Gauhati High Court
Page No.# 1/16 vs Tarit Kumar Sinha on 19 November, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/16
GAHC010114492019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3533/2019
UNION OF INDIA AND 3 ORS.
REP. BY ITS SECRETARY, MINISTRY OF I AND B, SHASTRI BHAWAN, NEW
DELHI-110001
2: THE CONTROLLER OF DEFENCE ACCOUNTS
3: THE OFFICER COMMANDING
4: THE LOCAL AUDIT OFFICER (ARMY
VERSUS
TARIT KUMAR SINHA
VEHICLE MECHANIC, T/NO. 131, O/O OFFICER COMMANDING STATION
WORKSHOP (EME), DIST.-KAMRUP(M), NARENGI CANTT. GUWAHATI-
781171
Advocate for the Petitioner : MR. S C KEYAL
Advocate for the Respondent : MR. M CHANDA
Linked Case : WP(C)/2600/2016
UNION OF INDIA and 5 ORS
Address:REP. BY ITS SECY.
MINISTRY OF IandB
Page No.# 2/16
SHASTRI BHAWAN
NEW DELHI-1
2: PRASAR BHARTI BROADCASTING CORPORATION OF INDIA
Address:CIVIL CONSTRUCTION WINGS
AIR
6TH FLOOR
SOOCHNA BHAWAN
NEW DELHI-3
REP. BY DIRECTOR GENERAL
3: THE CHIEF ENGINEER CIVIL
Address:CIVIL CONSTRUCTION WING
AIR
6TH FLOOR
SOOCHNA BHAWAN
NEW DELHI-3
4: SUPERINTENDING SURVEYOR OF WORK
Address:PRASAR BHARTI BROADCASTING CORPORATION OF INDIA
CIVIL CONSTRUCTION WING
AIR
6TH FLOOR
SOOCHNA BHAWAN
NEW DELHI-3
5: SUPERINTENDING ENGINEER CIVIL
Address:PRASAR BHARTI INDIA'S PUBLIC SERVICE BROADCASTER
1ST FLOOR
DR. P. KAKOTI BUILDING
GANESHGURI CHARIALI
G.S. ROAD
GHY-6
ASSAM
6: SECRETARY
Address:MINISTRY OF PERSONNEL
PUBLIC GRIEVANCES and PENSIONS DEPTT. OF PERSONNEL AND
TRAINING
NORTH BLOCK
NEW DELHI-01
VERSUS
NILOTPAL BHATTACHARJEE and 24 ORS.
Address:S/O LT. N.K. BHATTACHARJEE
O/O THE A.E.C CCW AIR
AIR CAMPUS
Page No.# 3/16
CHANDMARI
GHY-3
ASSAM
2:DEBASISH KAR
Address:S/O LT. P.C. DAR
O/O THE A.E.C CCW AIR
AIR CAMPUS
CHANDMARI
GHY-3
ASSAM
3:PRASANTA KUMAR DATTA
Address:S/O LT. ASHOKE KOLI DATTA
O/O THE A.E.C CCW AIR
AIR CAMPUS
CHANDMARI
GHY-3
ASSAM
4:J.N. SARMA
Address:S/O LT. DEBANANDA SARMA
O/O THE A.E.C CCW AIR
AIR CAMPUS
CHANDMARI
GHY-3
ASSAM
5:PRIYABRATA ADHIKARI
Address:S/O LT. PARIMAL ADHIKARI
O/O THE S.E.C CCW AIR
DDK CAMPUS
GHY-24
ASSAM
6:SNEHASIS ROY
Address:S/O LT. DWIJENDRA CHANDRA ROY
O/O THE S.E.C CCW AIR
DDK CAMPUS
GHY-24
ASSAM
7:DEBA KUMAR DAS
Address:S/O LT. S.K. DAS
O/O THE A.E.C CCW AIR
TEZPUR
ASSAM
PIN-784027
Page No.# 4/16
8:BISWAJIT KAR
Address:S/O LT. K.R. KAR
O/O THE A.E.C CCW AIR
AIR CAMPUS
CHANDMARI
GHY-3
ASSAM
9:NILOTPAL DEY
Address:S/O LT. NARESH HANDRA DEY
O/O THE A.E.C CCW AIR
AIR CAMPUS
CHANDMARI
GHY-3
ASSAM
10:SAILEN KUMAR BARUAH
Address:S/O LT. TARUN CHANDRA BARUAH
O/O THE A.E.C CCW AIR
AIR CAMPUS
CHANDMARI
GHY-3
ASSAM
11:MONOJ KUMAR VERMA
Address:S/O RAMDEO SRIVASTAVA
O/O THE A.E.C CCW AIR
AIR CAMPUS
CHANDMARI
GHY-3
ASSAM
12:SUNIL LAL DEB BARMA
Address:S/O LT. NISHI KANTA DEB BARMA
R/O THE A.E.C CCW AIR
AGARTALA
TRIPURA
PIN-799001
13:GAUTAM DATTA ROY
Address:S/O LT. SUNIL RANJAN DATTA ROY
O/O THE A.E.C CCW AIR
AIZAWL
MIZORAM
PIN-793001
14:S.L. KOM
Address:S/O S. SONEIKHUP
Page No.# 5/16
O/ O THE A.E.C CCW AIR
IMPHAL
MANIPUR
PIN-795001
15:PRADIP PAL
Address:S/O LT. DIGINDRA CH. PAL
O/O O/O THE A.E.C CCW AIR
AIR CAMPUS
CHANDMARI
GHY-3
ASSAM
16:SATISH CH. PATGIRI
Address:S/O LT. B.C. PATGIRI
O/O THE A.E.E CCW AIR
TEZPUR
ASSAM
PIN-784027
17:PRASANTA KUMAR SINGHA
Address:S/O LT. B.N. SINGHA
O/O THE E.E.C CCW AIR
AIR BAMUNIMAIDAM
GHY-21
ASSAM
18:HARA PRASAD HAZRA
Address:S/O SHRI RANJIT KUMAR HAZRA
O/O THE A.E.C CCW AIR
AIR CAMPUS
CHANDMARI
GHY-3
ASSAM
19:DILIP DEB NATH
Address:S/O LT. ANIL DEB NATH
O/O THE A.E.C CCW AIR
AIZAWL
MIZORAM
PIN-793001
20:DILIP KUMAR DAS
Address:S/O SHRI D.K. DAS
O/O THE A.E.C CCW AIR
TEZPUR
ASSAM
PIN-784027
Page No.# 6/16
21:DIPANKAR DEV
Address:S/O LT. DWIJENDRA DEV
O/O THE A.E.C CCW AIR
TRUNK ROAD
SILCHAR
ASSAM
PIN-788001
22:MANABENDRA DAS
Address:S/O LT. HANDRA KANTA DAS
O/O THE A.E.C CCW AIR
TRUNK ROAD
SILCHAR
ASSAM
PIN-788001
23:CHAYAN KANTI DAS
Address:S/O LT. SUDHIR CHANDRA DAS
O/O THE A.E.C CCW AIR
TRUNK ROAD
SILCHAR
ASSAM
PIN-788001
24:VASKAR CHAKRABORTY
Address:S/O LT. RABINDRA KR. CHAKRABORTY
O/O THE A.E.C CCW AIR
TRUNK ROAD
SILCHAR
ASSAM
PIN-788001
25:BIMAL CHANDRA SAHA
Address:S/O LT. ABHIBHUSAN SAHA
QTR. NO.4
TYPE-II
ALL INDIA RADIO
B.K. BHADRA SARANI
HAKIMPARA
SILIGURI-734001
------------
Advocate for : MR.S C KEYAL
Advocate for : MR.P BORAH appearing for NILOTPAL BHATTACHARJEE and 24
ORS.: Advocate ,
,
Page No.# 7/16
,
,
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, appearing for 2,
3,
4,
Page No.# 8/16
5,
6,
7,
8,
9,
10,
11,
12,
13,
14,
15,
16,
17,
18,
19,
20,
21,
22,
23,
24,
25, respectively.
Linked Case : WP(C)/6608/2014
THE UNION OF INDIA and 2 ORS
Address:REP. BY THE SECRETARY TO THE GOVT. OF INDIA
Page No.# 9/16
MINISTRY OF URBAN DEVELOPMENT
NIRMAN BHAWAN
NEW DELHI- 110011.
VERSUS
NARAYAN KALITA and 26 ORS
Address:ASSISTANT ENGINEER ELECTRICAL OFFICE ADG ER-II CENTRAL
PUBLIC WORKS DEPARMENT
GARCHUK
GUWAHATI- 781035.
------------
Advocate for : MR.S C KEYAL
Advocate for : MR.B BHAGAWATI appearing for NARAYAN KALITA and 26 ORS:
Advocate appearing for respectively.
Linked Case : WP(C)/4806/2015
UNION OF INDIA and 4 ORS
Address:REP. BY THE SECY. TO THE GOVT. OF INDIA
MINISTRY OF COMMUNICATION and IT
DEPTT.
OF POSTS
NORTH BLOCK
NEW DELHI-1
2: THE CHIEF ENGINEER CIVIL
Address:DEPTT. OF POSTS
DAK BHAWAN
SANSAD MARG
NEW DELHI-110116
3: THE CHIEF ENGINEER CIVIL H.Q.
Address:DEPTT. OF POSTS
DAK BHAWAN
SANSAD MARG
NEW DELHI-110116
4: THE SUPERINTENDING ENGINEER CIVIL
Address:YOGAYOG BHAWAN
P-36
C.R. AVENUE
KOLKATA-12
5: THE SECY.
MINISTRY OF PERSONNEL
Page No.# 10/16
Address:PUBLIC GRIEVANCES AND PENSIONS DEPTT. OF PERSONNEL and
TRAINING
NORTH BLOCK
NEW DELHI-1
VERSUS
DEBKUMAR GANGULY and ANR.
Address:S/O LT. NARAYAN CHANDRA GANGULY
ASSTT. ENGINEER C
POSTAL CIVIL SUB DIVISION-II
AMENITY BLOCK
1ST FLOOR MEGHDOOT BHAWAN
GHY-1
2:ASHOKE KRISHNA MUKHERJEE
Address:S/O SRI M.M. MUKHERJEE
ASSTT. ENGINEER C
POSTAL CIVIL SUB-DIVISION-1
AMENITY BLOCK
1ST FLOOR
MEGHDOOT BHAWAN
GHY-1
------------
Advocate for : ASSTT.S.G.I.
Advocate for : appearing for DEBKUMAR GANGULY and ANR.: Advocate ,
appearing for 2, respectively.
Linked Case : WP(C)/2696/2015
UNION OF INDIA and 5 ORS
Address:REP. BY THE SECY. TO THE GOVT. OF INDIA
MINISTRY OF URBAN DEVL. NIRMAN BHAWAN
NEW DELHI-11
2: THE DIRECTOR GENERAL
Address:CENTRAL PUBLIC WORKS DEPARTMENT
NIRMAN BHAWAN
NEW DELHI-11
3: THE CHIEF ENGINEER
NEZ-I
Address:CENTRAL PUBLIC WORKS DEPARTMENT
CLEVE COLONY
DHANKHETI
SHILLONG-3
4: THE SUPERINTENDING ENGINEER
Address:GUWAHATI CENTRAL CIRCLE NO.1
Page No.# 11/16
CENTRAL PUBLIC WORKS DEPARTMENT
GHY-21
5: THE EXECUTIVE ENGINEER E PandA
Address:GUWAHATI CENTRAL ELECTRICAL CIRCLE
HAVING ITS OFFICE AT NIRMAN BHAWAN
P.O. BAMUNIMAIDAM
GHY-21
ASSAM
6: THE EXECUTIVE ENGINEER
Address:ASSAM AVIATION WORKS DIVISION
CPWD
AIRPORT COLONY
BORJHAR
GHY-15
VERSUS
SMTI. ITI HAZARIKA DAS and 4 ORS.
Address:R/O "BINALAYA" HOUSE NO.14
WEST LANE-4
CHANDMARI
GHY-3
KAMRUP METRO
ASSAM
2:SALEH AHMED LASKAR
Address:R/O QRT. NO.T-II/13
CPWD COLONY
MOTHER TERESA ROAD
GHY-24
DIST- KAMRUP METRO
ASSAM
3:CHANDAN SONOWAL
Address:R./O QRT. NO.T-II/10
CPWD
RESIDENTIAL COLONY
JAPORIGOG
GHY-24
DIST- KAMRUP METRO
ASSAM
4:SUBHASH SARKAR
Address:R/O CHOUDHURY LANE
BISHNUPUR
KALAPAHAR
GHY-16
DIST- KAMRUP METRO
Page No.# 12/16
ASSAM
5:RAKHAL CH. MANDAL
Address:R/O QRT. NO.P-204
AIRPORT COLONY
BORJHAR
GHY-15
------------
Advocate for : ASSTT.S.G.I.
Advocate for : appearing for SMTI. ITI HAZARIKA DAS and 4 ORS.: Advocate ,
,
,
, appearing for 2,
3,
4,
5, respectively.
Linked Case : WP(C)/3733/2019
UNION OF INDIA AND 3 ORS.
Address:REP. BY ITS SECRETARY
MINISTRY OF I AND B
SHASTRI BHAWAN
NEW DELHI-110001
2: THE CONTROLLER OF DEFENCE ACCOUNTS
Address:UDAYAN VIHAR
NARANGI
GUWAHATI-781171
3: THE OFFICER COMMANDING STATION WORKSHOP
Address:EME
GUWAHATI
PIN-900328
C/O 99 APO
4: THE LOCAL AUDIT OFFICER (ARMY)
Address:NARANGI
GUWAHATI-781027
ASSAM
VERSUS
Page No.# 13/16
BHUPEN NATH
Address:VECHICLE MECHANIC
O/O THE STATION WORKSHOP
NARENGI
GUWAHATI-21
------------
Advocate for : MR. S C KEYAL
Advocate for : MR. M CHANDA appearing for BHUPEN NATH: Advocate appearing
for respectively.
BEFORE
HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH
HON'BLE MR. JUSTICE MANISH CHOUDHURY
ORDER
19.11.2020 [N. Kotiswar Singh, CJ(Acting)] Heard Mr. R.K. Dev Choudhury, learned Assistant Solicitor General of India, appearing for the petitioners. Also heard Mr. S. Choudhury, learned counsel for the respondents in WP(C) Nos.3533/2019 and 3733/2019; Ms. M. Barman, learned counsel for the respondents in WP(C) No.6608/2014 and Mr. D. Mozumder, learned Senior counsel assisted by Mr. P. Borah, appearing for the respondents in WP(C) No.2600/2016.
2. As regards other writ petitions, in WP(C) No.2696/2015 the office note indicates that service is complete upon all the respondents as per service report sent by the office of the Munsiff No.1, Kamrup(M), Guwahati. Similarly, in respect of WP(C) No.4806/2015, the office note indicates that notices have been served by dasti as also reflected in the order dated 20.11.2017 of this Court and as such it will be deemed that notices have been properly served on them though no one appears for the respondents in these two writ petitions.
Page No.# 14/16
3. The present batch of writ petitions arise out of the order(s) passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench, on different dates i.e. on 08.02.2019, 25.06.2014, 11.09.2014, 27.11.2014, 01.12.2014 and 08.02.2019, respectively, by which substantially similar reliefs were granted to the applicants in the CAT. The relief sought for and granted was that the employees/applicants would be entitled to Grade Pay in the higher promotional Pay Band by relying on the decision in Union of India & Ors. Vs. Raj Pal & another1, dated 19.10.2011. The SLP preferred by the Union of India against the decision of the Punjab and Haryana High Court was dismissed by the Supreme Court on 15.04.2013 and accordingly, the learned CAT relying on the aforesaid decision in Raj Pal (supra) allowed the applications on various dates, which decisions are being challenged before this Court in the above referred writ petitions.
4. Without adverting into the detail facts and issues raised, it will suffice to say that the applicants herein before the CAT had sought for the benefit of Grade Pay in the higher promotional Pay Band under the MACP scheme. However, subsequently the issue has been settled by the Hon'ble Supreme Court in Union of India & Ors. Vs. M.V. Mohanan Nair2, wherein the law relating to the benefits under MACP scheme has been upheld as mentioned in the following paragraphs, which are reproduced hereinbelow:-
"46. ................................... Raj Pal case [Union of India v. Raj Pal, 2011 SCC OnLine P&H 14580] did not go into any details in respect of the overall features of the new MACP Scheme and did not consider the recommendations of the expert body which culminated in the new Scheme. The order passed in Raj Pal case [Union of India v. Raj Pal, 2011 SCC OnLine P&H 14580] could not have been taken as a precedent in other cases. This is all the more so when SLP (C) No. ... CC 7467 of 2013 was dismissed [Union of India v. Raj Pal, 2013 SCC OnLine SC 1441] by the Supreme Court on the ground of delay in refiling the special leave petition and no decision was rendered on merits.
1 2011 SCC OnLine P&H 14580 2 (2020) 5 SCC 421 Page No.# 15/16
47. As noted above, the SLP preferred by Union of India against the order dated 19-10-2011 [Union of India v. Raj Pal, 2011 SCC OnLine P&H 14580] passed by the High Court was dismissed [Union of India v. Raj Pal, 2013 SCC OnLine SC 1441] on the ground that the delay in refiling has not been satisfactorily explained. The question which arises for consideration is when the SLP has been dismissed [Union of India v. Raj Pal, 2013 SCC OnLine SC 1441] on the ground of delay in filing or of refiling (like in the case of Raj Pal), whether it can be taken as a binding precedent on the merits of the case as the "law declared by the Supreme Court within the meaning of Article 141 of the Constitution of India". Raj Pal case [Union of India v. Raj Pal, 2013 SCC OnLine SC 1441] having been dismissed on the ground that no sufficient cause was shown for the delay in refiling, in our considered view, Raj Pal case [Union of India v. Raj Pal, 2013 SCC OnLine SC 1441] ought not to have been quoted as a precedent of this Court by the High Courts.
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56. The ACP Scheme which is now superseded by MACP Scheme is a matter of government policy. Interference with the recommendations of the expert body like the Pay Commission and its recommendations for the MACP Scheme, would have serious impact on the public exchequer. The recommendations of the Pay Commission for MACP Scheme has been accepted by the Government and implemented. There is nothing to show that the Scheme is arbitrary or unjust warranting interference. Without considering the advantages in the MACP Scheme, the High Courts erred in interfering with the Government's policy in accepting the recommendations of the Sixth Central Pay Commission by simply placing reliance upon Raj Pal case [Union of India v. Raj Pal, 2011 SCC OnLine P&H 14580] . The impugned orders [Union of India v. M.V. Mohanan Nair, 2013 SCC OnLine Ker 11713] , [Union of India v. Reeta Devi, CWP No. 24278 of 2013, order dated 7-11-2013 (P&H)] , [Union of India v. Rajini Kanta Deka, 2014 SCC OnLine Megh 269] , [Union of India v. M. Swarnalatha, 2016 SCC OnLine Hyd 746] , [Nagendra Pati Tripathy v. Union of India, 2016 SCC OnLine Pat 4799] , [Union of India v. G.V.S.S. Anand, 2016 SCC OnLine Hyd 745] cannot be sustained and are liable to be set aside.
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58. However, as pointed out earlier in paras 52 to 54, since certain anomalies on implementation of the MACP Scheme have been brought to the notice of the Joint Committee in the various meetings of the Joint Committee, the Union of India and DoP&T to consider the same as they deem it appropriate and take a decision in accordance with law."
5. The learned counsel for the contesting parties fairly admit to the aforesaid legal position as mentioned in the decision of the Supreme Court in M.V. Mohanan Nair (supra) and in that view of the matters, the decision(s) rendered by the learned CAT, Guwahati Bench, cannot be sustained. The benefits to the employees have to be given in terms of the Page No.# 16/16 decision of the Hon'ble Supreme Court referred to above.
6. In view of the above, the writ petitions are disposed of by setting aside the impugned decisions dated 08.02.2019, 25.06.2014, 11.09.2014, 27.11.2014, 01.12.2014 and 08.02.2019, respectively, in the above referred matters.
7. It goes without saying that if any of the applicants/employees had not been granted the benefit as clarified by the Hon'ble Supreme Court in the aforesaid decision, they may be given the aforesaid benefit immediately.
Sd/- Manish Choudhury Sd/- N. Kotiswar Singh
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant