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Kerala High Court

The Deputy Director General vs Padma M Pillai on 15 March, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
                       OP (CAT) NO. 307 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 16.03.2017 IN OA NO.667 OF 2014
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S/RESPONDENTS:

    1        THE DEPUTY DIRECTOR GENERAL, DOORDARSHAN KENDRA
             THIRUVANANTHAPURAM - 695 043.
    2        THE DIRECTOR GENERAL
             DOORDARSHAN, DOORDARSHAN BHAVAN, COPERNICUS MARG, NEW
             DELHI - 110 001.
    3        UNION OF INDIA
             REPRESENTED BY THE SECRETARY, MINISTRY OF INFORMATION
             AND BROADCASTING, SASTHRI BHAVAN, NEW DELHI - 110 001.
    4        THE PAY AND ACCOUNTS OFFICER
             DOORDARSHAN KENDRA, SWAMI SIVANANDA SALAI, CHENNAI -
             600 005.
    5        THE DIRECTOR GENERAL
             ALL INDIA RADIO, AKASHVANI BHAVAN I, PARLIAMENT STEET,
             NEW DELHI - 110 001.
             BY ADV SRI.T.VINU, CGC


RESPONDENT/S/APPLICANT:

             V. SEKHARAN
             PRIVATE SECRETARY (RETIRED), DOORDARSHAN KENDRA,
             THIRUVANANTHAPURAM RESIDING AT PRASANTHAM, KEDAKULAM,
             ELAKAMOM P.O., VARKALA, THIRUVANANTHAPURAM - 695 310.
             BY ADV SRI.S.VISHNU


     THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 15.03.2024, ALONG
WITH OP (CAT).314/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (CAT) Nos.307/2017 AND 314/2017
                                     2



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
                     OP (CAT) NO. 314 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 16.03.2017 IN OA NO.707 OF
2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S/RESPONDENTS:

     1      THE DEPUTY DIRECTOR GENERAL
            DOORDARSHAN KENDRA, THIRUVANANTHAPURAM-695043.
     2      THE DIRECTOR GENERAL DOORDARSHAN
            DOORDARSHAN BHAVAN, COPERNICUS MARG, NEW DELHI-
            110001.
     3      THE DIRECTOR GENERAL ALL INDIA RADIO
            AKASHVANI BHAVAN, PARLIAMENT STREET, NEW DELHI-
            110001.
     4      UNION OF INDIA
            REPRESENTED BY THE SECRETARY, MINISTRY OF
            INFORMATION AND BROADCASTING, SASTHRI BHAVAN, NEW
            DELHI-110001.
     5      THE PAY AND ACCOUNTS OFFICER DOORDARSHAN KENDRA
            SWAMI SIVANANDA SALAI, CHENNAI-600005.
            SRI.T.V.VINU, CGC


RESPONDENT/S/APPLICANT:

            PADMA M PILLAI
            STENOGRAPHER GRADE I (RETIRED), DOORDARSHAN
            KENDRA, THIRUVANANTHAPURAM-695043, RESIDING AT
            KARTHIKA, HOUSE NO.9, YAMUNA COLONY,
            KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-695043.
            BY ADV SRI.S.VISHNU
 OP (CAT) Nos.307/2017 AND 314/2017
                                     3

      THIS   OP   (CAT)    HAVING        BEEN   FINALLY   HEARD   ON   U
15.03.2024, ALONG WITH OP (CAT).307/2017, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 OP (CAT) Nos.307/2017 AND 314/2017
                                     4

                      JUDGMENT

Dated this the 15th day of March, 2024 [OP (CAT) Nos.307/2017, 314/2017] The petitioners in these original petitions are aggrieved by the order dated 16.03.2017 in O.A.Nos.667 and 707 of 2014 on the files of the Central Administrative Tribunal, Ernakulam. In both matters the respondents - applicants approached the Tribunal, consequent upon re-fixation of the last pay after the retirement and recovery ordered from the respondents by re-fixing the pay from 1979 onwards. Consequent to that, certain amount had been withheld from the gratuity amount due to them. The Tribunal did not go into the inter-se-merit with regard to the re-fixation of pay. The Tribunal noting that the account officer has no right to re-fix the pay in defiance of the decision taken by the cadre controlling authority, allowed the challenge made by the applicants. It is to be noted that the grievance were addressed to the higher authority and higher authority found in favour of the applicants.

We are not agreeing with the order of the Central Administrative Tribunal. The pay and accounts officer has the authority to point out, if there is any mistake or error etc., in pay fixation. Their duty itself is to to look at such mistake and error in OP (CAT) Nos.307/2017 AND 314/2017 5 pay fixation and point it to the authorities concerned. Therefore, we are of a view that the Tribunal was not justified in observing so. We are looking into the matter in a different manner. The re-fixation is ordered from 1979 onwards and it was put to effect in the year 2014.

Nobody has a case that there is any foul play on the part of the respondents - government servants.

In such circumstances, we are of the view that the recovery effected from the respondents is illegal and unsustainable. However, we allow the petitioners to re-fix the pay as they decided in Annexure- A26. Accordingly, the impugned order is interfered to the extent as above. If there is any withheld amount, it shall be released by petitioners to the respondents, within a period of two months along with 6% interest. The Original Petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SHOBA ANNAMMA EAPEN JUDGE RK OP (CAT) Nos.307/2017 AND 314/2017 6 APPENDIX OF OP (CAT) 307/2017 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE COMMUNICATION NO.27(2) (S)2013-DKT/83009 DATED 6.9.2013 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A2 TRUE COPY OF THE COMMUNICATION NO.1(5)/A1/DKT DATED 27.11.2013 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A3 TRUE COPY OF THE COMMUNICATION NO.1(S)/2011 A1 DKT DATED 19.12.2013 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A4 TRUE COPY OF THE ORDER NO.1(5)/2011- A1/DKT DATED 28.11.2011 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A5 TRUE COPY OF THE OM NO.18/44/88-ESTT (PAY)1 DATED 7.12.2009 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING ANNEXURE A6 TRUE COPY OF THE OM NO.1/1/2010-ESTT (PAY-1) DATED 6.12.2012 ISSUED BY THE DEPARTMENT OF PERSONNEL & TRAINING. ANNEXURE A7 TRUE COPY OF THE ORDER NO.21(STENO) ADV.INC/2010/1260 TO 64 DATED 8.4.2013 ISSUED BY THE NEWS SERVICES DIVISION, ALL INDIA RADIO, NEW DELHI.

ANNEXURE A8            TRUE COPY OF THE PAY FIXATION DONE IN
                       THE    CASE    OF    SHRI    S.A.LATHEEF,

STENOGRAPHER GRADE I, ALL INDIA RADO, THIRUVANANTHAPURAM.

ANNEXURE A9 TRUE COPY OF THE ORDER NO.CESZ/10(2)/2011-ESTT DATED 28.7.2011 ISSUED BY THE ADDL. DIRECTOR GENERAL (E)(SZ) CHENNAI.

ANNEXURE A10 TRUE COPY OF ORDER NO.NSD-

21(STENO)ADV.INC/2010 DATED 18.8.2011 ISSUED BY THE NEWS SERVICES DIVISION, AIR NEW DELHI.

ANNEXURE A11 TRUE COPY OF ORDER NO.10(2)2011-S DATED 19.7.2011 ISSUED BY THE ADMINISTRATIVE OFFICER, AIR, THIRUVANANTHAPURAM.

OP (CAT) Nos.307/2017 AND 314/2017 7

ANNEXURE A12 TRUE COPY OF LETTER NO.2/12/2011/S-VI/411 DATED 23.7.2013 ISSUED BY THE DY.DIRECTOR ADMN. AIR. ANNEXURE A13 TRUE COPY OF ORDER NO.2/26/2009 SVI DATED 5.8.2010 ISSUED BY THE DEPUTY DIRECTOR OF ADMN. FOR DG, AIR.

ANNEXURE A14 TRUE COPY OF ORDER NO.2/19/2004/SVI/371 DATED 15.7.2008 ISSUED BY THE DG, AIR. ANNEXURE A15 TRUE COPY OF THE REPRESENTATION DATED 3.1.2014 TO THE 5TH RESPONDENT. ANNEXURE A16 TRUE COPY OF THE REPRESENTATION DATED 27.3.2014 TO THE 5TH RESPONDENT. ANNEXURE A17 TRUE COPY OF THE REPRESENTATION DATED 4.4.2014 TO THE 5TH RESPONDENT. ANNEXURE A18 TRUE COPY OF THE REPRESENTATION DATED 4.4.2014 TO THE 3RD RESPONDENT. ANNEXURE A19 TRUE COPY OF THE REPRESENTATION DATED 9.7.2014 TO THE 1ST RESPONDENT. ANNEXURE A20 TRUE COPY OF LETTER NO.1(5)2013 A1/DKT DATED 6.11.2013 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A21 TRUE COPY OF COMMUNICATION NO.1(5)2011- A1/DKT/2499 DATED 5.4.2013 ISSUED BY THE DDK, TVM.

ANNEXURE A22 TRUE COPY OF COMMUNICATION NO.PAO/DDK/CHN/PEN/2013-14/773/2164 DATED 5.12.2013 ISSUED BY THE SENIOR ACCOUNTS OFFICER, DDK, CHENNAI. ANNEXURE A22(A) TRUE COPY OF COMMUNICATION NO.PAO/DDK/CHN/PEN/2013-14/1156/3576 DATED 26.2.2014 ISSUED BY THE SENIOR ACCOUNTS OFFICER, DDK, CHENNAI. ANNEXURE A23 TRUE COPY OF ORDER NO.2/12/2011/S-VI/110 DATED 26.3.2014 ISSUED BY THE DG, AIR.

ANNEXURE A24 TRUE COPY OF COMMUNICATION NO.F.NO.2/12/2011 SVI/195 DATED 28.5.2014 ISSUED BY THE DG,AIR. ANNEXURE A25 TRUE COPY OF ORDER NO.2/26/2009/S-VI/169 DATED 21.3.2014 ISSUED BY THE DG, AIR.

ANNEXURE A26 TRUE COPY OF THE ORDER NO.PAO OP (CAT) Nos.307/2017 AND 314/2017 8 1DD-CHN/PEN/2014-15/149/395 DATED 15.5.2014 ISSUED BY THE 4TH RESPONDENT. ANNEXURE A26(A) TRUE COPY OF ORDER NO.1(5)(3)/2013-A1/DKT DATED 11.3.2014 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A26(B) TRUE COPY OF THE PENSION PAPERS FIXED BASED UPON ANNEXURE A26(A).

ANNEXURE 27 TRUE COPY OF THE ORDER NO.906/16/2014- GRC DATED 7/2014 ISSUED BY THE 2ND RESPONDENT.

ANNEXURE R1 TRUE COPY OF THE ORDER DATED 14.8.1989. ANNEXURE R2 TRUE EXTRACT OF THE SERVICE BOOK OF THE APPLICANT.

ANNEXURE R3 TRUE EXTRACT OF THE SERVICE BOOK OF THE APPLICANT.

ANNEXURE R4 TRUE EXTRACT OF THE SERVICE BOOK OF THE APPLICANT.

ANNEXURE R5 TRUE EXTRACT OF THE SERVICE BOOK OF THE APPLICANT.

ANNEXURE R6 TRUE COPY OF MACP CLARIFICATION BY DOP & T IN FAQ(S.NO.27)III & IV 132 & 133. ANNEXURE R7 TRUE COPY OF AIR CIRCULAR NO.F.NO.2/12/2011-S.IV/680 DATED 5.9.2019.

ANNEXURE R8 TRUE COPY OF LETTER DATED 5.12.2013 OF THE 4TH RESPONDENT.

ANNEXURE R9 TRUE COPY OF THE LETTER OF MINISTRY OF INFORMATION AND BROADCASTING NO.2601513/2014/BA-P DATED 19.8.2014. ANNEXURE R10 TRUE COPY OF THE LETTER NO.MISC-

1/1/330/2012-PPC(PT)DATED 28.8.2014. ANNEXURE R11 TRUE COPY OF MACP ORDER PARA 25 OF ANNEXURE.

ANNEXURE R12 TRUE COPY OF CASE LAW OF SWAMY'S NEWS (09/2014)S.NO.105.

ANNEXURE R13 TRUE COPY OF LETTER DATED 17.4.2014. ANNEXURE R14 TRUE COPY OF LETTER DATED 15.5.2014. ANNEXURE R15 TRUE COPY OF LETTER DATED 4.2.2014. ANNEXURE R16 TRUE COPY OF LETTER DATED 26.2.2014. ANNEXURE R17 TRUE COPY OF LETTER DATED 16.7.2014.

EXHIBIT P1             TRUE COPY OF THE OA NO. 180/00667/2014
 OP (CAT) Nos.307/2017 AND 314/2017
                                     9

                       DATED    19.08.2014    FILED    BY    THE

RESPONDENTS BEFORE THE CAT, ERNAKULAM BENCH.

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 24.11.2014 FILED BY THE PETITIONERS EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT DATED OCTOBER 2014, FILED BY THE 4TH PETITIONER 156 TO 160.

EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY AFFIDAVIT DATED 01.02.2016 FILED BY THE PETITIONERS.

EXHIBIT P5 TRUE COPY OF THE ORDER IN OA NO.

180/00667/2014 DATED 16.03.2017 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

OP (CAT) Nos.307/2017 AND 314/2017 10

APPENDIX OF OP (CAT) 314/2017 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER NO.1(5)/2011-A1- DKT DATED 15/01/2014 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A2 TRUE COPY OF COMMUNICATION NO.27(2) (1)2017-A1/DKT/4265 DATED 17/01/2014 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A3 TRUE COPY OF COMMUNICATION NO.1(5) (3)2013-A1/DKT DATED 18/03/2014 ISSUED BY THE 1ST RESPONDENTS.

ANNEXURE A4 TRUE COPY OF THE ORDER NO.1(5)(3) 2011- A1/DKT DATED 02/09/2013 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A5 TRUE COPY OF THE ORDER NO.1(5)2011-A1/DKT DATED 28/11/2011 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A5(A) TRUE COPY OF THE ORDER NO.1(5)2011-A1/DKT DATED 13/12/2012 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A6 TRUE COPY OF THE OM NO.1/1/2010- ESTT(PAY-I) DATED 07/12/2009 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING.

ANNEXURE A7 TRUE COPY OF THE OM NO.1/1/2010- ESTT(PAY-I) DATED 06/12/2009 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING.

ANNEXURE A8 TRUE COPY OF THE ORDER NO.21 (STENO) ADV. INC/2010/1260 TO 64 DATED 08/04/2013 ISSUED BY THE NEWS SERVICES DIVISION, ALL INDIA RADIO, NEW DELHI.

ANNEXURE A9        TRUE COPY OF THE PAY FIXATION DONE IN
                   THE   CASE   OF   SHRI     S.A.    LATHEEF,

STENOGRAPHER GRADE I, ALL INDIA RADIO, TVM.

ANNEXURE A10 TRUE COPY OF THE ORDER NO.CESZ/10(2)/2011-ESTT. DATED 28/07/2011 ISSUED BY THE ADDITIONAL DIRECTOR GENERAL (E) (SZ).

ANNEXURE A11 TRUE COPY OF THE ORDER NO.NSD-21 OP (CAT) Nos.307/2017 AND 314/2017 11 (STENO) ADV. INC/2010 DATED 18/08/2011 ISSUED BY THE NEWS SERVICES DIVISION, ALL INDIA RADIO, NEW DELHI.

ANNEXURE A12 TRUE COPY OF THE ORDER NO.10(2) 2012-S DATED 15/11/2013 ISSUED BY THE ADMINISTRATIVE OFFICER, AIR, TVM. ANNEXURE A13 TRUE COPY OF THE ORDER NO.2/12/2011/S-

VI/411 DATED 23/07/2013 ISSUED BY THE 3RD RESPONDENT.

ANNEXURE A14 TRUE COPY OF CLARIFICATION NO.2/12/2077/S-VI/110 DATED 26/03/2014 ISSUED BY THE 3RD RESPONDENT.

ANNEXURE A15 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN FAVOUR OF SHRI S. ALATHEEF, STENOGRAPHER GRADE-I. ANNEXURE A16 TRUE COPY OF THE REPRESENTATION DATED 04/04/2013 TO THE DIRECTOR GENERAL (NEWS), NEWS SERVICES DIVISION, AIR. ANNEXURE A17 TRUE COPY OF THE REPRESENTATION DATED 29/05/2014 TO THE CHIEF EXECUTIVE OFFICER, PRASARBHARATHI, NEW DELHI. ANNEXURE A18 TRUE COPY OF THE COMMUNICATION NO.F.NO.28/11/2012-S-II(A)/757 DATED 12/06/2014 ISSUED BY THE DIRECTOR GENERAL, DOORADARSHAN, NEW DELHI. ANNEXURE A19 TRUE COPY OF THE COMMUNICATION NO.1(5)2013-A1/DKT DATED 06/11/2013 ISSUED BY THE 1ST RESPONDENT.

ANNEXURE A20           TRUE      COPY       OF         COMMUNICATION
                       NO.F.NO.2/12/2011         SVI/195       DATED
                       28/05/2014     ISSUED       BY     THE    3RD
                       RESPONDENT.
ANNEXURE A21           TRUE   COPY     OF    THE       COMMUNICATION

NO.21(STENO) ADV. INC/2010/8629 DATED 08/07/2014 ISSUED BY THE DIRECTOR GENERAL (NEWS) NEWS SERVICES DIVISION, AIR.

ANNEXURE A22           TRUE   COPY     OF    THE       COMMUNICATION
                       NO.PAO/DD-CHN/PEN/201-15/302/803        DATED
                       17/06/2014     ISSUED       BY     THE    5TH
                       RESPONDENT.
ANNEXURE R1            A COPY OF THE ORDER.
 OP (CAT) Nos.307/2017 AND 314/2017
                                     12

ANNEXURE R2            TRUE COPY OF THE RELEVANT EXTRACT FROM

THE SERVICE BOOK OF THE APPLICANT. ANNEXURE R3 TRUE COPY OF RELEVANT EXTRACT FROM THE SERVICE BOOK OF THE APPLICANT.

ANNEXURE R4 TRUE COPY OF MACP CLARIFICATIONS BY DOP & T IN FQ (S.NO.27) III & IV.

ANNEXURE R5 TRUE COPY OF CIRCULAR NO.F.NO.2/12/2011 S.VI/680 DATED 05/09/2012.

ANNEXURE R6 TRUE COPY OF LETTER DATED 05/12/2013 ISSUED BY RESPONDENT NO.5.

ANNEXURE R7 TRUE COPY OF FILE NO.A-2601513/2014/BA-

P DATED 19/08/2014.

ANNEXURE R8 TRUE COPY OF LETTER NO.2/12/2011/S.VI/110 DATED 26/03/2014. ANNEXURE R9 TRUE COPY OF LETTER NO.27(2)(1)/2014- AI/DKT/2832 DATED 18/03/2014. ANNEXURE R10 TRUE COPY OF CALCULATION SHEET OF PENSION.

EXHIBIT P1             TRUE COPY OF THE OA NO.180/00707/2014
                       DATED    24-08-2014    FILED   BY    THE
                       RESPONDENTS.
EXHIBIT P2             TRUE COPY OF THE REPLY STATEMENT DATED

07-01-2015, FILED BY THE PETITIONERS. EXHIBIT P3 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 22-02-2016, FILED BY THE PETITIONERS.

EXHIBIT P4 TRUE COPY OF THE ORDER IN O.A.NO.180/00707/2014 DATED 16-03-2017 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.