Central Administrative Tribunal - Jaipur
Shiv Kumar Sharma (Retd. Ips) S/O Shri ... vs Union Of India Through Its Home ... on 11 May, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATION NO. 526/2010
DATE OF ORDER: 11.05.2012
CORAM
HONBLE MR. JUSTICE K.S. RATHORE, JUDICIAL MEMBER
HONBLE MR. ANIL KUMAR, ADMINISTRATIVE MEMBER
Shiv Kumar Sharma (Retd. IPS) S/o Shri Narayan Prasad Sharma, aged about 69 years, R/o B-40, Subhash Nagar, Jaipur.
...Applicant
Mr. Rajendra Soni, advocate, along with
Mr. P.N. Jatti, counsel for applicant.
VERSUS
1. Union of India through its Home Secretary, Govt. of India, North Block, New Delhi.
2. State of Rajasthan through Chief Secretary, Govt. of Rajasthan, Government Secretariat, Jaipur.
3. Principal Secretary, Department of Personnel, Government of Rajasthan, Government Secretariat, Jaipur.
4. Principal Secretary, Home Department, Govt. of Rajasthan, Government Secretariat, Jaipur.
...Respondents
Mr. V.D. Sharma, counsel for respondents.
ORDER (ORAL)
The applicant has preferred the present Original Application claiming for the following reliefs: -
(i) By issuing an appropriate order or direction, the impugned order dated 25/1/2010 be quashed and set aside and the respondents be directed to give to the applicant the difference of pay from 31.3.99 to 29.11.2000 by treating the aforesaid period on duty as an IPS officer by deducting already paid amount as a retired RPS officer treating the retiral benefit of the aforesaid period as dies non and further to give all consequential benefits including revision of pay, gratuity, pensionary benefits by treating him to be selected as an IPS officer w.e.f. 31/3/94 with all consequential benefits by not reducing his pay at the time of promotion from RPS to IPS and give the amount of Rs. 7,33,505/- with interest @ 18% per annum w.e.f. 30.11.2000 (the date of his retirement).
(ii) By an appropriate order or direction, the respondents be further directed to give all consequential benefits to the applicant as an IPS officer treating him being promoted as IPS officer w.e.f. 31.3.94 with all consequential benefits.
(iii) Any other appropriate order which this Honble Tribunal may deems think fit and proper be passed in favour of the applicant.
(iv) Cost of the original application may also be awarded in favour of the applicant.
2. Brief facts of the case, as stated by the applicant, are that as the applicant was not promoted from the cadre of RPS to the cadre of IPS, he had filed OA No. 435/2000 before this Bench of the Tribunal, and while disposing of the said O.A. vide order dated 22.11.2000, this Bench of the Tribunal passed the following order: -
The OA is allowed. The applicant would be entitled for promotion to the IPS on the basis of select list for the year 1993-1994 from the date his junior has been promoted as such with all consequential benefits. The period from the date of superannuation from State Police Service to the appointment as IPS would be treated as Dies-Non for the purpose of retiral benefits. The Central Government is accordingly directed to issue appointment orders in favour of the applicant, and appoint him to the IPS, by 5.00 PM of 24.11.2000. No costs. The order dated 22.11.2000 passed by this Bench of the Tribunal in OA No. 435/2000 has been assailed by the State of Rajasthan by way of filing D.B. Civil Writ Petition (Def.) No 2627/2000 before the Honble Rajasthan High Court, Jaipur Bench, and the same has been dismissed by the Honble High Court vide order dated 29.11.2000 upholding the Tribunals order dated 22.11.2000, and observed as under: -
10. As a result of above discussion, the writ petition is dismissed. The impugned order of the learned Tribunal 22.11.2000 is upheld.
11. It is stated by the learned counsel for the petitioners that due to paucity of time, it is not possible to issue a formal notification in compliance of the aforesaid directions today. The petitioners are directed to immediately issue notification for compliance of the aforesaid directions by tomorrow i.e. 30.11.2000 and possibly by 1.00 P.M. upon being promoted to IPS Cadre, respondent No. 1 - appliant Shiv Kumar Sharma shall be entitled to all consequential benefits such as pay revision, pension, gratuity and all other benefit, which may be admissible to him in accordance with the Rules/Regulations. The applicant submitted that in compliance of the said order dated 29.11.2000 passed by the Honble Rajasthan High Court, the petitioner was reinstated in the morning of 30.11.2000 and superannuated on the same day in the evening of 30.11.2000 vide notification dated 30.11.2000 (Annex. A/4).
3. The applicant further submitted that controversy arose when the applicant was not given the pay of IPS Officer from 31.03.1999 to 29.11.2000 minus the pensionary benefits already paid to him by treating the aforesaid pensionary benefits as dies non and further revising the pay scale and other benefits by treating him to be in the selection list of 1993-94 as in IPS officer and revising the pay, commutation, gratuity, pension and other retirement benefits along with interest from the date of retirement as well as revised pay scale vide order dated 26.08.2003, and the applicant has challenged this order dated 26.08.2003 by way of filing OA No. 219/2004 before this Bench of the Tribunal. While disposing of the OA No. 219/2004, this Bench of the Tribunal vide order dated 05th August, 2009 directed the applicant to file specific representation before the respondents and observed as under: -
17. After perusal of record, we find that the applicant has not made a specific representation to the respondents. As such, the respondents have not passed any specific order on the grievance raised by the applicant through this OA. Therefore, having regard to the factual and legal position explained through this OA, the applicant is directed to make a self-contained representation, pointing out all the issues raised through this OA, to respondent No. 3 i.e. Secretary, Department of Personnel, Government of Rajasthan, Government Secretariat, Jaipur, within a period of one month from the date of this order and respondent No. 3 is directed to pass a reasoned and speaking order on the said representation, if filed within the stipulated period, after taking into account all the contentions to be raised by the applicant in the representation, factual and legal position mentioned in this order, The Indian Police Service (Pay) Rules, 1954, and various orders/circulars issued by the Government of India/DOPT from time to time, within a period of two months from the date of receipt of the representation made by the applicant. No order as to costs.
4. Pursuant to the direction issued by this Tribunal vide order dated 05th August, 2009 in OA No. 219/2004, the applicant filed representation on 02.09.2009 (Annex. A/7) before the Principal Secretary, Department of Personnel, Government of Rajasthan, Government Secretariat, Jaipur, and the said representation has been decided by the respondents vide impugned order dated 25th January, 2010 (Annex. A/1).
5. Aggrieved and dissatisfied with the impugned order dated 25th January, 2010 (Annex. A/1) passed by the respondents, the applicant preferred the present Original Application on the ground that the impugned order dated 25.01.2010 in so far as not giving consequential benefits of promotion to the applicant in IPS cadre are not tenable in the eye of law and not giving the pay of intervening period w.e.f. 30.03.1999 to 30.11.2000 with all consequential benefits and interest is totally illegal and arbitrary.
6. It is further submitted on behalf of the applicant that in view of the order dated 20.11.2000 passed by this Bench of the Tribunal in OA No. 435/2000 and order dated 29.11.2000 passed by the Honble Rajasthan High Court, Jaipur Bench in DB Civil Writ Petition (Def.) No. 2627/2000, the applicant is entitled for all consequential benefits including the pay of IPS officer w.e.f. 30.03.1999 to 30.11.2000. The applicant has also filed Contempt Petition No. 84/2001 before this Bench of the Tribunal, and this Bench of the Tribunal vide order dated 12.12.2003 observed that as the payment of consequential benefits has been disputed by the respondents and it requires interpretation of various rules and regulations, therefore, the same cannot be decided in the contempt petition being disputed question of facts and law, and the contempt petition was dismissed and notices were discharged.
7. By way of filing the present O.A., the applicant has prayed that the respondents be directed to give the difference of pay from 31.03.1999 to 29.11.2000 to the applicant by treating the aforesaid period on duty as an IPS Officer, and also give all consequential benefits including revision of pay, gratuity, pensionary benefits by treating him to be selected as an IPS officer w.e.f. 31.03.1994 and also claimed an amount of Rs. 7,33,505/- with interest @ 18% per annum w.e.f. 30.11.2000 i.e. the date of his retirement.
8. The respondents have strongly controverted the submissions made on behalf of the applicant. It is stated on behalf of the respondents that in compliance of the order passed by the Honble Tribunal, the representation of the applicant was duly considered and decided by a reasoned and speaking order dated 25.01.2010, and further submitted that the applicant has misinterpreted the order dated 22.11.2000 passed by this Bench of the Tribunal in OA No. 435/2000. The Tribunal in its order dated 22.11.2000 nowhere had given any direction about the fixation of pay of the applicant in the IPS cadre, and the Honble Rajasthan High Court in its order dated 29.11.2000 had only directed that the applicant shall be entitled to all consequential benefits such as pay revision, pension, gratuity and all other benefits, which may be admissible in accordance with the rules/regulations.
9. It is not disputed that the applicant had retired from the RPS cadre on 31.03.1999, and he was appointed to the IPS cadre vide Ministry of Home Affairs notification dated 30.11.2000. Thereafter, vide order dated 20.12.2001, Ministry of Home Affairs, the applicant was given deemed date of appointment to the IPS as 31.03.1994 and was assigned 1988 as his year of allotment. The applicant was getting the pay of Rs. 4200/- in RPS in the pay scale of Rs. 3700-5000 as on 31.03.1994 and based thereon, vide order dated 23.01.2002 (Annex. R/1), his pay in the senior scale of IPS of Rs. 3000-100-3500-125-4500 was fixed at Rs. 4250/- per month w.e.f. 31.03.1994 with his next date of increment as 01.03.1995 and his pay was accordingly fixed at Rs. 4375/- per month as on 01.03.1995.
10. After coming into force of the revised pay scale rules on the basis of recommendations of the 05th Pay Commission, the pay scale of Rs. 3000-4500 stood revised to Rs. 10000-325-15200 with effect from 01.01.1996 and accordingly vide aforesaid order dated 23.01.2002 (Annex. R/1) his pay in the said revised pay scale was fixed at Rs. 11950/- as on 01.01.1996 and thereafter the applicant was given the benefit of annual grade increments at Rs. 325/- per year w.e.f. 01.03.1996 with the result that his pay on the basis of the annual grade increments came to be fixed at Rs. 13250/- with effect from 01.03.1999.
11. It is not disputed that since the applicant had been appointed to the I.P.S. vide notification dated 30.11.2000, he became entitled to the pay at Rs. 13250/- on 30.11.2000. He was given the benefit of the deemed date of appointment of 31.03.1994 on the basis of his placement in the select list of 1993-94 only for the purpose of indicating his position and status as an appointee of the select list for that year and for computing completed years of service rendered by him in the RPS for the purpose of assigning year of allotment to him as indicated in the Ministry of Home Affairs order dated 20.12.2001.
12. The said deemed date of appointment was only a notional date of appointment and during the period from 31.03.1994 to 29.11.2000, he had not discharged any function and had not shouldered any responsibility as an IPS officer and as such the applicant is not entitled to the benefit of pay in the IPS w.e.f. 31.03.1994 but the same has been rightly granted from the date on which the notification dated 30.11.2000 appointing him to the IPS was issued. Since there is no provision in the IPS (Pay) Rules for grant of pay and allowances in the IPS prior to the issuance of the notification of appointment of IPS, as such the order dated 25.01.2010 passed on the representation of the applicant is perfectly legal and valid order.
13. It is further stated on behalf of the respondents that the respondents have not committed any error in granting the actual benefits of the IPS given to the applicant from the date of his assuming the said post, and the intervening period from the date of retirement from the Rajasthan Police Service to appointment on the post of IPS i.e. from 01.04.1999 to 11.09.2000 was rightly treated as dies non as per the order passed by the Tribunal.
14. We have heard the rival submissions made on behalf of the respective parties and carefully gone through the pleadings and material available on record as well as the relevant provision of law.
15. It is not disputed that the applicant had retired from RPS cadre on 31.03.1999 and he was appointed to the IPS cadre vide notification dated 30.11.2000 issued by the Ministry of Home Affairs, and vide order dated 20.12.2001 passed by the Ministry of Home Affairs, the applicant was given the deemed date of appointment to the IPS as 31.03.1994 and was assigned 1988 as his year of allotment. All the consequential benefits arising out of his appointment to the IPS have been given pursuant to the fixation of his pay in the IPS as per the provisions of the IPS (Pay) Rules. As regards the question of payment of pay and allowances for the intervening period, as claimed by the applicant, this was the benefit given to the applicant to have the continuity in the two limbs of his services rendered as an officer of the RPS and thereafter as an officer of the IPS and during which period, he was not holding any post in the RPS or the IPS and had not discharged the duties and functions and, therefore, the applicant is not entitled to the grant of pay during the intervening period as well as the consequential benefits as claimed by the applicant.
16. We are fully satisfied with the submissions made on behalf of the respondents that the fixation of pay and consequential benefits as admissible in accordance with the provision of law have been extended in favour of the applicant and the deemed date of appointment was only a notional date of appointment and during the period from 30.03.1999 to 29.11.2000, admittedly, the applicant has not discharged any function as an IPS officer, therefore, the claim of the applicant that the benefit of pay in the IPS cadre should be given w.e.f. 31.03.1999 has rightly been decided by the respondents in view of the settled preposition of law, and in view of the order dated 22.11.2000 passed by this Bench of the Tribunal in OA No. 435/2000 and also order dated 29.11.2000 passed by the Honble Rajasthan High Court, Jaipur Bench in D.B. Civil Writ Petition (Def.) No. 2627/2000. Therefore, the claim of the applicant that the applicant is entitled to the payment of Rs. 7,33,505/- with interest, is not tenable and upon careful perusal of the impugned speaking order dated 25th January, 2010 (Annex. A/1) passed by the respondents on the representation of the applicant in view of the directions issued by this Tribunal in OA No. 219/2004, we find no illegality in the impugned order dated 25th January 2010 (Annex. A/1) and as such the same requires no interference by this Tribunal.
17. Consequently, the Original Application being bereft of any merit; fails and is hereby dismissed with no order as to costs.
(ANIL KUMAR) (JUSTICE K.S. RATHORE) MEMBER (A) MEMBER (J) kumawat