Central Administrative Tribunal - Ernakulam
D Amina vs Ut Of Lakshadweep on 19 September, 2017
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OA 1811003612014
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
OA No. 181/00036/2014
Tuesday this the 19th day of September, 2017
CORAM
HON'BLE MR. U, SARATHCHANDRAN, JUDICIAL MEMBER
HON'BLE MR. E.K. BHARAT BHUSHAN, ADMINISTRATIVE MEMBER
1 D. Amina, D/o late Yousuf A.M
aged 53 years, Compositor Grade I,
Lakshadweep Government Press, Kavaratti
(residing at Dondiothi House,
Union Territory of Lakshadweep)
2 FathimaMuradugamduvar, D.o Alimanikfan Bouge
Athirige, aged". 55 years, Gompositor Grade I
Lakshadweep Government Press, Minicoy
(residing at Minicoy, Union Territory ofLakshadweep) .
. .. ..Applicants
(By Advocate Mr. Joby Cyriac)
Vs.
1 The Administrator, Union Tetritory of Lakshadweep,
Kavaratti-682555.
2 Union of India, represented by the Secretary,
Ministry of Urban Affairs & Employment, Department
of Urban Development, New Delhi-110 001.
3 The Ministry of Finance, Government of India,
New Delhi-110001, rep. By its Secretary
4 The Director, Directorate of Printing
B Wing, Nirman Bhawan,
Maulana Azad Road, New Delhi-110108.
..... Respondents
(By Advocate Mr. S.Manu for R 1 (through Advocate Mr. R. Sreeraj)
Advocate Mr. M.K. Padmanabhan Nair, ACGSC for R2 to 4 (not
present)
This application having been finally heard on 30.08.2017 the Tribunal on 19.09.
2017 delivered the following:
,
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OA 181/0036/2014
ORDER
Per;· E.K. Bharat Bhushan, Administrative Member OA 36/2014 is filed by two applicants who are working as Compositor Grade I, Lakshadweep Government Press, Kavaratti and Minicoy Islands respectively. They are challenging the order issued on 2.4.2014 by the 2nd respondent marked as Annexure A9, The relief sought in the OA is as follows:
(i) To call for the original records leading to Annexure A9 order and set aside the same.
)
(ii)Pass an order declaring that the post of "Compositor Grade I" at Lakshadweep Government Press and the post of DTP Operators in Government of India presses are comparable in view of their educational qualification nature ofduties and functional responsibilities etc.
(iii)Pass an order directing the 2nd respondent to re- designate the post of Compositor Grade I at LGP as 'DTP . Operator" and to revise its pay scale from Rs. 1200-1800 to 1400-2300with effect from 31.10.1989.
(iv)Pass an order directing the 2nd respondent to consider the Annexure A7 and 7(a) representations afresh and to pass speaking order thereon considering the comparabilities of the applicants and to the DTP Operators in GIP with respect to their educational qualification, nature of duties and functional responsibilities; and
(v)Such other order or direction as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
2. The facts of the case in brief are as below.
The applicants are both Compositor Grade I working with the Lakshadweep Government Press. This is the second occasion when the • 3 OA 181/003612014 subject matter of this case has been agitated before this Tribunal. The first was when OA 661/2013 was filed. The said OA was disposed of with a direction to the first respondent to refer the matter to the second respondent who in tum will consider the matter, if necessary, with third respondent, on the same lines as action taken in the past in identical matters and arrive at a just conclusion. In accordance with the decision, the representations were considered and dismissed through the impugned order and this Original Application has been filed.
3. In so far as the subject matter of this OA is concerned, it revolves around the claim of the applicants, who are working in Lakshadweep Government Press in Lakshadweep, a Union Territory of Government of India, to declare that the post of Compositor Grade I of Lakshadweep Govt. Press (LGP for short) and DTP Operators in Government of India Presses are comparable and to direct the 2nd respondent to re-designate the post of Compositor Grade I at LGP as DTP Operator.
4. It is stated that initially there was no parity between the employees ofLakshadweep Government Press and the Government of India Presses. However with the 4th Central Pay Commission, a committee had been proposed to look into various aspects of the issue and an Inter Departmental Committee had been constituted. On the basis of the recommendation of this committee, Office Memorandum dated 31.10.1989 was issued classifying all technical printing posts in Government Presses into seven categories viz., Unskilled, Semi skilled, Skilled, Highly Skilled .
( • 4 OA 1811003612014 Grade II, Highly Skilled Grade I, Master Craftsman and Technical Supervisor. Respective pay scales were also fixed under the various Ministries and Departments of Government of India where they were working. The OM may be seen at Annexure A1.
5. In line with Annexure Al the third respondent classified technical posts of printing staff working under the GIP and revised their pay scales including the post ofDTP Operators. However, Annexure Al did not include in its fold the Compositors Grade I at Lakshadweep Government Press. With the advent of offset printing, significant changes had come about in the functions and responsibilities of Compositors and after necessary training they started working as DTP Operators. However, this category came to be completely excluded from the purview of Annexure Al, as is seen. The grievance of the Compositors at Lakshadweep Government Press functioning as DTP Operators were compounded as DTP Operators of Government of India Presses were duly taken care of in the Memorandum. The applicants have been pursuing the case for upgrading their pay scales on the basis of the OM dated 31.10.1989 but all their efforts so far were unsuccessful.
6. The main grievance in the OA is that the OM is not applicable to Union Territories including Lakshadweep. The discrimination was apparent in the fact that the post of DTP Operators in the Government of India Presses came to be re-classified as Master Craftsman with pay scale ofRs. 1400-2300. As a small consolation, out of the total 24 posts of Compositor .
• 5 OA 1811003612014 Grade II, 12 posts were re-designated as Assistant DTP Operators and 12 were re-designated as Machineman Gr.III. The first respondent took up their case by sending a proposal in this regard (Annexure A6). The applicants also submitted representations marked as Annexures A7 and A7(a) but received no reply. At this stage they approached this Tribunal through OA 661/2013 in which the second respondent was directed to dispose of their representation through a speaking order (Annexure A8). However, the applicants maintain that the second respondent rejected the representation through a cryptic order as per impugned Annexure A9.
7. By way of grounds the applicants argue that Annexure A9 is not a speaking order. The applicants have never sought pay revision at par with Compositors in the Government of India Presses as the nature of duties and responsibilities are distinct and different. The . nature of duties and responsibilities discharged by the Compositors at Lakshadweep Government Press (LGP) and DTP Operators in the Gol Presses are one and same and hence the applicants are entitled to get their pay revised at par with DTP operators of Goi presses. The Ist respondent has already re- designated the post of Compositors Grade II as Asstt. DTP Operator as could be seen from Annexure AS Recruitment Rules. The 2nd respondent has revised the pay scales of Machine Attendant/Machineman Gr.III/Machineman Gr.II/Senior Printer at par with the post of Offset Machineman of Gol presees. In other words, when the post of DTP operators at the GIP was classified as Master Craftsman and revised their • 6 OA 1811003612014 pay scale as Rs. 1400-2300 by the 2nd respondent, those benefits were not extended to the applicants, which is discriminatory and violation of Article 14 of the Constitution of India.
8. By way of reply the respondent No.1 has stated in the reply statement that Annexure A9 order dated 2.4.2014 issued by the Ministry of · Urban Development is in full compliance with the direction contained in the order of the Hon'ble Tribunal in OA 661/2013. The Ministry had considered the representations of the applicants in consultation with Directorate of Printing. The Directorate had made a comparative study of the post of Compositor Grade I in Govt. of India Presses, with other Govt. of India Presses. Thereupon the post of Compositor Grade I and Grade II had been abolished in GOI presses and the incumbents have been absorbed in the posts on identical pay scales, which are also at par with the posts of Compositor Grade I and Grade II in Govt. Press Lakshadwep Administration. The department forwarded a communication to Directorate of Printing by letter dated 9.1.2013 with a request to provide the amended Recruitment Rules as per the recommendation of the 6th CPC, but the amended Recruitment Rules have not been received. 24 posts of Compositor Grade II in Lakshadweep Govt. Press were created when manual composing was carried on but by the advancement technology, offset printing was introduced by replacing letter press. Thereafter the department proposed to re-designate the 24 posts of Compositor Grade II as Assistant DTP Operator and Machineman Grade.III.
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• 7 OA 1811003612014
9. Applicants have filed rejoinder to the reply of Ist respondent stating that the contesting respondents 2&3 have not filed reply in this case. They have reiterated their contentions in the OA. They have also filed MA 188 of2017 to produce certain documents marked as Annexure A13 to A15 which has been allowed and the documents were taken on record.
10. Shri Joby Cyriac, learned counsel for the applicants and Shri R.Sreeraj representing Advocate S.Manu for Respondent No.1 were heard. Shri M.K. Padmanabhan Nair, learned counsel for respondents 2 to 4 is not present. We have gone through the records produced by both sides.
11. We have consideredthe contentions in the OA in detail. Another set of employees working in Lakshadweep Government Press had come before this Tribunal through OA 6612014 seeking equivalence between themselves and their counterparts working in Government of India Presses and this Tribunal had disposed of the case on 30th August, 2017 by directing Government of India to get a technical study/analysis conducted to examine the question in detail.
12. In so far as this OA is concerned the demand relates to fitment of Compositor Gr.I (even though they claim to be now working as DTP Operators) as equivalent to DTP Operators in Government of India Presses. As directed by this Tribunal, the third respondent had examined their demand and issued orders as per impugned Annexure A9. The operative part of the order is as follows:
• 8 OA 181/0036/2014 "And whereas the representations of the applicants have been considered in the Ministry in consultation with Directorate of Printing. Directorate of Printing has made comparative study of the posts of Compositor Grade I, Compositor Grade II, Binder Grade I, Binder Grade II, Photo Type Setting Operators, Computer Grade II in Government Press, Lakshadweep Administration viz-a- viz similar posts in Govt. ofIndia Presses, which is enclosed. And whereas it is seen that the post of Binder Grade-l & Binder Grade II is already at par with the post of Binder and Assistant Binder in Govt. of India Presses. The post of Compositor Grade I and grade II have been abolished in Govt. of India Presses and the incumbents have been absorbed in the posts in identical pay scales, which are also at par with the posts of Compositor Grade I and Grade II in Govt. Press, Lakshadweep Administration. "
From the above it appears that the issue has been analyzed and a decision taken. As is mentioned the post of Compositors Grade I and Grade II do not exist in Government of India Presses any more and the incumbents have been absorbed in identical pay scales which are at par with Compositors · Gr.l and Grade II in Lakshadwep Government Press. We feel that the issue has been appropriately addressed by Respondent No.3 by order at Annexure A9. A further examination of the same issue would be hit by res judicata as ·the same demand had been considered by this Tribunal once before and a direction issued.
13. O.A is dismissed as devoid of merit. No costs.
~'
(E.K. B a'rat Shushan) (U. Sarathchandran)
Administrative Member Judicial Member
kspps
Applicants' Annexures
Annexure A1 True copy of the OM No.36(1)-IC/88 dated
31.10.1989 issued by the third respondent. Annexure A2 True copy of the relevant page of the Comparative • 9 OA 1811003612014 Statement of pay scale of the applicants and Central Government Press prepared by the Director (P&S) LGP.
Annexure A3 True copy of the Order No.A-2602111/2010-Ptg dated 5.7.2010 issued by the Ministry of Urban Development, PSP Division.
Annexure A3(a) True copy of the Order No.C-18013/3/2011-Ptg dated 12.1.2012 issued by the Ministry of Urban Development, PSP Division.
Annexure A3(b) True copy of the Order No.C-18013/4/2011-Ptg dated 12.1.2012 issued by the Ministry of Urban Development, PSP Division.
Annexure A3(c) True copy of the C-18013/4/2011-Ptg dated 12.1.2012 issued by the Ministry of Urban Development, PSP Division Annexure A3(d) True copy of the C-18013/4/2011-Ptg dated 12.1.2012 issued by the Ministry of Urban Development, PSP Division Annexure A3(e) True copy of the C-18013/4/2011-Ptg dated 12.1.2012 issued by the Ministry of Urban Development, PSP Division Annexure A4 True copy of the Order dated 11.4.2011 in Original Application No. 317 of 2011 of CAT, Emakulam. Annexure AS True copy of the Recruitment Rules namely "Lakshadweep Administration Department of Printing & Stationary (Technical Group C) Recruitment Rule 2011 published vide a notification No.F.No.l/12/2009- LGP dated 25.04.2011.
Annexure A6 True copy ofthe proposal dated 2.7.2012. Annexure A7 True copy of the representation submitted Ist applicant dated 1.11.20 12 before the Ist respondent. Annexure A7(a) True copy of the representation submitted 2nd applicant dated 1.11.20 12 before the Ist respondent. 10
OA 1811003612014 Annexure A8 True copy of the order dated 19.7.2013 in OA No.661/2013.
Annexure A9 True copy of the order dated 2.4.2014 passed by the 2nd respondent.
Annexure A10 True copy of the order dated 23.8.2013 in OA 932/2012.
Annexure All The true copy of the Information F.No.l0/2/2013-LGP/369 dated 6.7.2016 furnished by the Ist respondent under RTI Act.
Annexure Al2 The true copy of the relevant pages of the work ha~dbook of the DTP Operators at GIP.
Annexure Al3 True copy of the report submitted by the enquiry committee constituted by the 2nd respondent as per the direction of High Court ofKerala in OP (CAT) No.l66/2016.
Annexure Al4 True copy of the judgment dated 15.2.2016 in OA No.61/2014 of CAT, Emakulam.
Annexure Al5 True copy of the proposal along with covering letter dated 29.5.2010 of the Director (P&G), Department of Printing & Stationary of theIst respondent.
Annexure Al6 True copy of the report submitted by the enquiry committee constituted by the 2nd respondent as per the direction of High Court ofKerala in OP (CAT) No.l66/2016.
Respondent No 1 's Annexures Annexure R1(a) A true copy of the communication No.A-
260211112010-Ptg dated 7.3.2011.
Annexure R1 (b) A true copy of the communication F.No.l/1/2012-LGP/41 dated 9.1.2013.
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PP~er(A)