Central Administrative Tribunal - Delhi
Shri Ashok Kumar vs The Secretary on 2 May, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH : NEW DELHI Original Application No.1559/2007 New Delhi, this the 2nd day of May, 2012 CORAM: Honble Shri M.L. Chauhan, Member (J) Honble Dr. Veena Chhotray, Member (A) 1. Shri Ashok Kumar, S/o Late Shri Attar Singh, R/O 47-C, D.L. Road, Dehradun 2. Shri Mahabir Singh Gosain, S/O Late Shri Bachan Singh Gosain, R/o 384, Indira Nagar Colony, Dehradun Both working as Demonstrators Under the Commandant Indian Military Academy, Dehradun ...Applicants (By Advocate: Shri B.S. Mainee with Ms Meeru Mainee) Versus 1. The Secretary, Ministry of Defence, South Block, New Delhi 2. The Director General Military Training, General staff Branch, Army Headquarters, DHQ, New Delhi 3. The Commandant, Indian Military Academy, Dehradun Respondents (By Advocate: Shri R.N. Singh) O R D E R
By Dr. Veena Chhotray:
Both the applicants are Demonstrators in the Army Cadet College, the Indian Military Academy under the Ministry of Defence. In pursuance of judicial directions they were extended benefits of the UGC pay scales (higher than the scale granted to the counterparts under the Central Government) at par with the teaching staff of the IMA. Admittedly, the applicants have been granted the UGC pay scales as below:
Rs. 500-900 w.e.f. 1.1.1983 Rs.1740-3000 w.e.f. 1.1.1986 (4th CPC) Rs.5500-9000 w.e.f. 1.1.1996 (5th CPC) The subsisting grievance of the applicants is that at the time of pay fixation in the scale of Rs.1740-3000/-, it has mistakenly been done at the minimum of the replacement scale.
2. The present OA is fourth in the series. It challenges the respondents order dated 29.12.2006 passed in pursuance of the directions vide the Tribunals order dated 24.7.2006 delivered in the OA 1232/2005. On re-examination, the respondents have reiterated about the exiting pay fixation having been done correctly:
It has been decided that applicants have rightly been extended the UGC pay scale wef 01.01.83, since the teaching faculty of IMA were also extended the UGC pay scale wef 01.01.93 only. The pay drawn by the Professors/Readers/Lecturers in the Central pay scale as on 31.12.1982 was taken as the base for fixation of their pay wef 01.01.1983 in the UGC pay scales. Similar anology has been applied in the case of applicant Demonstrators in accordance with the orders of the Honble Court, which placed them at par with teaching staff in the matter of fixation of pay.
3. By way of relief, the OA seeks quashing the impugned order along with the following directions:-
8.2 That this Honble Tribunal may be further pleased to direct the respondents to fix the pay of the applicants in the Revised scale of Rs.1740-3000 taking into consideration that they pay of the applicant has been fixed in the pre revised Scale of Rs.500-900 as on 01.01.86 which has been worked out by the respondents themselves i.e. Rs.675/- and Rs.700/- respectively in respect of the applicants and the pay of the applicants as on 01.01.86 in revised Pays Scale was worked out at Rs.1980/- and Rs.2040/- respectively. Additionally, directions for consequential benefits including interest @ 12% per annum from the date due have been prayed.
4. Since the earlier order of the Tribunal dated 15.9.2008 dismissing the OA was recalled vide the Tribunals order dated 30.03.2009 in the RA No.168/2008, the matter has been reheard and the material on record perused carefully.
5. Shri B.S. Mainee, the learned counsel for the applicants, would refer to the submissions in para 4.8 of the OA. This, inter alia, submits:
That the pay of applicants in UGC Pay Scale of Rs.500-900 in accordance with UGC Notification was Rs.675/- and Rs.700/- respectively as on 01.01.86 and therefore, the pay in UGC scale of Rs.1740-3000/Rs.5500-9000 was to be fixed on the basis of the pay fixed for the applicants in UGC Pay Scale of Rs.500-900 on 01.01.86. It is further averred:
The respondents have however, fixed the salary of the applicants in the revised scale at the minimum of the Pay Scale i.e. 1740/- with effect from 01.01.1986 and have denied the benefit of fixation of pay in the revised pay scale of Rs.1740-3000 on the basis of UGC Notification pay which they were drawing and entitled in pre revised scale. .. 5.1 The MoD letter dated 9.12.1998 has been referred which was in the context of the correspondence regarding grant of UGC pay scales to Demonstrators of IMA. It was clarified that, petitioners are entitled for UGC pay scales from 1.1.83 as existing then and the revised scale of Rs.1740-3000 w.e.f. 1.1.86 (Annex A/4).
5.2 The learned counsel, Shri Mainee, would also place reliance upon the MoDs Circular dated 2.4.1993 filed vide an affidavit dated 8.2.2011 in pursuance of the Tribunals directions. On the subject of extension of UGC pay scales to the civilian teaching staff inter alia of the IMA, the modus operandi for fixation of pay in the revised scale had been prescribed by this Circular. As per the learned counsel, the pay fixation done in the case of the applicants at the minimum of the replacement scale of Rs.1740-3000 was not in accordance with the formula prescribed for the teaching staff.
5.3 The applicants learned counsel would also submit that the proposal for pay fixation in the case of the applicants as submitted by the Commandant, Indian Military Academy (Respondent No.3) was a correct one. The error, however, crept in as the same could not be approved by the higher levels including the Ministry of Defence (Respondents No. 2 & 3). In this context, the proposal submitted vide the letter dated 13.1.1999 (Annex A/5) would be referred. As per this proposal by way of pay fixation in the replacement scale of Rs.1740-3000, amounts of Rs.1980/- and Rs.2040/- had been proposed respectively for the applicant no.1 and 2 respectively.
6. Shri R.N. Singh, the learned counsel for the respondents, would oppose the claims in the OA and reiterate the contentions made as per their counter reply.
6.1 The main stand of the respondents as reflected from their counter affidavit is that the pay of the teaching staff had also been fixed taking their pay scale in Central Government scales as on 31.12.1982. Hence, the applicants cannot be granted pay scale / fixation of pay from the date of their appointment which was 13.8.1977 and 15.12.1978 respectively (Para 5 Brief Facts).
6.2 It would also be the submission of the learned counsel that the pay fixations in this matter had been done by competent authorities and revised from time to time as per judicial directions. Hence, unless something contrary was proved in judicial review, it may not be appropriate for the Tribunal to go into the knitty gritty of pay fixation.
7. Having carefully considered the respective contentions and the material on record, the following aspects are found to be relevant.
7.1 As per the normal procedures, pay fixation in the replacement scale is not done at the minimum, disregarding the corresponding stage arrived at by an employee in the pre-revised scale. However, this is subject to the prescription as per relevant guidelines on the subject.
7.2 Even though, the dates of appointment of the applicants respectively were 13.8.1977 and 15.12.1978; the UGC pay scales to them were granted at par with the teaching staff of the IMA w.e.f. 1.1.83. The UGC scale first granted in case of the Demonstrators was Rs.500-900/-. As submitted by the respondents, while fixing the pay of the teaching staff, their pay in the Central Government pay scale as on 31.12.1982 had been taken into account. On the principles of parity, the same would also be applicable in the applicants cases. There is no averment before us of the pay fixation of the applicants not having been done correctly in the scale 500-900/- w.e.f. 1.1.1983.
7.3 The replacement scale of Rs.1740-3000 came into picture after the 4th CPC and was made effective from 1.1.1986. As per the MoD Circular dated 2.4.1993 the formula prescribed for fixation of pay of the teaching staff in the revised pay scales from 1.1.1986 prescribed the following:
The pay of teachers in Universities and Colleges may be fixed in the revised scales of pay in the following manner:-
An amount representing 20% of basic pay in the existing scale shall be added to the existing emoluments.
After the existing emoluments have been so increased, the pay shall be fixed in the revised scale at the stage next above the amount thus computed: Provided that :
(a) If the minimum of the revised scale is more than the amount so arrived at, the pay shall be fixed at the minimum of the revised scale;
(b) If the amount so arrived at is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale. Thus, the pay fixation was to be done taking into account the existing emoluments in the pre-revised scales with an addition of 20% of the basic pay and fixation at the next above stage in the revised scale. The pay was to be fixed at the minimum of the revised scale only if the same was higher than the amount so arrived at.
The Explanation to this formula had also defined the components of the existing emoluments as on 1.1.1986 inclusive of basic pay, dearness pay, additional DA etc and interim relief, if any. Even the factors that were to go in adding 20% to the existing emoluments had also been defined.
Since the grant of the benefit of the UGC pay scales to the non-teaching staff of the IMA, including the Demonstrators like the applicants, had been essentially on parity with the teaching staff, their pay fixation would also be as done in the matter of the teaching staff. Despite, repeated opportunities, there is no averment before us from the respondents about the pay fixation for the teaching staff of IMA not having been done as per the MoD circular dated 2.4.1993.
7.4 It is the contention of the applicants that on 1.1.1986 the fixation of their pay respectively was to be Rs.1980/- and Rs.2040/-. In this regard, they have also sought to rely upon the proposal submitted by the respondent no.3 (Annex. A/5). A careful perusal of the statement of fixation of pay enclosed along with this proposal shows a notional fixation respectively of the basic pay of Rs.675/- and Rs.700/- as on 1.1.1986. This is stated to be excluding any ad hoc increments on account of stagnation at the maximum of the existing scale. Further, the Explanatory Note, inter alia, states:
The existing emoluments have been worked out notionally by taking into account his services in the UGC pay scale with effect from the date of appointment 7.4.1 We do not find any details in support of the fixation of the basic pay of Rs.675/- on 1.1.1986. As made clear in the foregoing paragraphs, the pay fixation needs to take into account the pay being drawn by the applicants in the UGC scale of Rs.500-900 as on 1.1.1986 and then re-fixed taking into account the formula prescribed under the Circular 2.4.1993. In any case, it can be at the minimum of the revised pay scale only if covered by the contingency envisaged under para 2 (ii)(a) of the Annex II to the Circular dated 2.4.1993. The MoD circular of 9.12.1998 would not really affect the issue under contention since it had only clarified about the entitlement of the applicants for UGC pay scales from 1.1.1983. As is clear from the above analysis, this aspect is not really disputed.
8. To conclude, without assuming on ourselves what legitimately is the domain of the competent authority, we find the present pay fixation of the applicants at the minimum of the replacement scale of Rs.1740-3000 deserving reconsideration by the respondents. They are accordingly directed to pass a speaking order along with a detailed calculation statement, in accordance with the MoD Circular dated 2.4.1993. This is to be done within a period of three months from the date of receipt of a copy of this order. No costs.
(Dr. Veena Chhotray) (M.L. Chauhan)
Member (A) Member (J)
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