Central Administrative Tribunal - Ahmedabad
Bipinchandra Parmar Ors vs Indian Space Research Orgranisation on 22 January, 2019
CENTRAL ADMINISTRATIVE TRIBUNAL
AHMEDABAD BENCH, AHMEDABAD.
OA No.22/2019 with MA No.25/2019
This the 22nd day of January, 2019
Coram : Hon'ble Ms. Archana Nigam, Administrative Member
Hon'ble Shri M.C.Verma, Judicial Member
1. Bipinchandra Parmar
S/o. Shri Bhikabhai S. Parmar
Age - 48 years, Senior Project Assistant, SAC
Residing at Room No. 4008, Block No. 624,
New Bapunagar, Ahmedabad. 380 02.
2. Dhiraj Savajibhai Parmar
S/o. Shri Savajibhai B. Parmar
Age - 52 years, Senior Project Assistant, SAC
Residing at No. 39/465, Abhinav Apartment,
Saijpur Bogha, Ahmedabad 382345.
3. Hitesh Murlidhar Sharma
S/o. Shri Murlidhar Sharma
Age - 53 years, Senior Project Assistant, SAC
Residing at No.C-02/05, Dos Housing Colony
Vastrapur, Ahmedabad 380 015.
4. Ashok Pasi
S/o. Shri Rajaram Pasi
Age - 49 years, Senior Project Assistant,
Residing at No.47, Anandbhuvan Soc.
Abadnagar, Bopal, Ahmedabad 380 058.
5. Manubhai Ganpatbhai Parmar
S/o. Shri Ganpatbhai Parmar
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Age - 59 years, Senior Project Assistant (Rtd.), SAC
Residing at No.28/216, Kalapinagar
Asarva, Ahmedabad 380 016.
6. Raju Ishwerlal Amin
S/o. Shri Ishwerlal K. Vaghela
Age - 51 years, Senior Project Assistant , SAC
Residing at No.B/504, Srikrishna Tower
Krishnagar, Ahmedabad 382 345.
7. Mrs. M.S.Pillai
W/o. Shri N.S. Pillai
Age - 59 years, Personal Secretary, SAC
Residing at 1, Gaurish Apartment, Near Lad Society
Vastrapur, Ahmedabad 380 015.
8. Mrs. Saraswathy Gopinath
Wife of P. Gopinathan
Age - 59 years, Personal Secretary,
Residing at No.20, Narayan Park - II, Opp. India Colony
Bopal, Ahmedabad 58.
9. B. Sampathkumar
Son of Late P.S. Balagurusamy
Age - 55 years, Personal Secretary
D-3/13, Vikramnagar, ISRO Quarters
Bopal Road, Ahmedabad 380 058.
10. G. Eugene Chirstopher
S/o. A. Gnanadickam
Age 54 years, Personal Secretary
Vastrapur, ISRO quarter, Ahmedabad 380 015.
11. Paresh Laxmanbhai Prajapati
S/o. Shri Laxmanbhai Prajapati
Age - 51 years, Project Personal Secretary SAC
Residing at No.253, Haripura, Asarva
Ahmedabad 380 016.
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12. P. Venkat Ramana
S/o. Shri P. Veerraju
Age - 52 years, Project Personal Secretary SAC
Residing at No.B/34, Vaibhav Flat,
Bhavya Park, Bopal, Ahmedabad 380 058.
13. M. Kanaka Raj
S/o. Saurajulunaidu Mohasdoss
Age - 54 years, Project Personal Secretary
Residing at No.D-8/08, Vikramnagar ISRO Colony
Amli-Bopal Road, Ahmedabad 380 058.
14. Geetha S. Nair
W/o. Shri Vinaykumar Nair
Age - 53 years, Project Personal Secretary
Residing at No.8, Shubh Residency, Nr.DPS, B/h. GEB,
Bopal, Ahmedabad 380 058.
15. Sunil Matai
S/o. Shri Lachhmandas Mati
Age - 43 years, Senior Personal Secretary, SAC
Residing at No.9-A, Karnavati Bungalow,
Ner Avas Park, Opp. Kotarpur Water Works
Noble Nagar, Ahmedabad 382 340.
Applicant Nos.1 to 6 are working as Sr. Project Assistant
Applicant Nos. 7 to 10 are working as Personal Secretary
Applicant Nos. 11 to 14 are working as Project Personal Secretary
Applicant Nos. 15 is working as Senior Personal Secretary
All are working under :
The Director,
Space Applications Centre (SAC)
Department of Space, Govt. of India
Jodhpur Tekra, Satellite,
Ahmedabad 380 015. .............................. Applicant.
( By Advocate : Shri A.L.Sharma )
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VERSUS
1. The Union of India
(To be represented through its
The Secretary to the Govt. of India
Department of Space, Govt. of India
Antariksh Bhavan
New BEL Road, Bangalore 560 231.)
2. The Director,
Space Applications Centre (SAC)
Department of Space, Govt. of India
Jodhpur Tekra, Satellite,
Ahmedabad 380 015.
3. Indian Space Research Organisation
(To be represented by its
Chairman,
Antariksh Bhavan
New BEL Road, Bangalore 560 231.)
4. Secretary
Department of Personnel and Training
North Block, Central Secretariat,
New Delhi - 110 001................................ Respondents.
O R D E R - ORAL
Per : Hon'ble Shri M.C.Verma, Member (J)
Heard This OA has been preferred by the fifteen applicants, with MA No.25/2019 for Joint Application. Office Memorandum dated 22.6.2010 (Annexure A-1), which provides Pay Fixation under Rule 13 of CCS (RP) Rules 2008, on grant of -5- OA/22/2019 CAT, Ahmedabad Bench Non-Functional Grade Pay of Rs. 5400/- on completion of four years on or after 01.1.2010 in respect of categories of Section Officer, Private Secretary, Senior Project Assistant & Project Personal Secretary in DOS Secretarial and ISRO has been impugned in the OA. Additional information dated 08.8.2016 (Annexure A-2), supplied under RTI Act, 2005 to the applicant No.1 and Order dated 09.4.2018 rejecting request of further upgradation in Rs.6600/- Grade Pay on the ground that he has already been granted three promotions have also been impugned.
2. Learned counsel has submitted that applicants are either working as Section Officer or Private Secretary and that impugned order is affecting all the applicants and hence, MA for joint application is filed. He further submits that applicants on the basis of OM dated 22.6.2010 (Annexure A-1) have been denied benefits of 3rd MACP. That applicants were permitted to the NFSG Grade of Rs.5400 in PB-3, and that they can not be -6- OA/22/2019 CAT, Ahmedabad Bench considered as upgradation in the service carrier. He placed reliance upon judgment dated 20.12.2017 passed by Hon'ble High Court of Delhi in WP (C) No.9357/2016, in case titled Hari Ram & Anr. v/s. Registrar General, Delhi High Court as well on the Judgment, dated 02.9.2016, passed by Hon'ble High Court of Karnataka in Writ Petition No.32501/2016 (S-CAT), in case titled Union of India & Ors. v/s. Shri A. Shivakumar. Reliance has also been placed on Order, dated 22.7.2013 passed by Madras Bench of Central Administrative Tribunal, in OA No.280/2012 and it was added that this Order of OA was challenged before Hon'ble High Court of Judicature at Madras by the respondents, in W.P. No.11535/2014, and vide Order dated 16.10.2014, Order of the Tribunal was confirmed. Furthermore, said Order dated 16.10.2014 of Hon'ble High Court of Madras was challenged by the respondents before -7- OA/22/2019 CAT, Ahmedabad Bench Hon'ble Supreme Court, in SLP No.15396/2015 and said SLP vide Order dated 31.8.2015 was dismissed.
3. Considered the submissions. The MACP Scheme was introduced on 19.5.2009 and para 8.1. of said Scheme, copy of which is Annexure A-1 specify as under: "Consequent upon the implementation of Sixth CPC's recommendations, grade pay of Rs.5400 is now in two pay bands viz, PB-2 and PB-3. The grade pay of Rs.5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradation under MACP Scheme. "
4. Whether Non Functional Grade Pay of Rs.8000-13000 (Revised to GP of Rs.5400/- in PB-3) would be viewed as first financial upgradation for the purpose of MACP is an issue and if we read Clause 8.1, as quoted above, the answer is categorically 'YES'. Neither virus of this Clause 8.1 of MACP Scheme dated 19.5.2009 has been challenged in instant OA nor any assertion is -8- OA/22/2019 CAT, Ahmedabad Bench in the pleadings assailing said clause is there. As long said Clause 8.1 remains in existence, the relief, as has been prayed for, cannot be granted. Further the pleadings are also silent about factual details of service carriers of applicants, barring of applicant No.1, as to when they were appointed and as and when they were promoted, what is length of their service period and when they were given Non Functional Grade Pay of Rs.5400/- etc. etc.. One of the reliefs claimed pertains to information supplied under R.T.I Act, 2005. In view of above said infirmities in pleadings, the OA, in its present form is not maintainable and deserves to be dismissed. Accordingly, the OA is dismissed. MA for Joint Application also stands disposed off.
(M.C.Verma) (Archana Nigam)
Member (J) Member (A)
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