Central Administrative Tribunal - Chandigarh
Om Prakash Dhiman Son Of Sh. B.R. Dhiman vs Union Of India Through The Secretary To ... on 17 February, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
(Reserved on 16.01.2017)
O.A No. 063/00025/2015 Date of decision -17.02.2017
CORAM: HONBLE MR. SANJEEV KAUSHIK, MEMBER (J)
HONBLE MS. RAJWANT SANDHU, MEMBER (A)
1. Om Prakash Dhiman son of Sh. B.R. Dhiman, retired as Chief Section Supervisor (CSS) Grade-IV, BSNL, Dharamshala, Distt. Kangra, H.P. R/o Village Order, P.O. Bhawrna, Tehsil Palampur, District Kangra, Himachal Pradesh.
2. Prem Sagar Dhiman son of Late Sh. S.R. Dhiman, retired as Chief Section Supervisor (CSS) Grade-I IV, BSNL, Dharamshala, District Kangra, H.P. R/o Village and PO Dari, Tehsil Dharamshala, Distt. Kangra, H.P.
3. Mohan Lal Chandel son of Late Sh. Chura Ram, retired as Chief Section Supervisor (CSS) Grade IV, BSNL, Mandi, Distt. Mandi, H.P R/o Village Syanh, PO Lohara, Tehsil Sadar, Distt. Mandi, H.P.
APPLICANTS
BY ADVOCATE: Sh. R.K. Sharma.
VERSUS
1. Union of India through the Secretary to Government of India, Ministry of Communications and Information Technology, Department of Telecommunications, Sanchar Bhawan, 20 Ashoka Road, New Delhi-110001.
2. Bharat Sanchar Nigam Limited (A Government of India Enterprise), Corporate Office TE Section, 5th Floor, Bharat Sanchar Bhawan, Janpath, New Delhi-110001 through Chief Managing Director.
3. Assistant General Manager (Pen & TE), Bharat Sanchar Nigam Limited (A Government of India Enterprise), Corporate Office TE Section, Bharat Sanchar Bhawan, H.C. Mathur Lane, New Delhi-110001.
RESPONDENTS
BY ADVOCATE: Sh. D.R. Sharma.
ORDER
HONBLE MR. SANJEEV KAUSHIK, MEMBER (J):-
The applicants have assailed the order dated 22.02.2012 (Annexure A-1) issued by the Government of India, Ministry of Communication and Information Technology, Department of Telecommunication extending the benefit of NE-12 pay scale of Rs. 16390-33830 in Non Executive Promotion Policy (NEPP) with prospective effect and order dated 06.07.2012 issued by respondent no. 3 to the extent the grant of NE-12 pay scale of Rs. 16390-33830 in Non Executive Promotion Policy (NEPP) has been made effective w.e.f. 22.02.2012 i.e. date of communication of approval of the Administrative Ministry. They further sought issuance of direction from this Tribunal to grant the benefit of NE-12 pay scale since 01.01.2007, when they were in service and retired in between 2010 to 2011 with all consequential benefits arising thereof.
2. The facts in brief are that all three applicants joined the service in the erstwhile department of Telecommunications having been appointed on 27.08.1970. They were placed in the CSS Scale of Rs. 6500-10500. During their service career, they were promoted as Senior Telecom Operative Assistant Grade IV. All the three applicants retired from service between 30.04.2010 to 31.07.2011 on attaining the age of superannuation. In the year 2000, Department of Telecom operations (DTO) was transferred to Bharat Sanchar Nigam Limited, (in short BSNL), a company incorporated as a company with limited liability by shares under the Companies Act, 1956. The applicants were getting the pay scale of Rs. 8570-245-12245 when they came under the purview of BSNL. The respondents vide clarification dated 12.08.2009 revised rules of CCS (Pension) Rules, 1972 on various facets like emoluments, qualifying service, minimum pension, minimum family pension, DCRG etc.. The BSNL Management conveyed its approval for Time Bound Promotion Policy in respect of non-Executive employees who were working on regular establishment of BSNL as on 01.04.2008. It is stated that the respondent BSNL issued an office order dated 07.05.2010 whereby they have revised IDA pay scales in replacement of existing IDA scales of non executive employees of BSNL and IDA pay scale of the applicants was revised from Rs. 8570-245-12245 to pay scale of Rs. 16370-30360. The respondent BSNL vide its order dated 20.08.2010 issued number of clarifications for NEPP employees in the IDA pay scale. On introduction of NE-12 pay scale of Rs. 9200-250-13200 for non executives in BSNL, Vide policy dated 08.09.2010, it was mentioned therein that introduction of pay scale in case of non-executives in revised scales of pay will have prospective effect i.e. 08.09.2010. In the said policy, it was also mentioned that new NE-12 is meant for providing pay scales up-gradation under Non-Executive Promotion Policy (NEPP), to employees already in NE 11 pay scale and before becoming eligible for up gradation to NE 12, these employees would be fixed well above Rs. 18770/-. Therefore, benefit of pay scale of up-gradation from NE-11 will be in the form of one increment irrespective of minimum of NE 12 pay scale. On the basis of said policy decision, the applicants have contended that they became entitled for NE-12 pay scale. A legal notice was served upon the respondents through their counsel which was replied by them that final decision is pending and matter is still under consideration. Thereafter, the applicants had approached the Tribunal by filing O.A No. 1239-HP-2011 for grant of NE -12 pay scale to non-executives in BSNL, which was disposed of vide order dated 25.11.2011 with a direction to the respondents to decide their pending representation. On the basis of above direction, the respondents vide its letter dated 22.02.2012 conveyed approval of competent authority for introduction of new IDA pay scale of Rs. 16390-33830 (NE-12) with prospective effect. Feeling aggrieved against the action of the respondents, the applicants through their Union submitted a representation dated 24.02.2012 for implementation of NE -12 pay scales from October 2008 onwards. Their request was turned down vide order dated 06.07.2012 informing the applicants that BSNL Board has approved the NE-12 pay scale of Rs. 16390-33830/- subject to certain condition such as the proposed IDA scale has to be introduced with prospective effect. Hence the present O.A.
3. The respondents contested the claim of the applicants by filing detailed written statement wherein they have submitted that since the applicants had already retired between 30.04.2010 to 31.07.2011 much before the decision conveyed by the Administrative Ministry for implementation of NE-12 pay scale w.e.f. 22.02.2012. The applicants cannot be given benefit as claimed in the O.A. The respondents have also relied upon the decision of the Ernakulam Bench of this Tribunal passed in O.A No. 1140/2012 titled Joseph Chacko Vs. CMD BSNL, Corporate office & Ors. decided on 25.02.2015 wherein similar issue with regard to implementation of NE-12 pay scale with prospective effect has been considered and O.A was dismissed, therefore, it is submitted that once the issue has already been put to rest by the Ernakulam Bench of this Tribunal, this petition also deserves the same fate.
4. We have heard Sh. R.K. Sharma, learned counsel for the applicant and Sh. D.R. Sharma, learned counsel for the respondents.
5. Sh. R.K. Sharma, learned counsel for the applicants vehemently argued and did not dispute the fact that though issue has already been decided by Ernakulam Bench of this Tribunal in case of Joseph Chacko (supra) but he argued that in view of the decision of Full Bench of Honble jurisdictional High Court in case of Rajbir Singh and Ors. Vs. Haryana State Electricity Board, 2009 (3) SCT 543, the impugned order be set aside with a direction to the respondents to grant the pay scale from an earlier date whereas Sh. D.R. Sharma, learned counsel for the respondents has reiterated what has been stated in the written statement
6. We have painstakingly gone through the pleadings and the judgment relied upon by the learned counsel for the parties with their able assistance.
7. Order in case of Joseph Chacko (supra) by Ernakulam Bench of this Tribunal has already considered the issue as involved in this O.A with regard to grant of benefit of NE-12 pay scale from earlier date then the date prescribed by the department i.e. 22.02.2012 and had dismissed the said O.A by holding that it is for the department to decide the cut-off date and it cannot be made retrospectively against the wishes of the department and it is held that NE-12 pay scale was introduced by the respondents only after getting the approval of the competent authority in the Department of Telecommunication, Ministry of Communications & Information Technology, Government of India, therefore, it cannot be implemented from an earlier date as suggested by the applicants. Therefore, we see no reason to interfere with the impugned order in view of the decision laid down by the Ernakulam Bench of this Tribunal. As far as judgment relied upon by the applicants in case of Rajbir Singh (supra) is concerned, we are afraid that they may get benefit from said judgment because the facts are entirely different and even the Full Bench has also not granted the benefit as claimed by the petitioner therein from 01.01.1986 against 01.05.1990 when the anomaly was removed.
In view of the above, the present O.A is dismissed being devoid of merit. No costs.
(SANJEEV KAUSHIK) MEMBER (J) (RAJWANT SANDHU) MEMBER (A) Dated:17.02.2017 jk 1 O.A No. 063/00025/2015