Central Administrative Tribunal - Ernakulam
Annamma Jose vs Union Of India on 5 July, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
Original Application No. 180/00034/2015
Tuesday, this the 5th day of June, 2016
CORAM:
Hon'ble Mr. U. Sarathchandran, Judicial Member
Hon'ble Mr. E.K. Bharat Bhushan, Administrative Member
Annamma Jose, aged 61, W/o. Jose K. George,
Kuzhimannil House, Omalloor P.O., Panniyali,
Pathanamthitta District. .... Applicant
(By Advocate : Mr. V. Philip Mathew)
Versus
1. Union of India, represented by its Secretary,
Ministry of Information and Broadcasting,
Shastri Bhavan, Dr. Rajendra Prasad Road,
New Delhi - 110 001.
2. The Director General, Doordarshan, S-11 Section,
Doordarshan Bhavan, Copernicus Marg,
New Delhi - 110 001.
3. The Director General, Doordarshan, S-11 Section,
Doordarshan Bhavan, Copernicus Marg, New Delhi-110 001.
4. The Deputy Director (Engg.), Prasar Bharati,
Doordarshan Maintenance Centre, Adoor,
Pathanamthitta District.
5. The Station Director, Doordarshan Kendra (PGF),
PB No. 691, Port Blair - 744 102.
6. The Station Director, Prasar Bharathi (Broadcasting
Corporation of India), Directorate General, All India Radio,
Thiruvananthapuram - 695 014.
7. The Deputy Director (Engg.), Prasar Bharathi,
(Broadcasting Corporation of India), Doordarshan Kendra,
Thiruvananthapuram - 695 014.
8. The Pay & Accounts Officer, Ministry of Information &
Broadcasting, Doordarshan Kendra, Swami Sivananda Salai,
Chennai - 600 005. . . . . Respondents
(By Advocate : Mr. N. Anilkumar, Sr. PCGC [R])
This application having been heard on 20.06.2016, the Tribunal on
5.7.2016 delivered the following:
ORDER
Hon'ble Mr. U. Sarathchandran, Judicial Member -
The applicant joined service on 3.6.1976 as Lower Division Clerk (LDC) in All India Radio at Port Blair in Andamans. On 30.3.1988 she was promoted as UDC in the Doordarshan Kendra, Port Blair.While working as Upper Division Clerk (UDC) in the Doordarshan Kendra, Port Blair she was transferred to Doordarshan Maintenance Centre (DMC), Adoor. She was granted 2nd financial upgradation in the scale of pay of Rs. 5500-9000/- after completion of 24 years on 27.11.2000. After the implementation of the 6 th Central Pay Commission (CPC) her pay scale was revised to Rs. 9,300- 34,800/- in Pay Band-2 with Grade Pay of Rs. 4,200/- with effect from 1.1.2006. It is at that time she was transferred from Doordarshan Kendra, Port Blair to Doordarshan Maintenance Centre, Adoor in Kerala zone on 13.1.2006. As it was a request transfer, her transfer order was in the following manner:
'PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) DIRECTORATE GENERAL : DOORDARSHAN No. 9/16/2003-S-II(A)/1674, dated the 21st Nov., 2005.
ORDER Smt. Annamma Jose, UDC is transferred in the same capacity from Doordarshan Kendra (PGF), Port Blair (Tamil Nadu Zone) to Doordarshan Maintenance Centre, Adoor (Kerala Zone) along with post with immediate effect. The Post of UDC will remain shifted to DMC, Adoor till such time Smt. Jose is absorbed against any vacancy of LDC in Kerala Zone. She will be junior most LDC from the date of absorption in the Kerala Zone. She is not entitled for any TA/DA, joining time etc.
2. This issues with the approval of the competent authority.
Sd/-
(K.K. Saxena) Dy. Director (Admn.) 23389681'
2. Thereafter, a vacant post of LDC was shifted from Doordarshan Kendra, Trivandrum to DMC, Adoor. When the applicant was so posted against the said post of LDC vide Annexure A2 order the post of UDC was shifted back to Doordarshan Kendra, Port Blair. Annexure A2 reads:
'PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) DIRECTORATE GENERAL : DOORDARSHAN No. 9/10/2005-S-II(A)/414 Dated the 3rd April, 2006.
ORDER One vacant post of Lower Division Clerk is shifted from DDK, Thiruvananthapuram to DMC, Adoor for adjusting Smt. Annamma Jose against the shifted post with immediate effect.
2. One post of UDC shifted from Doordarshan Kendra (PGF), Port Blair to DMC, Adoor vide Directorate's order No. 9/16/2003-S-
II(A)/1673-77, dated 21.11.2005, is reverted back to Doordarshan (PGF), Port Blair simultaneously.
3. This issues with the approval of the competent authority.
Sd/-
(Suraj Bhan) Dy. Director (Admn.) 23097521'
3. According to the applicant she continued in the post of LDC at Adoor but at the same time she was enjoying the pay scale of UDC with the due financial upgradations granted to her. When the time approached for the 3 rd financial upgradation under the MACP a doubt arose whether she could be given 3rd MACP in view of her already enjoyed promotion of UDC while at Port Blair. Nevertheless respondent N. 3 vide Annexure A4 communication held that the applicant is eligible for 3 rd financial upgradation on completion of 30 years of service. Her pay was finally fixed vide Annexure A6 order as follows:
'No. DMC/ADR/8(2)/2012-S/394 27/04/2012 ORDER Sanction is hereby accorded by the Asstt. Director (Engg.), Doordarshan Maintenance Centre, Adoor for the grant of MACP scheme as per DOPT order No. 35034/3-Estt. (D)/2008, dated 19.05.09, as approved by ADG, (SR-II), AIR, Bangalore vide order No. Ban/ADG/29(2)2011/MACP dated 12.04.2012 the pay of Smt. Annamma Jose, LDC, DMC, Adoor is fixed as follows 1 Pay in the lower post as on 01/07/2008 Rs. 13,370/- GP 4,200/-
PB 2-9,300-34,800/-
Grade Pay - 4,200/-
2 Date of 3rd upgradation under 01/09/08
MACP Scheme
3 Pay Band and Grade Pay after 3rd PB 2-9,300-34,800/--
up gradation w.e.f. 01-09-2008 Grade Pay - 4,600/-
4 Pay after upgradation w.e.f. Rs. 13,900/-+GP 4,600/-
01/09/2008 after granting one increment 5 Pay as on 01-07-2009 Rs. 14,460/-+GP 4,600/-
Pay as on 01-07-2010 Rs. 15,040/-+GP 4,600/-
Pay as on 01-07-2011 Rs. 15,630/-+GP 4,600/-
5 Date of next increment 01/07/2012 Rs. 16,240/-GP-4,600/- This Pay fixation is subject to post audition and in the light of audit observations, over payment if any shall be recovered in lump sum without any notice.
Sd/-
(T.J. Joseph) Deputy Director (Engg.)'
4. It is at this juncture the applicant's pension papers were processed and sent to respondent No. 7. Respondent No. 7 rejected the pension papers on finding that the applicant was reverted as LDC on her request transfer and Grade Pay ought to have been fixed at the rate of Rs. 1,900/- in the Grade Pay of LDC. Respondent No. 7 directed respondent No. 4 to re-submit the revised pension papers. Thereafter the applicant sent several representations to the respondent authorities which did not receive any favourable action and finally her pension was fixed as Rs. 9,790/- based on the Grade Pay of Rs. 1,900/- and recovering Rs. 1,80,725/- from her DCRG alleging that she has received that sum as excess. The applicant had again sent representations Annexures A16 to A19 but no action was taken by the respondents. Hence, the applicant prays for:
'i. Direct the 7th respondent to re-fix the monthly pension of the applicant at the rate of Rs. 10,420/- in accordance with the Grade pay and pay scale mentioned in accordance with Annexure A7 pension paper.
ii. Direct the respondents to refund an amount of Rs. 1,80,725/- to the applicant which was recovered from the DCRG of the applicant.
iii. Declare that recovery of Rs. 1,80,725/- from the DCRG of the applicant is illegal and unjust.
iv. Declare that applicant is entitled to get the Grade pay and pay scale as calculated in Annexure A7 pension paper.
v. Direct 2nd respondent to pass appropriate orders on Annexures A11, A17, A18 and A19.
vi. Pass such other orders and directions as are deemed fit in the facts and circumstances of the case.'
5. Respondents resisted the OA by contending that the applicant on her transfer from Port Blair to Adoor DMC had given an undertaking that she would loose her seniority at the joining time at Kerala Zone and that she would be the junior most LDC. According to the respondents applicant's pension was fixed as per the existing norms and excess payment was recovered in a lawful manner. Respondents pray for rejecting the OA.
6. We have heard the learned counsel for the parties. Perused the record.
7. On going through the record it is seen that, in fact, the applicant was posted as LDC in Kerala with effect from 3 rd April, 2006. As her initial order of transfer permitted her to continue as UDC in the Kerala Zone till she was absorbed against any vacancy of LDC in Kerala Zone, she joined the Kerala Zone initially as UDC at DMC, Adoor. It appears that the fact that she has become the junior most LDC on shifting a post of LDC from Trivandrum to Adoor has been lost sight of by the authorities and the applicant continued receiving Grade Pay and other financial benefits as if she was a UDC. It further appears that this fact came to the notice of the authorities only when her pension papers were sent for fixation of pension. The pension sanctioning authority seems to have recovered excess amount received by her towards salary and emoluments and had adjusted the same with the DCRG payable to her.
8. The legal grievance of the applicant is that the respondents authorities have reduced her pension from what has been estimated at the time of preparing Annexure A7 pension papers and recovered the alleged excess amounts from the DCRG without giving her an opportunity to be heard.
9. We think that the respondents unilaterally decided to recover the excess amount from applicant's DCRG and to reduce than what was proposed pension in the Annexure A7 pension papers sent by respondent No. 4, the applicant ought to have been given an opportunity to state her contentions. According to applicant natural justice has not been complied with in her case. It further appears that all her representations, Annexures A11, A17, A18 and A19, went unheeded to and no action was taken on them. Therefore we direct respondent No. 2 to consider Annexures A11, A17, A18 and A19 representations of the applicant and to provide reasonable opportunity to the applicant for being heard, including a personal hearing, if she so desires so, before taking a decision on the aforesaid representations. Respondent No. 2 shall complete this exercise within three months from the date of receipt of a copy of this order.
10. The Original Application is disposed of with the above directions. No order as to costs.
(E.K. BHARAT BHUSHAN) (U. SARATHCHANDRAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER 'SA'