Central Administrative Tribunal - Mumbai
N Srinivasan vs M/O Defence on 16 June, 2023
i.
Central Administrative Tribunal,
Mumbai Reach, Marmbal,
O.4.424, 588/2014 & 2310/2018
Dated this Friday the 16° day of June, 2023.
Coram: Justice MG. Sewlikar, Member (IudiciaD
ro
S
woud
Dr. Bhagwan Sahai, Member (Administrative).
OA . S58/2 Oia
BD. Gaikwad. son of Daulat Gaikwad, age 66 years,
Retired Deputy CDA, R/at 448 Raksha Lekha Society,
Dhankewadi, Pune ---411043.
S.B. Ghorpade san of PuniaramGhorpade, Age 62 years,
residing at Flat No. 19, Gold Craft Hse. Society,
Vishranthw ad, Pune -4i1015.
S.R. More, sonof Raghunath More, Age @0 years,
Kat Flat No. 102, Ganga Kunj, KalasMalwadi,
Pone ~{1 1015.
MLS "Va aidyva, Son of Sawla i Ram Vaidya, Aged 60 years,
Rat C/26/8, Ketan Heights, Kothrud, Pune 411038.
Jf, Kathale, (DAS wife of Jagdish Kathale, Age 63 years,
e
residing at Durvankur, Shau Col, Lane No.2, Karvenagar,
Pane ~~ AL LOS? .
S.VYadkikar son of Vishnu Yadkikar,
A ged 62 years, R/at D/2, Surya Prabha Garden,
KRondhwa Road, Bibewadi, Pune 411037.
VV Rrishna Murthy, VL Viswanthan, Age 64 years,
RYat Flat No. 302, Tulip Building, Kumar Suraksha,
Opposite NIBM Road, Khondwa, Pune -- 411048,
PJ. Dixit son of Jayram Dixit, Aged 62 years, rfat D303,
Rahul Park, Opposite Atul Nagar, Warje, Pune -- 411058.
S.&.Mudrankit, son of KishanraoMudrankit, Aged 63 years,
R/at B-S Raksha Lekha Society, Dhankawadi,
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Dee
ims]
k
16,
20.
Pune ~}] 1043,
TS. Venkatesan, son of "TNS STinivasan,
Aged about @2 years, Rat BY? i (Old), Flar Nog, a.
Vishranth Housing Society, Visranthw: 'adi, Pune ~4110) 5.
VP. Bhade IDAS Son oY Late Prabhakar Bade,
Age Gl yrs, Residing ; at C/o S.8.Gh iaisasi, Flar Na. ie
Trillum, Magarnatta City, Hadapsar, Pune ~ 4110
SUR, tes IDAS Son of Late KondibaRithe,
Age 64 yrs. res) iding at FNo, 12, Ankur B Has. See,
Seo. 36) 9 1G, Sat 'Chowk, New Sanghyi,Pune ~ ALTO? 7,
D.G. Gaikwad IDAS Son of 1. ate Gopal Gaikwad,
Age 64 yrs, Residing at Plot No. 4.$.NoS1,
Bhair ak Nagar, Dhanori Road, Vishy trantwadi, Pune ~ 411025.
MLD. Somvanshi Son of Deep Kine ee
Age 61 years, residing at Deep Kunj, Survey No,
Navrang Society, Wadgaon wherl, Pune ~ 411014.
A.N.Gade, son af Nivrutl Ge ae, bed &4 years,
RY 'at, B- 503, Gini Bellissime, SN ® 22 Dhanowrig,
Pune --- 411015 .
A.R. Shelarin: AS Son of Rao Shelar,
Age 62 VTS. Residing at 1O4-B, Yash Ras
Sec. 126-26 Pas han Sus Road, Pune ~ 40 ai.
S.V.Ghone IDAS Son of Late Vishal Chone,
Age 65 yrs, Residi ing at Sunshree E/3-103,
NIBM Road, Rondhwa, Pune ~ 411048.
A.D. Meshram son of DasrathMeshram,
Aged 65 years, Residing at 5-304, MadhubanSacier iy,
Alandi Road, Visi ranthwadi, Pune. ~LTOVS,
BLK. Chandane IBDAS Son of Kashinath Chand lane,
Age 67 Yrs, Residing at 1680 Sahara Park,
Flat Noa} , Kamger Nagar, Pinypri, Pune 41104 Ss,
RVUayakrishnan IDAS Sor of S. Raghavan,
Age 64 ¥rs, Residing at 17/2 Simran Apt,
3 OA 324, 3382014 & DVIS
Sukhwant Park, Pimpri, Pune -- 411018.
el. RL oe TOAS Son of Laxman Hinganl,
Age OT Yrs. Residing at S.No. 37/10/2, Kalepadal,
Near Shiney C 'olon ny, Hadapsar, Pune -- 411028
22. ALN Choure IDAS Son of WNamdeoChoure,
Age 62 Yrs. Residing at Hastioaram Co- ~op. Soc,
Flat No.A/2 1, Opp. Jain Mandir, Near Bibwewadi Police
Chowki, Bibwewadi, Pune "F11037 '-
2 50 Yr
3. BC. Jacob IDAS Son of Chacko, A \g
Residing at Flat Ne ne .pex Serene
Wanowarl, Pune ~ 471040,
e6 Ss.
Co.op, Hse. Sac.,
24, AV.Baviskar IDAS Son of VithalraoBaviskar,
Age 63 Yrs. Residing at Plot No. 1A, Milind Hsg. Soe.
"Chakan Road, Talegaon Dabhade, Pune -- 411507,
*
#3, A.D. Ramble, IDAS Son of DattatrayaKamble, Age 64 Y'rs
Residing at CYO pes shpande, , Residing at D8OS
Springfields Hiss sa. 8 » Rothrud, Pune ~ 411038,
26. K. Vishwanathan IDAS Son of Krishnan NUBTY,
Age 64 Yrs. Residing at 75 Padmachayala.Op. Soc.,
Raghavendranagar, Karadi, Pune --~ 411014,
'6
te
ms
7. &Cnnitkrishnan IDAS Son of K.O.P Kelunnif pradi,
Age 68 Yrs, Residing at A/1, Plat No.204 Daffodils,
Kalewadi, PimpaleSa: udagar, Aundh Camp, Pune J POD,
tend
oP
AA, Zirale IDAS Son of Anna Zirale,
Age 62 Yrs. Residing at 67A, Raksha Lekha Spe. -
Dhanakawadi, Pune - 411043,
29. Vi Mathew IDAS Son ef KG. Mathew,
Age 63 Yrs. Residing at Flat No, M2/203
Phase 3 Undri, Pune -- 411060,
3 Hills & Dales
30. \V.B. Kenjale IDAS Son of BablranKen tale,
Age 65 Vrs. Residing at C/14, Prvanks Reside: ION,
Near Sane Guruji School No.32, Hadapsar Ga adn,
Pune -- 411028,
fad
1. S$. B.Budhatran HBAS Svo. -BapuB Budhatras,
bad
ee
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tad
we
Ay
42.
Sip
Rat A301 Jagtap Diary, Baner, Pune ~ 411049,
S.T Tavade DAS S son of Tukaram Tayade, Age 67 vrs.
Residing at C/21 Satvavihar, Wanowarl, Pune 417040.
HL. Gaikwad, Son of Kerha : Gaikwad, Aged 64 years,
Rvat A-407, Ganga Run, KalasMalwadi, Pime 41/015.
R.S.Pol IDAS Son of Shix vas Pol, Age 62 Yrs.
Residing at C/o. MR Harihar, 401 A, Prerana, PaudPhata,
bBrandwana, Pune ~ 41103 a
B.S. Raut, PDAS Son of Sitaram Rav
Residing at 203 ~ A Ganga Kun, Kal
Sal _ Menon IDAS wife of Mr Menon,
Ave 639 rs. Residing at Plot No33,
BAGS. So opanbaug, Pune ~4] i 1001,
N.WPendurkar IDAS Son of W aman Pendurkar,
Age G1 Yrs. Residing at Rama Vimal,
33/2, Sindhunagar, Seo-25, Pradhikaran, Pune 411044.
B.G. Lad IDAS Son of Govind Lad, Age 63 Yrs.,
residing at C-4 Sai] Mangal Hse Soc., Main Road,
Dhankawadi, Pune ~ 411043.
TN Srinivasan IDAS Son of Narshih
Reaiding at E-2, Gangadham. P hase 1. Bib
Sint. Rajlakshmi Wyo, Devrajan
Aged 60 yrs, Rat D71, Goel Shind e-Park,
Bhau Patil Read, Bopodi, Pune 41 1020,
KA. Gole LOAS Son of Anand immoGele, Age 62 Yrs,
Residing at 54.b, Raksha Lekha sa. Soc. Dhankawadi,
Pune ~ 411043,
PG. Venkataraman IDAS Son of Ganeshan, Age 67 yrs.
Residing at Flat No. 10 3, Bldg. No, E-2, Gangadhar n,
The.
Bibwewadi, [ullanagar Road, Pune -- 411037,
SV. Bhave [ID AS Son of Vasant Bh ave, Age 63 Yrs.
Res} iding at 48/16 Erandwana, Ex-Serviceman Colony
Paud Road, Near More Vidyalaya, Pune ~ 411038.
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S. Srintketan IDAS Son of Sheshadri, Age 62 Yrs.
Residing at Bi ide. Nod, Flat No.8, Pr 'jtamnagar,
Kothrud, Pune 211029.
NAVernkatraman IDAS Son of Narayan ian, Age 64 Y'rs
Residing at Bd, Preet Ky url Co-op. Soc. PELE iradiva » Road.
Vidya Vihar Colony, Pune 411016,
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Jiss Parveen Sethi [DAS Daughter of Cgandra, Age WPS,
Residing at Kubera Colony, Bide.C-1-6, NTIBM Road,
Pune 417048,
ML. Rakshit IDAS Daughter of Madanmohan R: aleshit,
Age O5 yrs. Residing at Flat No. 302, Mitra Co.op, Soc.,
Near Deep Bunglow, Model Colony, Pune 411016,
Almelu Chandrasekharan IDAS Wife of Chandrasekhar an,
Age 60 yrs., Residing at 26/16, Pratik Nagar,
Yerwada, Pune 411006,
DLE. Sarnaik (OAS Sonof Eknath Samaik, Age 61 yrs.
Residing at 205.2 Hoor, Vishal Amis. OW), 1025 Sadashiv
Path, Pune 4117036.
PB. Dighe IDAS Son of Ballrishna DX eghe, Age 60 ¥rs
Residing at A-1, Alaknanda Soc. Kohinaar Cal
Sahakarnagar > BOBO Col, Pune 471009.
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R.V.Roshe IDAS Son of Vishnu Koshe, Age 66 Yrs
Residing at flat No.19, Hrishikesh Complex, Bibwewadi-
Kondhw: a Road, Bibwewadi, Pune 411037
R.P.Deshpands IDAS Sen of Pandurang Deshpande,
Age 67 Yrs, Residing at D805 Springfields Hse. Soc.
Kothrud Pune 411038. |
A.V. Tilak IDAS Son of Vishnu Tilak, Age 64 Yrs,
residing at flat Ned, Gariga Lahini Hse. Soc. Near
Pratidnya Mangal Karyalaya, Karvenagar, Pune 411052,
PR, Nimgaonkar IDAS Son of Ramkrishna Ni imgeonkar,
Age 64 Yrs. Residing at Flat No.S-4, oe Nagar,
Ganesh Nagar, Vadgaon Sh werk. Pune 4h ie
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AS
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'yasamy, Age
Residing : at t Bag, No. } ED, lek No.
Niadhuban Cle
Vishrantwadi, Pune 411018.
S.Ananthakrishnan IDAS Son of Late Sy ubbaratnum,
Age 55 Yrs. Residing at 9A, Raksha Lekhakise, SOU
Dhankawadi, PUNE 411043,
L.R. Waghmare IDAS Wife of Ramesh Waghmare,
Age 61 Yrs. Residing at Flat No, Ac 406,
Shree Venkatesh Nisarga, Near Ashirwad Hot tel,
Wadgaon, Budruk, Pyune 411041,
DS.G
Residin
S228
Gedbole IDAS Son of Shridha ur Godbole,
g at [89 Heramb Soc. Shreevijay, Sahakarn ms
Puned 1 1009,
VS dyer IDAS Son of Sankaran lyer, Age G1 Yrs
Residing at 3/A, Raksha Lekhab se. Soe. Dhankawadl,
PUNE 411643,
Shaikh A,S. IDAS Son of Sher Mohammad, Ao
Residing at [18 Snehy
an Society, Sahakar N.
Pune 41109,
OQ
ASS ri
os %
iq
D.M. Deshpande IDAS Son of Madhukar Deshpande,
261 Yrs. Residing at Krishnal Bun nglo at Ne
Age w, Plot No, 102,
Mahesh Soo., Bibwewadi, Pune 411 fO37.
KR. Gopinathan Nair [DAS Son of
Reshavan.
Age G7 Yrs, Residing at Plat No.8
. Agro view Hee, Soc,
Bhairavinagar, Dhanori Road, V ishrantwadi, Pone 411015.
C. Sugumar IDAS Son.of K. Chidambaram, Aged 63 yrs.
Residing at Plat No. 2, 03 Bldg. No. D, Park Vak
encia,
P inglay Vasti, Mundhwa Road, Pune 4] 11036,
Rees ea 3
64. AG Chacko IDAS Son of George Chacko. Age 63 yrs.
Residing at A-4/], Salunke Vihar, Army \W 'elfere Hs Se,
Sac. NIBM Post, Pune 411922.
65. Miss Priya Godbole IDAS Daughter of Suhas Godbole,
Age Ol Yrs, Residing at . 9 Raksha LekhaHsg, Soc,
Dhankawadi, PUNE 41
Oa 5,
ge 62 * YES.
fardhan S¢ e
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67.
6s.
68,
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OAS24, SIRS & BVSG1S
oars
R.P Rhunte IDAS Son of] Pandurang Khunte,
Age 62 Yrs, Residing at Classic Camplex,
Punyal Nagar, Dhankawadi, PUNE 411043
D.K. Kothari IDAS Son of Krishnaji Kothari,
Age 61 Yrs. Residing at Raghunandan Complex,
Wing B2, Flat No. 14,3 Near HDFC Bank,
Singhead Road, Pune 4p OST,
AH. DeshpOande ID, AS. Son of Heramb Deshpande,
Age 64 Yrs. Residing at [22 2 Sahakarnagar, No.l,
Varad Soc. Ganpatl Hse, Soc., Pune 411009,
Yrs. Residing at K 601, Rose Valley, Kunal Toon Road,
Near ICICI Bank, Pimple Saudagar, Pune 411027,
D.D. Ghogare IDAS Son of DhondibaGhogare, Age 66
MLD. Mathew [DAS Son of Joseph Mathew, Age 62 Yrs.
Residing at Raw House No, 77a, Mbada, Morwadi, Pin ior,
Pune 4101s,
Mrs. Verginia S. Fransis DAS Wife of Sunny Francis,
Age 62 Yrs. Residi me at Hei, Dishney Park,
Azadnavar, BO. SRE "GP 2, Pune 411022,
Oy Cr, Nair IDAS Son of Narsihan, Age 64 Yrs. Residin wat
Plot No.3, Rose Land Co.op. Hsg. Soc,, S.No, 49/1,
Bhairav Nagai, Dhanori, Pune 411015.
M. Zachariah [DAS Son of Late T.K Zachar iah, Age 65 yrs
Residing at Row House No.3, fave Wood Row Estate,
Azadnawar, Wanawari, Pume 411022.
Mrs, CLALR. Laxshini ] PDAS wife oP A Nagendra prasad,
Age 60 yrs. Residing at £-28 Lokpriyanagari, Dhanesi
Road, Vishrantwadi, Pune 411015.
M. Ramdas IDAS San of MK. Nair, Age 65 Yrs, Res iding
at Plat No. (01,Plameria Ny at! Estate, Neat Corrianthan
Club, Moharamaedy adi, Pume 411060,
Mrs, Komala Ramdas IDAS Wife of M Ramdas
Age O0 Yrs. Residing at Flat No.101, Plumeria Nyati Estate
Near Corrianthan Club, Mohammaedwadi. Pune 411060.
§ QA S29, 3582014 & BApo078
#7, BJ. Abraham IDAS Son of Late PA. Joseph,
Age 68 Yrs, Residing at5, Kuldeep Apt.
Vikas Nagar, Wanowarie, Pune 411040.
78. Mrs. Malath: Narayanan IDAS Wife of Vaidyanathan,
Age 64 Yrs, Residing at HS Mantri Aangan,
LO
Pingale Vasti, Mundhwea, Pune 41 Uf 36,
Na
Pe. Mes. Chandra Vishwanatan IDAS Wite of Vishwanathan,
Age 62 Yrs, Residing at 75, Padmachava Co-op. Soc.,
Raghvendranagar, Kharadi, Pune 4110 14,
&Q, Mrs. SS. Phadke IDAS We of Sudhir Phadke,
Age 60 Yrs, Residing at 19 Pratibha Gharkul See. 18/5 A,
Kothrud, Oop. Joshi Ratlway Museum, Pune 414 O38,
OO
Somat
C. Narendra Prasad IDAS Son of Late C.H,
Gopalkrishnaran, Ace 66 Yrs, resid Ing al E2S
Lokprivanagar, Dhanari Road, Vishrantwadi,
Pune 411015,
82. \V.Thomas IDAS Son of Late RK Verghese, A
Residing at Flat Nod, Blds. Ne. 30, Pratkes
Pune 411006,
ge 62 Yr.
83. K.V.Mohanan IDAS Son of Laie K.P. Vasudevan,
Age 60 Yrs, Residing at Flat No. A 405, Gini Bellissimo,
Parande Nagar, Dhanori, Pune 42101 5,
84. RR. Murlidharan IDAS Son of Late Ramaswamy,
Age 66 Yrs. Residing at 4 13/701, Bramha Avenue,
Rondiwwa, Pune 411048.
tat
A.N. Gopalkrishnan Nair IDAS Son of Late A. Narayanan
Nair, Age 63 Yrs, Residing at Flat No. Shankar
Apariments, Sanewadi Jagtap-Society, Pune.
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H.A.Mahanurs [DAS Son of Abaji Mahapure:
Age O8 Yrs. Resfding at B-2, G anesh Puram,
Qpp. Corporation Bank, Ganeshnagar, Dapodi, Pune 411012.
87. DS. Kulkarni IDAS Son of Sakharam Kulkarni,
g
Age 62 Yrs. Residing at A202 Sun Planet,
Suncity Road, Anandnagar, Vadeaon BK, Pune 41 WOS!,
9 OA S24, SSR 2OTS & 23/2018
Se, S.¥. Sawadkar IDAS Son of Vasant Sawadkar,
Age 61 Yrs, Residing at 217, Sahakar Nagar No.j,
Varad Ganpati Seo. , Pune 411309.
88 SL. Auchare [DAS Son of i Lan man Auchare, Age 66 Yrs.
Residing at Raw House No, By TY Suiehres Emrald, NUBM
Road, Kondhwa, Pune 4 H1O48,
OO. KD. Joshi IDAS Son of Dattaram Joshi, Age 61 Yrs.
residing at C/o. P.B.Dighe, 1, Alaknanda Society, Kohinoor
Colony, Sahakar Nagar No.2, Pune 411009,
QT. BG. Paladhe IDAS Son of Govind Paladhe, 4 .ge 62 vn SS
Residing at C/o. KR. Rajarshi, Flat No. 101, Akruti Sant
1260, Sadashiv Peth, Pune 411030
Oo . A.SJanorkar IDAS Son of Shankar Janorkar Age 62 Yrs.
Residing at Om Datta Sawali, B/I1, Raim udraHs So. SOC,
Dhankawadl, Pune 411043,
23. Ganjoo Chamanial DAS Son af Lal Ganioo, Age 63 Yrs.
Residing at Flat No, 203, 8 Wing, Chintaman! Niw:
Katrajkondhwa Road, Pune 411046,
94. 3. ViRulkarnd [DAS Son of Vishnu Kulkarni, Age 60 Yrs.
Residing at Radhakrishna, $38 Kasba Peth, Pune 411011.
9S. C.K. Mandaykar [DAS Son of KrushnajliMan davkar,
Age 64 Yrs. Residing at B6/3 Nirmal Township,
Anand Nagar, Pune 411081.
95. VC. Ramchandran IDAS Son of V.K. Chellamani,
Age 67 Yrs. Residing at Anute} Symphony Co-op.
Hee. See., 612/613 Nana apeth, Pune 411002,
S¥. RLY Ramble IDAS Son of Yashwant Kambie,
Age 63 Yrs. Residing at Cfo, 0/3, 2 Surva Prabha Garden,
Kondhwa Road, Bibewadi, P 'une 41033.
98. BAG. Padre IDAS § von ofG, Padre, Age 60 Vrs.
Residing at Flat No.3 %, Shaila. Bldg. 5
Mak alami Nagar, Bibwew adh, Pune ay 1037,
Ce
ee
irs. Pushpa Ratmakaran IDAS Wife of
PE. Ratnakaran, Age OL Yrs., residing at E3,
100,
101.
102.
pene
ot
ate
106.
LOY,
1Q8,
109,
110.
LLL.
19 SIA SS4, SSRIS & SIPS
Harshvihar, Nagaras Road, Aundh, Pune 411607,
H. Basavraja, Son of K. Kotrabasaiah, 4 Age 61 Yrs
Residing at Flat No, B/102, Ganga Kunj, iy
KalasMalwadi, Pune 411015,
S.N.Deshpande, Son of Narhari Deshpande,
Age 64 Yrs. Residing at G $02, Gangatirth,
Near Aranyeshwar Temple, Pune 411009.
Mrs. MUS. Kulkarni, wife of Shashikant Kulkarni,
Age 62 Yrs, Residing at 686/53 NirantVasahatkotari,
Blog. Na. G/S, Bibewadi, Pune 411037.
Kedar BM. Son of Balasaheb Kedar, Age 62 Yrs. Residin ng
at Chandannagar, Pune 411014.
Vo. Mucharikar, Son af Gangadhar Mucharikar,
Age 63Yrs, Residing at Flat No. A-18,
PashimrangHse. Soc., Warie, Pune 411058,
Mirs, A.S Datar IDAS Wite of Shankar Dstar,
Age O1 Yrs. Residing at 138 Shukrawar Peth,
Mnealm urty Soc, Pune 411005,
VS. Sawanth, son of SakaramSawanth,
Age 67 years, R'at Plot No.38, survey No. 213,
North Rajiv Nagar, Virnan Nagar, Pune di
VR. Waghmare, son of Rambhau Waghmars, Age 68 years,
R/at House No.2, Sunny Super Row Houses, O! ds Sanghvi
Pune 47] 027,
C. Gopalakrishnan, son of Raman Vellodi, Aged 72 years,
Rat Flat No. 302 Labon! Towers, Aundh Road, Pune i O20,
Subramanaian, son of Veni Katramanan, 74 years
wi at Plat No.1, Shakunthala Apartments, Rastha Peth,
Pone 4 aed tou an
A.V. Mhaskar Son of VasudeoMhaskar, Age 68 yrs.
Residing at 47/9, Shajanand SO , Kothrad, Pane 411038.
AS, aera Sh aT, , Son af Late A.V Srinivasan,
Age 70 Yrs. re 2, Nana Peth,
ii.
13.
li4.
'prea
ort
{28
Ly OA S24, SSS 2014S & 23/2015
Asbok Chowk, Pune 411002.
R. Venkataramanan Son of Ramachandran, Age 74 yrs
Residing at Flat No.9, Mayuresh Apt. 276/277, Rasta Path,
Pune 421011.
es
8. Rannan TDAS Son of Srinivasan, Age 68 srs. Residing at
OSD ~22, Mithila, Deshpandepuram, Rarve Road,
Pune Ah 1O38.
T.Nandkumar IDAS Son of Chelat Gopala Menon,
Age 69 Yrs. Residing at Flat No.0, Shankar Apts,
Sanewadi, Aundh, Pune 411007.
MLR Harihar IDAS Son of Raghvendra Marihar,
Age 67 vrs., residing at 40] A Prerana, PaudPhata,
Erandwana, Pune 411038.
S.Hinge [DAS Son of L. Shridhar Hinges, Age 68 Yrs.
Residing at S.Na. 13, Shri Somnath Society,
Plot No.2, Vilay Co-op.Soc., Warje, Pune 411038.
AS. Vekatraman IDAS Son of AN. Subramanivam,
Age 72 Yrs. Residing at Siva Darshan, 232 Nana Peth,
Prune 410002.
ViThiagaraian TAS Son of Vaidyalizgam,. VES.
Residing at Flat No. El, SatvaviharHss. Soc., Pune 411040.
G. Parmeswaram IDAS Son of Ganeshan,
Age 69 yrs. Residing at Plot ne iO, Varsha Soc...
Mohanwadi, Yerwada, Pune 411006.
R Krishnan [DAS Son of Ramaswamy,
Age 79 yrs. Residing at BE1-103, Prasad Nagar,
Sai Krupa, Vadeson Sheri, Pune 411014.
VY Narasnunhan Son of Venkata
Age 7i Yrs. Residing at B+2/
Vishrantwadi, Pune 411015
5, Siddheshwar Nagar,
iz OA S24, 35820148 & 231)
123. VN Jayaraman Son of VS, Narayanan,
Age 78 yrs, Residing at Flat No.7, Kaustubh Co-op, Soc.
eel-282, Rasta Peth, Pune 4110) L.
124. KUS.Sadasivan, Son of K.S.Survanarayan,
Aged 70 years, R/at A- 1/22 KiuumarSamrudhi,
'Tingsrenagar, Pune 411015,
pecet
fo
thi
S. Venkatraman LDAS Son of V Srinivasan,
Age 77? Yrs, Residing at 279/280, Somwar Path,
Pune 4biolt.
126, BB. Meshram sen of Babu Lal Meshram,
Aged about 68 years, R/at 20 Shri Samarth Housing Society,
Bakul N Nagar, Bibewadi, Pone 411037,
Vis. Markendeya LDAS Son of Sadashiv Markendeya,
Age 70 Yrs. Residing zat Cio, RetkiDandavats,
Varsha Vihar, B 2634, Sun City Road, Anand Nagar,
Singhgad Road, Pune ALTOST.
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oa
A, Sunderarajanson of Rashavachart,
Aged 76 years, Rat ALS 32, Kumar Samruchi,
Tingre Nagar, Pune 411015.
2
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VB Jagannathan San of N. VR. BNalkrishnan
Age 66 yrs., residing at 47/2, Sahaianand Sac te -iety,
Kothrud, Pune 411038,
130. HR. Kothari IDAS Son of Ratilal Kothari,
Age 61 yrs. Residing at B-602, Aiswaryam Greens,
Kaspate Chowk, Wakad, Pune 411056.
131. G. Jaiprakash, son. of Gopinathan Nair,
Aged 60 years, R/at B-3/33, Sidheswar Nagar Co-.
Operative Housing Saciety, Tingarnagar,
Pune 411018.
had
te
VOW. Joshi DDAS Son of Warnan Joshi,
Age 64 yrs. Residing at Flat No. 4, Bldg. Boke
Guruganesh Nagar, Rothrud, Puned1 1038
133. Ss. Lakshminarayanan, son of AVS Raghavan,
Aged about G2 years, R/at 69, Somwar Peth, Pune 4110101. -
au
wk
1s
134. R.R.Ahuja IDAS Son of Raj Ahuja, Age 63 yrs.
Residing at 41, Jagdamballsg. Soe., Noor Bora Class, Lane
4, Vadgaon Sheri, Pune 411014.
135. Shamsudin Khan, Age 63 yrs. Residing at Nausarbagh,
Flat Ne. 74/4, Kondhwa Khurd, Puned 11048.
136. A. Krishnamurthy, son of Somiah, Age 62 years, residing at
A-&, Mrunali Orion Complex, Aundh Road, Pune 411029.
137. §. Padmanabhan IDAS Son of B.S. Srinivasan,
Age 62 yrs. Residing at B-43, Aashiyana,
Bhau Pati Road, Pune 411020.
138. BB. Shirke, Son of BaburaoShirke,
Age 6§ yrs. Residing at Flat No. 208, AS Wing,
Mahalaxmi V thar, Vishrantwadi, Pune 41] 1015.
139, &. Vijayalakshmi Daughter of Subramanivam,
Age 60 yrs. Residing at Flat No.9, Cosy Mansion,
Gidney Park, Punewala Park, 'Pune PALLOS?,
140. K. Parmeshwaran [DAS Son of Kantivasan, Age 78 vrs.
Residing at J-27, Sacred Heart, Wanwaori, Pune 411040.
idt. TLR. Sarath IDAS Son of Tulsi Kajgopal,
a e 79 yrs. Residing at Shanta Niketan,
3 Bhan Patil Road, Kirkee, Pune 471020.
442. . M.S. Vishwanathan IDAS Son of Late R. Subre mis
78 vrs. Residing at Fiat No.4, Savitri Apt, Av:
College Road, Erancwarns, Pune 411004,
143. VL. Mathew, son of TP Idikkula, Age 61 years, R/at B-
102, Amar Ornate, Opposite Magarpatta City, South Gate,
Hadapsar, Pune 411022
i44,. N.Govindaran, son of K.Nagaraj] Rao, Age 76 years,
Sathyapuram, Saswad Road, Pursunghi, Pune 472308.
idS. VS. Sugathan IDAS Son of VR. Sankaran,
Age 64 yrs, Residing at C-304, Imperial Residence,
Kalye ui Nagar, Pune 411006,
146. K.P. Mohanan IDAS Son of Late Padmanabha Kurup,
id CA Awd, SSRGO14 & BILZO1S
Age 4 ys. ae at at _ B- 18, Satvam Co-op.
147. P ne Raju IDAS Son of Late Raghav edrarad, Age »63 Yrs
esiding at C/o. RP. Deshpande, D-805, Soring Fil ds, 3,
pit Society, Kothrud, Pune 411 O38,
148, SS. Rarckar, son of Srikant
Aged about 62 years, R/at, Sun D,
House No. 623, Saras Society, "Shelar Nagar
Dhankavadi, Pune 411037
149, Smt. AK. Swathanthran, Wife of Shri Swathanthran,
Aged about 60 years, R/at BS Flat No.t0,
Krishna Kewal Town Ship, Kondhwa Main Road,
Pune 4) 1088.
130. GUD. Puranik sen of D. Puranik,
Aged about 60 years, R/at Survey No. $63 Balaji Nagar,
DPP Gurudwara, Vadagaon Sheri, Pune 411014.
All are Joint CsSDA, Dy. CsDA, ACSDA who worked and
Retired from different offices under the respondents and
Now reside In Pune), . Applicants.
( By Advocate Shri PA. Prasadrao ).
Versus
lL. Union of India, Through the Seoretary, Minisiry of Deferice,
South Block, New Delhi - LIGQ1I.
2. The Secretary, Ministry of Defence (Finance)
DAD (Coord), South Block, New Delhi -110011
3, The Cortroller General of Defence Accounts,
Ulan Bater Road, Palam: Delhi Cantonment ~ 110010,
4. The Principal Controller of Defence Accounts (Pensions),
Draupati Ghat, Adahabad - 211014 _ Respondents
iBy Advocate Shri R.R.Shetty _
18 OA S24, SSHTOS & BILAOLS
O.AS24/2014
Ni Stinivasan, IDAS, Sr Dy.TFA (DUDA),
Son of Late Narayanswamy, C/903, Asha Kun}, Smarth Garden,
Datta Mandir Road, Bhandup (West), Mumbai -- 400 078.
Retired from O/o the FFA WNC, Mumbai ~400 023. .. Appheant.
{in Person )
Yersus
1. Union of India, Through the Secretary to Chovermment,
Department of Defence (Finance),
3 1-A, South Block, New Delhi-~ 110 O11.
2. The Controller General of Defence Accounts,
Ulan Batur Road, Palam Delhi Cantonment - 110010.
3. Integrated Financial Adviser, Western Naval Command,
Shahid Bhagat Singh Road, Mumbai ~ 400 G23.
4. Principal Controller of Defence Accounts (Navy), \,
No.1 Cooperage Road, Mumbai ~ 400 O01. Respondents
(By Adyocate Shri N.K. Rajpurohit),
O.A2S1/2015
1. George Joseph, Son of late Devasia George,
Residing at "Dew Drop", 40/1, Vadgaonsher!
Pune ~ 411 040.
2. Smt. Swati Ravindra Mishal, wife of Shri Ravindra Mishal,
Residing at DY1Q2, Serena Soapes, Near ISCON Temple,
Shinde Vasti, Ravet, Pune ~ 412 LOL,
3 -SmtN.R. Kudchikar, Wife of Shri Ramchandra Kudchikar,
Residing at 'Niramay', B-21/2, Rajmundra Housing Society,
Gulabnagar, Dhankawadi, Pune ~ 411 043.
A. SmiManjn Mohan Kharwandikar
Wife ef Shri Mohan Kharw andikar, Residing at Plot No3Y
& 40, Amrapall Apartment, Right Bhusari Colony,
Paud Road, Kothrud, Pune ~411 038.
16 OAS, 5882014 & SIV 2018
S, Smit. Vandana Ashok Maybhate, Wits of Shri Ashok
Maybhate, Residing at B/2- 10, Vimal Vihar,
Bibwewadi, Pune ~ 411 037. » Applicants.
(By Advocate Shri PU. Prasadrao}.
Versus
i. Union of India, Through the Secretary,
Ministry of Defence, South Block, New Delhi~ i001].
2, The Secretary, Ministry of Defence (Finance)
DAD (Coord), South Block, New Delhi ~L10011.
3, The Controller General of Defence Accounts,
Ulan Batar Road, Palam Delhi Cantonment ~ 110010.
4, 'The Principal Controller of Defence Accounts (Pensions),
Draupati Ghat, Allahabad ~ 211014 Respondents
(By Advocate Shri R.R.Shetty)
Order reserved on ; 17.03.2023
Order pronounced on : 16.06.2023.
ORDER
Per : Dr. Bhagwan Sahai, Member (A).
OA No. S58/2014Shri PD, Gaikwad retired Dy. Controller of Defnee Accounts and 149 others have filed this OA on 16.04.2014 for setting aside impugned order dated 05.11.2013 issued by Deputy Controller General of Defences Accounts (Admin), office of | Controller General af Defence Accounts, Delhi Cantt. replying to the applicant and others that their case for grant of Senior Time scale in Indian Defence Accounts Service on promotion to the 2 rade of Assistant Controller of Defence Accounts from Seniar it OA S24, SSS/2014 & PVRS Aecounts Officer in Hight of judgment of CAT, Principal Bench, New Delhi, CAT, Mumbai Bench, and CAT C hennal Bench has SS G2.
[an ot
i) pas .
been examined and the applicants were informed that thet is not covered under any niles. Therefore, it was replied that demand made by the ap sligants in the representation cannot be x me further seek direction to the respondents to grant them benefits of senior time scale with revised pay scales as per 6° CPC of PB-ILl of Rs. 15,600-39, 100/- with Grade Pay of Rs.6,000/- from the dats they were promoted as Assistant Controller of Defence Accounts with all consequential benefits of pay fixation and arrears including retiral benefits fixed accordingly slong with grant of 12% Interest on the arrears.
3. Summarized facts ;
Zia). The applicants have served under respondent No.3 as Auditors, Section Officers GAccounts), then Assistant Account Officers (AAO), Aecounts Officers, Senior Accounts Officers, Assistant Controflers of Defenee Accounts (ACDA) (TS), Dy. Controllers and Joint Controllers of Defence Accounts from various dates. They were initially reerutted as UDCs/ Auditors _ different offices under respondent No.3 Le. Controller Gen neral of Defence Accourits, New Deli and then were promoted to higher ig QA 424, $58/2014 & 2312015 posts under Indian Defence Accounts Service (DAS) before their retirement, 2(b). AAO and Senior Accounts Officer (SAQ) are Group 'E' Gazetted posts and from the post of SAO they were promoted to Junior Time Scale of Indian Defence Accounts Service, Appointment to the post of Assistant Controller of Defence Accounts is made partly from promotion of SAO and partly by direet recruitment through Civil Service Examination conducted by UPSC. While directly reernited ACDA are placed in pay seale of Rs.15,600-39,100/. with Grade Pay of Rs.6,000/., those promoted as ACDA are placed in the Pay Band of Rs.9.300-34,800/. with Grade Pav of Rs.5,400/-. While the applicants were given charge of Group "B' Offvers, the direot recruits are given charge of that grade after cornpletion of four years of service, 2{e). The applicants made representation to the respondent NO requesting to grant them higher pay scale and higher grade pay. However, this has been rejected by the respondent No.3 as per the impugned order, Therefore, this O.A has been filed. OA No S242014 The applicant, Shri N.Srinivasan, retired as Deputy Controller of Defence Accounts (DCDA) has filed this OA on 27.06.2014 seeking setting aside impugned order dated 05.11.2013 issued by Deputy Controller General of Defence Accounts ag OA SI, $58/2014 & 2310018 (Admin) office of Controller General of Defence Accounts, Delhi Cant. replying te the applicant and others that their case for grant of Senior Time Scale in Indian Defence Accounts Service on promotion to the grade of Assistant Controler af Defence Accounts from Senior Accounts Offcer in light ef Judgment of CAT, Prinvipal Bench, New Delhi, CAT, Mumbai Bench, a and CAT Chennai Bench has been examined and his demand is not covered under any rules. Therefore, it was replied that demand mace by the applicant in the representation cannot be acceded to. He farther seeks direction to the respondents to grant him benefits of Senior Time Scale with revised pay scale as per O° CPC of PB-3 af Rs. 15,600-39, 100+ with Grade Pay of Rs.6,600/- fram the date he aE was promoted as Assistant Controller of Defence Accounts with all consequential benefits of pay fixation and arrears, including retiral benefits fixed accordingly along with grant of 12% Interest on the arrears Summarized facts :
Zid). The applicant joined as Clerk from 19.12.1970 and then got promoted as Auditor, Section Officer, Assistant Account Officer (AAO), Accounts Officer, Senior Accounts OiSicer, Assistant Controller of Defence Accounts (ACDA) (TS), and finally Dy. Controller of Defence Accounts (DCDA)} on 2} PA SIA SSB A QIZOIS 22.01.2008 and he retired on 31.07.2011. He submitted a representation in January 2006, April 2006, May 2009 and 19.09.2013 to the respondent No.2 and in Navernber, 2013 to Pinaneial Adviser, Ministry of Defence, New Delhi in response to which the impugned mpl has been received from the respondents. Hence this OA has been filed.
OA No 2312015 Shri George Joseph and four other appheants have Aled this OA on 20.02.2015 seeking setting aside the impugned order dated 17.12.2014, 13.03.2014 and 29.01.2015 rejecting thetr claim for grant of higher pay seale and grade pay stating that the issue raised in their representations had been examined and they were informed that their demand is not covered under any rule and it was regretted that their demand cannot be acceded to.
Some of the applicants were also informed that recruitment, promotion and seniority of various grades of Indian Defence Accounts Service are governed by Indian Defence Accounts Service Rides, 2000 and it is regretted that their case was not covered under the above rules and, therefore, the request for grant of Senior Time Seale of IDAS cannot be acceded to.
ai OA.S34, S98201S & 2AVIOIS Summarized facts:
a{e). The applicants joined service as Au ditors, Section Officers (Accounts), and then were promoted ag Assistan Y Account Officers (AAO}, Accounts Officers, Senior Aceounts Officers and to further senior posts and retired during 2009, 2013 and 2014, They submitted a representatien to the respondent No.3 in £013 and 2014 for grant of higher pay scale and grade pay, But respondent No.3 has rejected their claim through the impugned tae
3. Contentions of the applicants ~ In the OA, written arguments of their counsel and oral submissions, the applicants in the above three OAs have contended.
as under:
3{a). afer their initial recruitment they passe the Subordinate Accounts Services (SA3; fon conducted by 4 the respondent Nod and got promoted as Section Offtcers (Accounts), A AQ, and Senior Accounts Officers (SAO), which are all Group "B' posts and thereafter were promoted as ACDA (ITS), DODA and Joint Controllers of Defence Avewunts. Their claim for grant of higher pay scale and grade pay has been wrongly rejected by the respondent No.3 | Madras and Chandigarh Benches of this Tribunal and Jammu and Kashmir High Court have passed 23 GAS24, 88/2014 & SHLLOTS orders for grant of higher pay scale on promotion as ACDA te the applicants in thase OAs, 3b). this issue has also been covered i several case [AWS |
i) Supreme Court dec 'ian in case of K.C.Sharma Vs. Union of India, 1997 (3) SCT 341 and Satbir Singh Vs. State of Haryana, 2000 (2) SCT 34;
ai). Madras High Court in case of Union of India Vs. T.R Krishnamurthy, in Writ Petition No. 23816/2010 passed erder on 09.09.2011 for grant of higher pay scale equivalent to Senior Time Scale to the applicants in those cases dismissing the Writ Petition filed by Union of India against the order of CAT, Madras Bench dated 19.12.1907 In OA Nod ASL ORS.
CHD. The Chandigarh Bench of the Tribunal in case of Kalyan Singh Vs. Union of India and others in order dated 19.09.2013 directed the respondents fo gra mt benefit of Senior Time Seale of Rs.10,000-15.200- frevised to PB-3 of Rs. 15, 600- 39,100/- with Grade Pay of Rs.6,600/-) to the applicants therein from the date they were promoted as ACDA.
(iv). The Mumbai Bench of the Tribunal in the case of S.Bhageerathan Vs. Union of India and others in its order dated 28.93.1992 in OA Nof26/1988 allow ved the OA directing the sa:
respondents to refix the pay of the applicant fram the date of his 2 OAS24, S58/2014 & WLBWIS promotion to Senior Time Scale with consequent tal benefits with a condition that in case if the judgment in Delhi High Court is reversed in final decision of BD. Makkar Vs. Union of India, the applicants would reflind the benefits. Shri Bhageerathan retired and no deductions were made from his pay;
iv}. in case of Maharaj Krishan Bhat and Another Vs State of Jammu and Kashmir and others, (2008) 2 SCC ~ (L&S)} 783, in its order dated 01.08.2008 the J & K High Court allowed extension of benefits t similarly situated persons. The applicants contend that in other cases the respondents have given the benefits but they have denied the benefit of higher pay scale and grade pay to the applicants on promotion as ACDA, (vi Hyderabad Bench of this Tribunal in case of BR. Semayajulu and others Vs. Union of India has set aside the order of modalities of pay dated 20.04.2010 issued by the Controller General of Defence Accounts, New Dethi and directed the respondents to fix the pay of the applicants in Senior Time Seale as applicable on the date of their promotion ui retirement and also to refix their ger ension accordingly:
(vil). SLPs filed against the orders of High Courts have also heen dismissed by the Supreme Court. The stefor ', the applicants have a good case for grant of revised pay scaiss © yf Rs.15,600-
24 OA Sad, TSSI01S & 232015 39,100/- with Grade Pay of Rs.6.600/- from the dates of their promotions as ACDA instead of the pay scale of Rs.15,600- 39, 1004 with Grade Pay of Rs 5 400/-;
3{e}. Junior Time Scale Officers under CODA are given higher responsibility on promotion and therefore, they cannot be treated on par with Junior Time Seale ONicers in other departments. Hence these OAs be allowed.
Contentions of the respondents + In regly, written arguments and during oral submissions of thelr counsels, the respondents have contended as under:
A(d). the main issue involved in these QAs is the fact that the post of Senior Accounts Officer (Group '8' Gazetted Past} was in pay scale of Rs. 15,600-39,100/- with Grade Pay of Rs.5,400/ and the entry level Junior Time Seale for Group 'A' post oF ACDA was also in the same pay scale of Rs.15,600-39,100% with Grade Pay of Rs.5 400/-. The applicants were rankers and jomed service as Clerks or Auditors and afier passins Subardinate Accounts Service examination got promoted as Assistant Account Officers, Accoumt Officers and Senior Account Officers, Thereafter they were promoted to entry level of Group 'A' Le. Junior Time Scale of IDAS. Since pay seale of Senior Accounts Officers (Group "BY "
RN ae! 3 OA S24, SS8N014 & WNBIS and Junior Time Seale in [DAS (Group 'A') were the same 1.8 Rs.15.600-39,100/- with Grade Pay of Rs 4,400/-, the applicants are seeking benefit of Senior Time Scale in the pay scale of a Rs.15,600-39,100- with Grade Pay of Rs. 6,600/- from the date they were promoted es ACDA in Junior Time Scale fram the posi af Senior Accounts OMicer;
3(e). as per Rude 10 of Indian Defence Accounts Service Rules, 2000, recruitment by promotion to the posts in the Junior Time Scale of the Service shall be made by selection from aN amongst Senior Account Officers (Group BR Gazetted) in the pay scale of Rs.8,000-15 S00/- with five years garvies, Thus unless a person promoted to Jumor Time Sct ale past is found fit by DPC. h th does not become eligible for promotion to Senior Time Scale. Therefore, the cortention of the appl licants that they should be granted Senior Time Se sale seale of Rs. 15,600-3 99,1006 with Grade Pay of Rs.6,600/- on their promotion to Junior Time Scale from post of Senior Accounts Officer (Group 'B' Gazetted post) does not arise and this request of the applicants is de Hors. The Recruitment Rules have been framed under Article 309 of the Constitution of India, In view of this position under the Rules, the Court/Tribunal camhot hold that a person who has been promoted as ACDA from the post of Senior Account Officer should be 28 OA S24, S58T014 & BH IO1S deemed to have met the eligibility criteria of having rendered ervice in JTS of Group 'A' post, although these two posts are in the sarne pay scale:
Sif. this issue has already been settled by the decisions of several Benches of the Tribunal from time to time in following Ci). in case of K.G.Menon and seven others Vs. Union of India and others, Writ Petition No. 1342/1979 was disposed of in favour of the applicants by decision by a Single Bench. This was challenged by the Department In LPA No.S0/1981) which was decided on 16.03.2001 remanding the Win Petition for fresh consideration. Then the Writ Petition No, 1342/1979 fled by Shri K.G.Menon was restored and finally it was dismissed In default for non-prosecution on 21.07.2014. During pendency of the LPA No. S0/1981, S. Bhageerathan Vs. Union of India filed OA No.436/1988 before this Bench of the Tribunal, it was decided on
25.03.1992 stipulating that as a result ef final decision in LPA No.S0/1981, if the position got reversed, then the benefits would be refunded by the applicant. Similarly, OA No. 100/1989 filed by Shri PD. Makkar and OA No.S7/1988 filed by Shri PK Jain before the PB of the Tribunal were decided on 25.07.1991 during pendency of the above LEA NoSoe198):
2? OA S24, S3R 2014 & 2312018 ai. the case of the present applicants is dependent on the judgment of the Delhi High Court in the case of Shri K.G.Menon and others dated 09.12.1986, However, as per the judgment of the High Court dated 16.03.2001, a Single Bench decision dated 00.12.1980 was notte constitute any precedent for any other case.
(a). In case of TLR JArishnamurthy, the Tribunal relied upon the decision of 28.11.1994 in OA No.2356/1993 (K.S.Rangaswamy Vs. Union of India) which had relled on the jucement in Writ Petition No.1 342/1979 fled by Shri K.G. Menon.
and others Vs. Union of India was dismissed on 21.07.2014. The present applicants are not similarly situated to the case of TR Krishnamurthy in OA No.3S/20Q09 which was decided by the Chennai Bench of the Tribunal on 02.05.2014 clearly dismissing the two similar OAs of G.Veeragharam Vs. Union of India and TN.Jayaraman Vs. Union of India as those cases were not similarly situated swith that of Shri Krishnamurthy's case; Gy). . the Principal Bench of the Tribunal in OA Na.ghasisols filed by K.B.Sharma Vs. Union of India, OA No.Adsi/2015 fled by R.B.Raal Vs. Unien of India and OA No.2221/2014 filed by Birbal Tejan Vs. Union of India has also established vide their order dated 12.08.2016 that the order of the Madras Bench of the Tribunal in CHA No.34/2009 cannot he held to 28 OASIS, SIGN & WVWI1S be an order im rem because it was passed im favour of the applicants therein in particular factual circumstances of the case. The Principal Bench of the Tribunal has alse categorically stated that as the Writ Petition (C}) No.) 3482/1079 had been dismissed vide order dated 21.07.2014, no fresh claim arose and the applicant cannot claim benefit of Senior Time Scale on first appointment to JTS;
iv}. decision of Hyderabad Bench of the Tribunal in OA No.832/2010 dated 26.08.2014, has been challenged in Writ Petition No. Li 142/2015 in which interim stay has been granted by the High Court. Two other similar cases in OA No.1113/HP/2013 (Satpal Singh & Others Vs. Union of India) and in OA No.1238/HP/2013 (Kalyan Singh and others Vs. Union of India & Others) have been disposed of by the Chennai Bench of the Tribunal after considering the similar matter pending before the Hyderabad High Court in Writ Petition No.1} 1142/2015 in case of Union of India Vs. BL.R.Somayajulu. The Principal Bench of the Tribunal has dismissed OA No.d4/2014 (R.K Sharma & Others Vs. Union of India) vide its order dated 64.10.9018 and three other OAs Nos.3683/2013, 4481/2013 and 2221/2014 were also dismissed:
28 OA S3a, SSR & BVAOTS {vi}. similarly, the other 0: As have also been heard by the Principal Bench of the Tribunat filed by Shri Tiss Rar and others and dismissed on 27.02.2019, Also Full Bench of Ernakulam Bench of this Tribunal has heard similar matter in OA No. [8OM096L2014 fled by Shri K.P.Balachandara & 245 others and dismissed them by order dated 02.05.20 if in OA No.288/2013 and 2849/2013;
3(g). as per letter of DOPT to Secretary UPSC on the sublect of "Guidelines for promotion in the Organized Accounts Services'Departments consequent to | issue of Ministry of Finance OM dated 22.09.1992" it had been clarified that Officers promoted fom Group B to a Group A service switch to an entirely different track of senior management cadres with career prospects quit distinct from that of Group B officers. There is a qualitative difference between the attributes required © sf officers placed in the scale of Rs.2,200-4,000/- ¢ s Senior Account OMicers and those promoted to Group A service. Such Group B officers cannot be compared with those of an Organized Group 'A' Accounts Services. Therefore, a Court order in their case shall not constitute any precedent for any other case. Merely the commons {ity of pay scales cannot obliterate the clear distinction that exists between the two categories. Moreaver, pay seale attached to a post is not the sole determinant of classification of the post as the Government has power to make exceptions. Although there are identical pay scales of Senior Account Offic nd ACDA, as per the 6 CPC, the Grade Pay in the Junior Time Scale is only Rs.5,400/- and in the Senior Time Seale, it is Bs.6,600/- with pay scale of Rs. 15,600-39, 1L00/-.
In view of the above submissions and case laws, these CAs should be dismissed.
4. Analysis and conclusions :
d{a). We have carefully considered the submissions made by the applicants in their QuAs along with its Annexes, f eply Tied by the respondents, rejoinder of applicants, vamous case laws cited wend fe ws by the parties and considered the arguments ady vanced by the counsels of parties, 4(b). The main issue for decision in these OAs whether Sr. Time Scale of pay can be granted to Assistant Controller of Defence Accounts on promotion from the post of Sn AO. Aner being appointed on different posts such as Auditors, Clerks and Section Officers, the applicants got promoted to different posts of Assistant Accounts ONfcers, Accounts Officers, Sr Accourts Officers and Assistant Controller of Defence Accounts. The pay scales for the post of Sr AO and ACD AS is t he same Le. as per gs 31 OAS24, S58/2014 & 2312015 CPC, it was Rs.§000-13500% which got converted to PB-2 of Rs,9300-34800/ with Grade Pay of Rs.S400"- as per 6 CPC pay seales. Thus on promotion to the post of ACDA, the apphicants remained in the above mentioned same pay scale.
die). The applicants tn these | OAs are secking grant of SrTime Scale of pay Le. Rs. 1O000-1S200/- as per S® CPC pay scale and PB-3 of Rs. 18600-39100/+ with Grade Pay of Rs.6600% as per 6° CPC pay seales at the time of their promotion as ACDA. This issue has to be examined as per applicable reoruitment rules and pay scales for various posts under the Indian Defence Accounts Service. Appointments to the post of Assistant Controller of Defence Accounts are made by promotion of Sr AO and by direct recruitment through Civil Services Examina conducted by UPSC. The post of ACDAs and higher posts are under the Indian Defence Accounts Service. Appointees to this service are governed by Indian Defence Accounts Service Rules, 2000, As per Rule 9 of those rules, every officer on appoiatment to the Indian Defence Accounts Service either by direct recruliment or by promotion to JTS from Group 'B! service, shall be on probation for a period of 2 years, provided that Government may extend the period of probation in accordance with instructions issued by the Government trom time to time 32 MAS24, S38/2014 & 2351/2015 On campletion of prokation or extended probation, when a directly recruited officer is considered fit for permanent appointment, he is confirmed in Als appointment on recommendations of duly constituted DPC in Junior Time Scale af pay. Officers promoied to the InTime Seale, i considered fit by DPC for continued appointment to the service, orders will be issued by the appointing authority for confirming their appointment in JTS of pay.
As per Rule 10 of the above rules, recruitment by promotion te the post in the InTime Scale of the Indian Defence Accounts 3 Service shall be made by selection fram among S:nAO (for Group 'B' Gazetted) in the pay scale of Rs.8000-13500/- with 5 years combined service in the grade of Sr AO / ALO. on recommendation af DPC.
As provided under Schedule IT. Annexed to the Indian Defence Accounts Service Rules, 2000, officers In the Jr Time Seale Le, Rs.8000-13500- with 4 vears regular service in the grade will be appointed on promotion to Sr Time Scale according to seniority based on sunabllity.
40d. From the sbove stipulations under the Indian Defence Accounts Services Rules, 2000, it is clear that Sr. AOs (Group B Gazetted), the post an which the applicants in these OAs were 33 OA SS4, 38/2014 & 23 2018 working got 'Promote di a ats of the service to the post of Assistant Controller of Defence Accounts. On such appointments to Jr, Time Scale of the IDAS as ACDA, they were entitled to the pay scale of Rs.8000-13500/- as per 6" CPC which is PB-2 of granted this pay scale. Thus, after appointment to Ir. Time Scale ; ACDAs, the applicants would have become entitled to promotion and grant of Sr. Time Seale of pay Ls, Rs.10000- 18200/- as per 5° CPC pay scale and of PB-3 of Rs. 15600-39100 Grade Pay of Rs.6600% as per 6° CPC pay scale only on satisfactory completion of probation, their confirmation in IDAS on post of ACDA and assessnient for promotion to STS after total period of 4 years in the Jn Time Seale of pay. 'Therefore, there is neither any provision under the Indian Defence Accounts Service Rules, 2000, nor any basis for their reasonable demand for grant of Sr. Time Seale of pay in PB-3 of Rs.15600-39100/- + Grade Pay of Rs.6600/- to them at the beginning of their joining in the Jn Time r.
Scale as Assistant Controller of Defence Accounts. In faet they are seeking grant of STS simultancously from the same time Le. from day of their appointment on promotion to JTS of IDAS, without application of rules of probation, confirmation to appointment to TDAS and scrutiny by DPC for grant of STS.
34 OA S34, S508 & SSA Ae). In view of the above factual pesition, the contention af the respondents is correct that the demand of the applicants in the present O.As for grant of Sx, Time Seale of pay te them just on their promotion to Jr, Time Scale in IDAS on post eaP ACDA from the post of Sy, Accounts Officer is de-hors.
The contention of the respondents also has weight that since the Indian Defimce Accounts Service Rules, 2000 have been framed under Aricle 309 of the Constitution of India, a Court or Tribunal cannot held that a person who has been promoted as ACDA from the post of Sr. Accounts Officer should be deerned to yave met all the eligibility eriteria of having rendered service in Jr. Time Seale of Group 'A' post Le. ACDA for grant of STS. aq), Reliance of the respondents on decision of Principal Bench of the Tribunal in O.A.3683/2013 (KAS. Sharma V's. Union of India), O.A4481/2013 (RK. Kaul Vs. Union of India) and O,AQ222014 (Birbal Tejan Vs. Union of India) dated 3,08.2016 halding that the order of Madras Bench of the Tribunal in O.4.352009 cannot be held to be an. order in rem because it had been passed in favour of the applicant therein in factual circumstances of the case . Therefore, in view of dismissal of Writ Petition No. 1342/1979 by order of 21.07.2014, no sufficient claim Se arose and the applicants cannot claim benefit of Sr. Time scaie ar Os 35 OA S24, 3562014 & 2391/2018 pay on first appointment to Jn Time Scale of Indian Defence Accounts Service.
dig}. The decision of this Bench of the Tribunal Shri Bhageerathan Vs. Union of India and others dated 25.03.1992 in O.A.426/1988, allowed the O.A. directing the respondents to refix the pay of the applicant from the date of his promotion to Sr. Time Scale with condition that in case final decision of Delhi High Cot in case of PD. Makkar Vs. Union of India got reversed, then consequential benefits will be refunded by the applicant. A number of caselaws relied upon by the applicants were also of the period of pendency of the case of Shri K.G. Menon and others and Writ Petition No. 1342/1979 fled by Shri K.G. Menon and others came to be dismissed finally on 21.07.2014, 4th). The clarification issued by the DOPT mentioned in para 3(g) above is very relevant-on this issue.
44). From the above analysis of the case, itis clear that the applicants in these GAs have not been able to point out any justification under the relevant applicable rules in favour of their demand for grant of Sr. Time Seale of pay of Indian Defence Accounts Service from the time of beginning of their promotion as Assistant Controller of Defence Accounts in In Time Scale.
Consequently, we do not find any merit in the OAs and they ' 36 OA S34, S820 & FIP ZOIS deserve dismissal with cost However, we are restraining ourselves from imposing cost on them in view of their retirement many years back.
The OAs are dismissed. No casts.
* Cx \ (Dr. BhagWat Sahdi) id ustice 2M 1G. Sewlikar) Member (A) Member (J).