Central Administrative Tribunal - Kolkata
Sanjay Kumar Jha vs M/O Defence on 25 April, 2024
1 OA 1954/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/01954/2021
M.A. 350/625/2021
M.A. 350/818/2022
DATE OF ORDER : 25.04.2024
Coram: Hon'ble Mr. Jayesh V. Bhairavia, Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
In the matter of :
1. Shri Sanjay Kumar Jha
Son of Late Tej Narayan Jha, aged about 49 years, residing at
Block-A, 1-FR, Flat-I-C, 85, Neogipara Road, Baranagar, Kolkata-
700036 and working to the post of Junior Hindi Translator/
Junior Translation Officer in the office of Gun & Shell Factory,
Cossipore (a unit of Advanced Weapons and Equipment India
Limited), A Government of India Enterprise, under the Director,
the Directorate of Ordnance (Coordination & Services), Ministry
of Defence, Department of Defence Production, 10A, Shaheed
Khudiram Bose Road, Kolkata- 700001.
2. Shri Upendra Shaw,
Son of Late Ram Chandra Shaw, residing at Ekta Floral, Block-1,
Flat No. 12B, 27, Christopher Road, Kolkata- 700046 and
working to the post of Junior Hindi Translator/ Junior
Translation Officer in the office of Metal & Steel Factory,
Ishapore (a unit of Yantra India Limited, Ambajhari, Nagpur), A
Government of India Enterprise, situated at Ichapur, PO Ichapur-
Nawabgang, District- 24- Parganas (North), Pin- 743144 under
the Director, the Directorate of Ordnance (Coordination &
Services), Ministry of Defence, Department of Defence
Production, 10A, Shaheed Khudiram Bose Road, Kolkata-
700001.
3. Smt. Neelam Pandey,
Daugher of Late Sashi Kant Mishra, residing at 16, Rani Branch
Road, Kolkata- 700036 and working to the post of Junior Hindi
Translator/ Junior Translation Officer in the office of Ordnance
Factory, Dum Dum (a unit of Yantra India Limited), A
Government of India Enterprise, situated at Dum Dum, Kolkata-
700002 under the Director, the Directorate of Ordnance
2 OA 1954/2021
(Coordination & Services), Ministry of Defence, Department of
Defence Production, 10A, Shaheed Khudiram Bose Road,
Kolkata- 700001.
4. Smt. Soma Bhattacharjee,
Daughter of Shri Samar Guha, residing at 541, Dum Dum Park,
Kolkata- 700055 and working to the post of Junior Hindi
Translator/ Junior Translation Officer in the office of Rifle
Factory, Ishapore (a unit of Advanced Weapons and Equipment
India Limited), A Government of India Enterprise, situated at
Ichapur, PO Ichapur- Nawabganj, district- 24 Parganas (Norht),
Pin- 743144 under the Director, the Directorate of Ordnance
(Coordination & Services), Ministry of Defence, Department of
Defence Production, 10A, Shaheed Khudiram Bose Road,
Kolkata- 700001.
5. Shri Shamim Ahmed,
Son of Shri Sagir Ahmed, residing at 2 No. Masjid,
Ranchandrapath, Kanthadhar, Ishapore, District- 24- Parganas
(North), Pin- 743144 and working to the post of Junior Hindi
Translator/ Junior Translation Officer in the office of the
Directorate of Ordnance (Coordination & Services), Ministry of
Defence, Department of Defence Production, 10A, Shaheed
Khudiram Bose Road, Kolkata- 700001.
6. Shri Durgesh Pratap Singh,
Son of Shri Daraoga Singh, residing at Survey view Park, Post-
Bandel, District- Hooghly, Pin- 712123 and working to the post
of Junior Hindi Translator/ Junior Translation Officer in the
office of the Directorate of Ordnance (Coordination & Services),
Ministry of Defence, Department of Defence Production, 10A,
Shaheed Khudiram Bose Road, Kolkata- 700001.
7. Smt. Rita Shaw,
Daughter of Late Sheo Narayan Shaw, residing at 43, Barriser P.
Mitra Sarani, PO Naihati, District- North 24- Parganas, Pin-
743165 and working to the post of Junior Hindi Translator/
Junior Translation Officer in the office of the Directorate of
Ordnance (Coordination & Services), Ministry of Defence,
Department of Defence Production, 10A, Shaheed Khudiram
Bose Road, Kolkata- 700001.
.............Applicants
VS.
1. Union of India service through the Secretary, Ministry of
Defence (Defence and Production), Government of India, South
Block, New Delhi- 110001.
3 OA 1954/2021
2. The Director General, Directorate of Ordnance
(Coordination & Services), Department of Defence Production,
Government of India, Ministry of Defence, 10A, Shaheed
Khudiram Bose Road, Kolkata- 700001.
3. The General Manager, Gun & Shell Factory, Cossipore (a
Unit of Advanced Weapons and Equipment India Limited), a
Government of India Enterprise situated at Khagendra
Chatterjee Road, CIT, Cossipore, Kolkata- 700001.
4. The General Manager, Metal & Steel Factory, Ishapore (a
Unit of Yantra India Limited, Ambajhari, Nagpur), a Government
of India Enterprise, situated at Ichapur, PO Ichapur- Nawabganj,
District- 24- Parganas (North), Pin- 743144.
5. The General Manager, Ordnance Factory, Dum Dum (a
Unit of Yantra India Limited), a Government of India Enterprise,
situated at Dum Dum, Kolkata- 700002.
6. The General Manager, Rifle Factory, Ishapore (a Unit of
Advanced Weapons and Equipment India Limited), a
Government of India Enterprise situated at Ichapur, PO Ichapur-
Nawabganj, District- 24- Parganas (North), Pin- 743144.
.........Respondents
For The Applicant(s): Mr. P. C. Das, Counsel
Ms. T. Maity, Counsel
For The Respondent(s): Mr. T. K. Chatterjee, Counsel
O R D E R (ORAL)
Per: Hon'ble Suchitto Kumar Das, Administrative Member The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
"a) Leave may be granted to the applicants to file this application jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 as the applicants have a common grievance and they are aggrieved for not getting the revised Grade Pay of Rs. 4600 in the pay band PB-2 instead of 4200 and re-fixation of 1st MACP in the Grade Pay of Rs. 4800/- instead of Rs. 4600/- in respondent of the Junior Hindi 4 OA 1954/2021 Translator/ Junior Translation Officer despite the orders passed by the different benches of this Hon'ble Tribunal and the Hon'ble High Court and subsequently upheld by the Hon'ble Supreme Court.
b) To pass an appropriate order directing upon the respondents to grant the Grade Pay of Rs. 4600/- with effect from 01.01.2006 on the basis of OM dated 13.11.2009 issued by the Ministry of Finance, Department of Expenditure, Implementation Cell in the light of the various decision passed by the different benches of this Hon'ble Tribunal and the Hon'ble High Court and subsequently upheld by the Hon'ble Supreme Court being Annexure A-6 to A-15 of this original application by setting aside and quash the impugned orders appearing at Annexures A-16 collectively of this OA.
c) To pass an appropriate order directing upon the respondents to grant revised Grade Pay of Rs. 4600/- in the pay band PB-2 instead of Rs.
4200 and re-fixation of 1st MACP in the Grade Pay of Rs. 4800/- instead of Rs. 4600/- in favour of the present applicant along with all consequential benefits with effect from the respective dates of their entitlement in the light of the various decision passed by the different benches of this Hon'ble Tribunal and the Hon'ble High Court and subsequently upheld by the Hon'ble Supreme Court being Annexure A-6 to A-15 of this original application.
d) To declare that the applicants are entitled to get the revised Grade Pay of Rs. 4600/- in the pay band PB-2 instead of Rs. 4200 and re- fixation of 1st MACP in the Grade Pay of Rs. 4800/- instead of Rs. 4600/- in favour of the present applicant along with all consequential benefits with effect from the respective dates of their entitlement in the light of the various decision passed by the different benches of this Hon'ble Tribunal and the Hon'ble High Court and subsequently upheld by the Hon'ble Supreme Court being Annexure A-6 to A-15 of this original application by setting aside and quash the impugned orders appearing at Annexures A-16 of this OA dated 01.11.2021, 29.10.2021."
2. For the sake of clarity, facts in the case are delineated and discussed hereinunder :-
The applicants were appointed to the post of Junior Hindi Translator/ Junior Translation Officer with effect from 29.09.2000 onwards and are presently working under the Government of India, Ministry of Defence under the control of the Director, Director of Ordnance (Coordination & Services), Department of Defence Production. The grievances of the applicants are that they are not getting the revised Grade Pay of Rs. 4600/- in PB-II instead of Rs.
4200/- and re-fixation of 1st MACP in the Grade Pay of Rs. 4800/- instead of Rs. 4600/-.5 OA 1954/2021
3. Learned Counsel for the applicants submits that in spite of specific instructions in the office memo issued by the Ministry of Finance, Department of Expenditure, Implementation Cell dated 24.11.2008 and subsequent Corrigendum dated 27.11.2008 and 13.11.2009, the applicants did not get the revised pay structure of grade pay of Rs. 4600/- in pay band PB-II instead of Rs. 4200/- and also did not get the benefit of 1st MACP in the Grade Pay of Rs. 4800/- instead of Rs. 4600/-.
3.1 Learned Counsel for the applicants submits that the applicants made applications before the concerned authority on 29.09.2020, 14.08.2020, 28.09.2020, 16.08.2020, 14.09.2020, 18.11.2020 and 08.12.2020 but the respondent authority did not consider the same and did not grant the benefit in terms of the office memo dated 24.11.2008 and subsequent corrigendum dated 27.11.2008 and 13.11.2009.
3.2 Learned Counsel for the applicants submits that Ernakulum Bench, CAT in OA no. 107 of 2011, vide order dated 27.09.2011, decided the same issue wherein the Coordinate Bench of this Tribunal specifically held that Junior Hindi Translator is entitled to get first financial upgradation in the pay scale of Rs. 9200-34800/- with Grade Pay of Rs. 4800/- with effect from 01.09.2008 and in terms of the office memo dated 13.11.2009 the pay scale of Rs. 6500- 10500/- with Grade Pay of Rs. 4200/- had been revised in respect of Junior Hindi Translator and the pay scale was revised to Rs. 7450-11500/- with effect from 01.01.2006 and the Grade Pay was enhanced at Rs. 4800/-. That order was also challenged by the Union of India before the Hon'ble High Court of Kerala at Ernakulum and the Division Bench of the Hon'ble High Court of Kerala at Ernakulam vide order dated 21.06.2012 passed an order in OP (CA) No. 467 of 2012 and upheld the order of the Tribunal. Thereafter the matter 6 OA 1954/2021 was assailed by the Union of India before the Hon'ble Supreme Court of India in Special Leave to Appeal (Civil) No. 28536 of 2012 and vide order dated 15.10.2012, the Hon'ble Supreme Court dismissed the Special Leave to Appeal filed by the Union of India and upheld the order dated 21.06.2012 passed by the Hon'ble High court of Kerala at Ernakulam.
3.3 Learned Counsel for the applicant further submits that the larger bench of the Ernakulam Bench of CAT also passed another order in OA no. 656 of 2012 dated 14.10.2013 and relied upon the earlier bench's decision as well as order of the Hon'ble High Court of Kerala at Ernakulam holding that the Junior Hindi Translators in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs. 4600/- from 01.01.2006 on the basis of the OM dated 13.11.2009.
3.4 Learned Counsel for the applicant further submits that the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 3806 of 2014 and MA No. 3291 of 2014 vide order dated 26.02.2016 also reiterated the same view as taken by the various benches of this Hon'ble Tribunal. 3.5 Learned Counsel for the applicant submits that this Tribunal in OA No. 1070 of 2012 vide order dated 08.08.2013 also issued an order in the case of Smt. Manju Dhawan -vs- Health & Family Welfare by relying upon the decisions of the various benches of this Tribunal and directed the respondents to consider her case. Ministry of Health & Family Welfare vide implementation order dated 15.01.2014 implemented such order in respect of Manju Dhawan's case and given the benefit in favour of Smt. Manju Dhawan. The Hon'ble High Court at Patna in Civil Writ Jurisdiction case No. 8459 of 2014 also decided the same issue and agreed with the solemn judgment and order dated 21.06.2012 passed by the Hon'ble High Court of Kerala at Ernakulam in 7 OA 1954/2021 OP (CAT) No. 467 of 2012. Central Administrative Tribunal, Madras Bench in original Applications No. 310/01419 and 01459 of 2019 vide order dated 23.11.2016 also decided the same issue and held that Junior Hindi Translator is entitled to get the 1st financial upgradation in the pay scale of Rs. 9300- 34800/- with Grade Pay of Rs. 4800/- with effect from 01.09.2008 under MACP Scheme. The Division Bench of this Tribunal in OA No. 350/564/2014 in the case of Manohar Kumar-vs- Union of India & Ors. vide order dated 05.03.2020 also decided the same issue and relied upon the decisions of the various benches of this Tribunal and also relied upon the decisions of the Hon'ble High Courts and Hon'ble Supreme Court in the case of Union of India & Ors. -vs- T.P. Leena reiterated the same and held that the Junior Hindi Translators in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs. 4600/- from 01.01.2006 on the basis of the OM dated 13.11.2009 and this Tribunal allowed the said original application by directing the respondents that the same benefit may be given in respect of such applicant.
4. Per contra, Learned Counsel for the respondents submits that in pursuance to Ministry of Finance, Department of Expenditure OM dated 24.11.2008 and 27.11.2008, the respondent no. 2 revised the pay scales of the Junior Hindi Translators and placed them in Grade Pay of Rs. 4200/-. Ministry of Finance, Department of Expenditure vide OM dated 13.11.2009 clarified quoting Part B of GSR. 622 € dated 29.08.2009 [CCS (RP) Rules, 2008] that the posts which were in the pre-revised scale of Rs. 6500-10500/- as on 01.01.2006 and which were granted the normal replacement pay structure of grade pay of Rs. 4200/- in the pay band PB-2, will be granted grade pay of Rs. 4600/- in the pay band PB-2.
8 OA 1954/20214.1 Learned Counsel for the respondents submits that the respondent no. 2, after considering the matter in totality, had issued respective reasoned speaking orders dated 22.10.2021 to the applicants regretting their requests for grant of pay-scale equivalent to pay scales of Rs. 7450-10500/- with upgraded Grade Pay of Rs. 4600/- w.e.f. 01.01.2006. On a reference from the respondent no. 2, the Ministry of Defence, Department of Defence Production, the respondent no. 1, vide MOD ID No. 45(1)/2022-D(Estt./NG) dated 07.07.2022 clarified the following :
"2. .........................
(i) .................. the DoE, MoF notified the following revised pay structure in r/o Jr. Translator of Official Language cadre.
Designation Recommended Corresponding Corresponding Pay Scale Pay Band Grade Pay Jr. Translator Rs. 6500-10500 PB-2 Rs. 4200
(ii) DoPT vide OM dated 19.09.2013 has also communicated Pay Scale PB-2 Grade Pay Rs. 4200 for Jr. Translator of Official Language Cadre.
xxxxxxxxx xxxxxxxxx xxxxxxxxx (iv) Accordingly, 1st MACP for Junior Translator as per DoPT Guidelines dated
19.05.2009 will be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay."
4.2 Learned Counsel for the respondents further submits that the office of Principal Controller of Accounts (Fys), Kolkata vide letter dated 08.07.2022 clarified the following :-
".........................................
(i) .......................as per MoF OM dated 13.11.2009 the posts which were in the pre-revised scale of Rs. 6500-10500 as on 01.01.2006 and which were granted the normal replacement pay structure of Grade Pay of Rs. 4200/- in the pay band PB-2, will be granted Grade Pay of Rs. 4600/- in the PB-2 corresponding to pre-revised scale of Rs. 7450-11500/- w.e.f. 01.01.2006.
However, in the instant case, JTOs (Jr. Translation Officers) were drawing the pay scale of Rs. 5000-8000 prior to 01.01.2006 which were upgraded to Rs. 6500-10500/- w.e.f. 01.01.2006 and granted replacement scale of PB-2 with Grade Pay Rs. 4200/-. Since JTOs were not originally holding/ drawing the pay scale of Rs. 6500-10500 as on 01.01.2006, this office is of the view that they are NOT eligible for Grade Pay of Rs. 4600/- in terms of MoF OM dated 13.11.2009."
9 OA 1954/2021Learned Counsel for the respondents submits that in view of these clarifications the applicants holding the post of Jr. Translation Officers are not eligible for Grade Pay of Rs. 4600 w.e.f. 01.01.2006 in terms of Ministry of Finance OM dated 13.11.2009. Since the applicants are not eligible for upgradation to Grade Pay of Rs. 4600/- as on 01.01.2006 in terms of Ministry of Finance OM dated 13.11.2009, the question of merging of Jr. Translation Officer post with existing post of Sr. Translation Officer ( in pre-revised scale of Rs. 7450-11500) does not arise at all.
4.3 Learned Counsel for the respondents submits that order/ verdict of the Hon'ble Apex Court, Hon'ble High Court and different benches of Hon'ble Tribunal given in favour of the applicants therein were not 'in rem' but 'in personam'.
4.4 Learned Counsel for the respondents submits that DoPT vide OM dated 19.09.2013, while issuing the Model Recruitment Rules (RR) for various posts in Official Language Cadre, clarified that in light of the 6th CPC recommendations and Ministry of Finance, Department of Expenditure, clarification issued vide aforesaid OM dated 24.11.2008 and 27.11.2008, the designation with pay scale for various posts in Official Language Cadre in the subordinate offices shall be as below :-
Sr. No. Designation Pay Scale
1 Jr. Translator PB-2 GP Rs. 4200
4.5 Learned Counsel for the respondents submits that a cadre review proposal of Central Secretarial Official Language Service (CSOLS) cadre proposed by Department of Official Language, Ministry of Home Affairs, was approved by Department of Expenditure vide their ID dated 29.07.2011 10 OA 1954/2021 where the pay scales of Senior Translation Officer (earlier known as Sr. Hindi Translator) and Junior Translation Officer (earlier known as Jr. Hindi Translator) have been categorically mentioned as "PB-2 Rs. 4600/-" and "PB-2 Rs. 4200/-" respectively. As the above said approval of cadre review was given well after the aforesaid Ministry of Finance, Department of Expenditure, OM dated 13.11.2009 was issued, it is clear that the upgradation benefits underlined in the said Ministry of Finance OM dated 13.11.2009 was not applicable to Official Language cadre.
4.6 According to the Learned Counsel for the respondents, in view of the above submissions the benefit of granting 1st MACP further in Grade Pay Rs. 4800/- instead of Rs. 4600/- does not stand in respect of the applicants who are holding the post of Jr. Translation Officer (JTO) in the pay scale of PB-2 Grade Pay Rs. 4200/- Since all the applicants are currently holding the post of Jr. Translation Officer, which carries the pay scale of Level-6 (as per 7th CPC pay scale) [or Grade Pay Rs. 4200 (as per 6th CPC pay scale)], hence as per DoPT guidelins dated 19.05.2009 (revised vide DoPT OM dated 22.10.2019 following implementation of 7th CPC pay scale) regarding grant of MACPs, the Jr. Translation Officers are entitled only to get the immediate next Pay level in the Pay Matrix i.e.,. in Level -7 [or grade pay of Rs. 4600/- (as per 6th CPC pay scale)] in the hierarchy at the time of their grant of 1st MACP.
5. Heard Learned Counsel for the parties. Perused the documents on record.
5.1 The applicants have primarily relied on the judgment of the Coordinate Bench at Ernakulam in OA no. 107 of 2011 which was upheld by the Hon'ble High Court of Kerala and the Hon'ble Supreme Court. On a perusal of the 11 OA 1954/2021 aforesaid judgment of the Coordinate Bench, it is observed that the applicant thereon had been appointed in 1990 and by virtue of upgradations in the pay scales of Rajbhasha staff as well as on account of the benefit of 1st financial upgradation under ACP scheme of 1999, she was drawing pay in the scale of Rs. 5500-9000/- whereas in the instant case the applicants were appointed in the year 2000 or later. The applicant in OA no. 107 of 2011 claimed the first and second financial upgradation under MACP scheme of 2009 ignoring the first financial upgradation she received in the year 2002. Her application was allowed by the Coordinate Bench at Ernakulam which relied on clause 5 of the MACP scheme and this decision was upheld by the Hon'ble High Court of Kerala and the Hon'ble Supreme Court.
5.2 In the instant case, the applicants having joined service in the year 2000 were drawing pay in the scale of Rs. 5000-8000/- before the implementation of the 6th CPC recommendations w.e.f. 01.01.2006 unlike the applicant in OA no. 107 of 2011 who was already drawing a pay in the scale of Rs. 5500- 9000/- immediately before 01.01.2006 on account of her having availed one financial upgradation under ACP scheme. This is a crucial difference which distinguished the judgments in OA no. 107 of 2011 of Ernakulam Bench, OP (CAT) No. 467 of 2012 in Hon'ble High Court of Kerala and SLP no. 28536 of 2012 in the Hon'ble Supreme Court. Learned Counsel for the applicants have relied upon the judgment of the Ernakulam Bench of CAT in OA no. 107 of 2011 upheld by the Hon'ble High Court and the Hon'ble Supreme Court. It is also noted here that a number of clarifications/ instructions were issued by the Department of Expenditure (DoE) and DoPT after the matter in OA no. 107 of 2011 reached finality after the Hon'ble Supreme Court's order on 15.10.2012. It is possible that these clarifications were not brought to the 14 OA 1954/2021 have been granted Grade Pay of Rs. 4600 in the pay band PB-2. The post of Junior Hindi Translator was not in the pre-revised scale of Rs. 6500-10500 as on 1.1.2006, but in the pre-revised scale of Rs. 5500-9000/-. Therefore, the provisions of the OM dated 13.11.2009 is not applicable in the case of Junior Hindi Translator in this case. While considering the official language posts in the Commissionerates under CBEC as per Department of Expenditure's OM dated 24.11.2008 (read with OM dated 27.11.2008), the post of Junior Hindi Translator in all the Commissionerates under CBEC would be in the pay structure of PB-2 with Grade Pay of Rs. 4200/-."
2. All the Commissionerates are requested to strictly abide by the above instructions." 5.4 The letter of DoPT dated 19.09.2013 and the clarification of DoE quote above leave no scope for a doubt as to the applicability of the provisions of DoE's letter of 13.11.2009 to the Junior Hindi Translators who are clearly not entitled to the Grade Pay of Rs. 4600/- as on 01.01.2006. Consequently, they are not entitled to the Grade Pay of Rs. 4800/- on their first financial upgradation under MACP Scheme. In our considered opinion, the claim of the applicants is without any merit.
6. OA stands dismissed being devoid of merit. MA(s), pending if any, also stands dismissed. No costs.
(Suchitto Kumar Das) (Jayesh V. Bhairavia) Administrative Member Judicial Member sl