Central Administrative Tribunal - Delhi
K L Saini vs M/O Communications on 24 April, 2023
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Item No. 23/C-5 OA 1331/2015
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 1331/2015
This the 24th day of April, 2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
1. K. L. Saini,
S/o Late Shri R. C. Saini, Aged about 54 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal (M.P.)
Resident of 22 GX, Saurabh Nagar, Rajharsh Colony,
Kolar Road, Bhopal (M.P.)
2. Vivek Munje
S/o Late Shri Vasant Mujne, Aged about 54 Years,
Working as Assistant Accounts Officer (Adhoc)
In the office of Director of Accounts (Postal), Bhopal (M.P.),
Resident of E -7/ 393, Arera Colony, Bhopal (M.P.)
3. B. M. TAGDE, S/o Late Shri Mahadeo Rao Togde,
Aged about 56 years,
Working as Assistant Accounts Officer in the office of
Director of Accounts (Postal), Bhopal (M.P.),
Resident of M.F. 35/75 MIG, Near Powar House,
Nehru Nagar, Bhopal (M.P.)
4. A.S. CHOUHAN, S/o Late Shri K.R. Chouhan,
Aged about 56 years,
Working as Assistant Accounts Officer (Adhoc)
In the office of Director of Accounts (Postal),
Bhopal (M.P.),
Resident of Jr. MOG EM. -300,
Nehru Nagar, Bhopal (M.P.)
5. B.L. SAHU, S/o Late Shri M.L. Sahu,
Aged about 54 years
Working as Sr. Accountant in the office of
Director of Accounts (Postal), Bhopal (M.P.),
Resident of I -2, Sant Asha Ram Nagar,
Baghsevania, Bhopal (M.P.)
6. N.R. BABANI,
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Item No. 23/C-5 OA 1331/2015
S/o Late Shri Ladharam,
Aged about 57 years,
Working as Assistant Accounts Officer (Adhoc)
In the office of Director of Accounts (Postal),
Bhopal (M.P.),
Resident of G -2, Kamla Complex,
Plot No. 65, Vallabh Nagar,
Lalghati, Bhopal (M.P.)
7. M.A. ANSARI S/o Late Shri M.I. Ansari,
Aged about 59 years,
Working as Sr. Accountant in the office of
Director of Accounts (Postal), Bhopal,
Resident of House No. 436, Housing Board Colony,
Nariyalkheda, Bhopal (M.P.)
8. D.K. NAIK, S/o Shri H.N. Naik,
Aged about 52 years,
Working as Sr. Accountant in the office
of Director of Accounts (Postal), Bhopal (M.P.),
Resident of MIG E -16, Ganpati Enclave,
Kolar Road, Bhopal (M.P.)
9. BEN ALEXANDER,
S/o Late Shri T.I. Chandy Aged about 55 years,
Working as Accounts Officer (Adhoc)
In the office of
Director of Accounts (Postal), Bhopal (M.P.),
Resident of B -57, Fine Campus, Banjari,
Kolar Road, Bhopal (M.P.)
10. S.U. ANSARI, S/o Late Shri Saghir Uddin Ansari,
Aged about 55 years,
Working as Sr. Accountant in the office of
Director of Accounts (Postal), Bhopal,
Resident of 35, Balvihar Masjid Nastarabanu Road,
Bhopal (M.P.)
11. JAGDISH GAJBHIYE,
S/o Late Shri Tikaram Gajbhiye,
Aged about 55 years,
Working as Assistant Accounts Officer (Adhoc)
In the office of Director of Accounts (Postal),
Bhopal (M.P.), Resident of 445, Rohit Nagar,
Phase I, E- 8 Extantion, Bhopal (M.P.)
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Item No. 23/C-5 OA 1331/2015
12. S.M. ALI,
S/o Late Syed Yousuf Ali, Aged about 56 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal,
Resident of House No. 10, Gali Masjid Pindaran,
Ghora Nakkas, Bhopal (M.P.)
13. S.A. ALI, S/o Shri Syed Hafiz Ali,
Aged about 56 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal,
Resident of H. No. 37, East Pani Ki Chakki, Kamla
Park, Bhopal (M.P.)
14. ABDUL HAMEED, S/o Late Shri Abdul Haleem,
Aged about 55 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal (M.P.),
Resident of H. No. 100, P.G.B.T. College Road,
Near Sultania Infantory, Teelajamalpura, Bhopal(M.P.)
15. SMT. VIJAYA KANETKAR,
W/o Mukul Manohar Kanetkar, Aged about 56 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal,
Resident of JH 20, Block 14, Sahyadri Enclave,
Bhadbhada Road, Bhopal (M.P.)
16. BABULAL MEENA, S/o Shri Parasram Meena,
Aged about 49 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal,
Resident of House No.11, Gali No. 01, Koch Factory
Road, Dwarka Nagar, Bhopal (M.P.)
17. SMT. VALSA MATHEW,
W/o Mathew John, Aged about 54 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal,
Resident of House No. 3, Snehnagar, Misrod P.O.
Hoshangabad Road, Near Vrindavan Garden,
Bhopal (M.P.)
18. SMT. LEELA NAIR,
W/o M. Narayanan Nair,
Aged about 56 years
Working as Sr. Accountant in the office of Director of
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Item No. 23/C-5 OA 1331/2015
Accounts (Postal), Bhopal,
Resident of Sr. MIG 233, Ashoka Estate,
Near Apsara Talkies, Raisen Road,
Govindpura, Bhopal (M.P.)
19. R.K. SONI, S/o Shiv Prasad Soni,
Aged about 56 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal, Resident of BX 92,
Rajharsh Colony, Near Akbarpur, Kolar Road,
Bhopal (M.P.)
20. MADANLAL
S/o Late Shri Chhaganlal
Aged about 56 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal, Resident of AN 69,
Rajharsh Colony, Kolar Road, Bhopal
21. SUDESH CHAUDHARY
S/o Late Shri V.N. Chaudhary,
Aged about 47 years,
Working as Assiss. Accounts Officer (Adhoc)
In the office of Director of Accounts (Postal), Bhopal,
Resident of 41, Sal Chhaya, Indus Umang,
Ayodhaya Nagar, Bhopal (M.P.)
22. SMT. SHARDA WAGHIVIARE,
W/o Late Shri Kishore Khaire,
Aged about 57 years,
Working as Sr. Accountant in the office of
Director of Accounts (Postal), Bhopal,
Resident of Jr. HIG 148, L -Sector,
Ayodhaya Nagar, Bhopal
23. PRAKASH NARAIN GALGALE,
S/o Late Shri Narain Rao Galgale,
Aged about 58 years,
Working as Asstt. Accounts Officer in the office of
Chief Post Master General, M.P. Circle, Bhopal
Resident of H -4, Shalimar Park, Kolar Road, Bhopal
24. D.K. ROONDHE, S/o Late Shri C.G. Roondhe,
Aged about 58 years,
Working as Sr. Accountant in the office of Director of
Accounts (Postal), Bhopal,
Resident of 44, D.K. Honey Homes,
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Item No. 23/C-5 OA 1331/2015
Kolar Road, Bhopal
25. B.S. SHARMA,
S/o Shri S.S. Sharma,
Aged about 59 years,
Working as Asstt. Accounts Officer in the office of
Director of Accounts (Postal), Bhopal
Resident of MIG 12/4, Ajanta Complex, B -Sector,
Indrapuri, Bhopal
26. B.S. FUNKWAL, S/o Late Shri S.D. Funkwal,
Aged about 58 years,
Working as Sr. Account Officer in the office of Chief
Post Master General, M.P. Circle, Bhopal,
Resident of 03, Indus Umang, Near Jain Mandir,
Ayodhaya Nagar, Bhopal
27. RAKESH KUMAR SHRIVASTAVA,
S/o Late Shri M.L. Shrivastava,
Aged about 55 years,
Working as Asstt. Accounts Officer in the office of
Controller of Communication Accounts, M.P. Telecom
Circle, Bhopal
Resident of H. No. 17 -A, Neelam Colony,
Jahangirabad, Bhopal
28. R.K. NEMA,
S/o C.S. Nema,
Aged about 54 years,
Working as Asstt. Accounts Officer in the office of
Controller of Communication Accounts,
M.P. Telecom Circle, Bhopal
Resident of M -239, Rajharsh Colony, Nayapura,
Kolar Road, Bhopal (M.P.)
29. SANTOSH BALMIK,
S/o Late Shri Babulal,
Aged about 59 years,
Working as Dy. C.C.A. in the office of Controller of
Communication Accounts, M.P. Telecom Circle,
Bhopal Resident of M -103, BDA Colony,
Near Rajiv Rosery, LaIghati, Bhopal
30. SMT. RACHEL BABU THOMAS,
W/o Babu Thomas, Aged about 58 years,
Working as Asstt. Accounts Officer in the office of
Controller of Communication Accounts,
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Item No. 23/C-5 OA 1331/2015
M.P. Telecom Circle, Bhopal
Resident of Rose Villa -4, Indus Garden, E -8
Extension, Arera Colony, Bhopal (M.P.)
...Applicants
(By Advocate : Ms. Sumita Hazarika)
Versus
1. UNION OF INDIA,
Represented by the Secretary to Government of India
Ministry of Communication & Information Technology,
Electronics Niketan
6, CGO Complex, Lodhi Road,
New Delhi-110003
2. DIRECTOR GENERAL (POST))
Department of Post, Dak Bhavan, Sansad Marg,
New Delhi
3. SECRETARY EXPENDITURE DEPARTMENT
Ministry of Finance,
Department of Economic Affairs, North Block,
New Delhi 110001
4. DIRECTOR OF ACCOUNTS (POSTAL)
Dak Bhavan, IVth Floor,
Bhopal, MP-462027
5. CHIEF POST MASTER GENERAL
M.P. Circle, 1st Floor, Dak Bhawan, Bhopal
6. SECRETARY, TELECOMMUNICATIONS
Department of Telecommunication, Sanchar Bhawan,
20 Ashoka Road, New Delhi - 110001
7. CONTROLLER OF COMMUNICATION ACCOUNTS
Ministry of Communications & Information Technology
(M.P. Circle)
First Floor, Door Sanchar Bhawan, Hoshangabad Road,
Bhopal - 462015
...Respondents
(By Advocate : Mr. Gyanendra Singh)
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Item No. 23/C-5 OA 1331/2015
ORDER (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A) Vide the present OA, the applicants seek the following reliefs:-
"(a) The Respondents be directed to pay to the applicants replacement scales on actual basis from 01.01.1996 as has been given to other similarly placed employees in view of the decision of the respondents granting notional benefit from 01.01.1996 till the date of decision i.e. 18.02.2003 having been declared as bad in law and consequently the same having been set aside; and
(b) Pass such other order or orders as this Hon'ble Tribunal deems fit and proper in the interest of justice."
2. At the outset, learned counsel for the applicants submits that the issue at stake in the present OA is fully covered by the judgement of a coordinate bench of this Tribunal dated 16.08.2022 passed in a bunch of OAs, i.e., OA No. 795/2015 along with OA No. 1498/2015 and OA No. 1735/2015.
3. We have gone through the order being referred to as identical to the present OA. We find that there is a striking similarity between these OAs. Not only are the facts and circumstances identical and but so are the issues and reliefs. Learned counsels confirm that in view of the aforesaid order dated 16.08.2022, the present OA also deserves to be decided upon similar lines.
8 Item No. 23/C-5 OA 1331/20154. Learned counsel for the respondents draws our attention to an order passed in OA No. 2544/2015 decided on 21.03.2023 by this very bench of this Tribunal. The said OA too bears identical issues and reliefs. He further submits that the issue is also being agitated in Hon'ble Apex Court vide SLP No. 05/2021. Therefore, the relief, if granted, shall be subject to the outcome of the said SLP.
5. While recording the submission of the learned counsel, it would be appropriate to quote the order dated 16.08.2022 passed in the aforementioned bunch of OAs verbatim:-
"Learned counsels for the parties submits that the issue involved in all the aforesaid three O.As are identical, the facts are same and therefore, with the consent of the learned counsels for the parties, the aforesaid three OAs have been heard together and are being decided by the instant common order. However for convenience of writing this order the facts have been taken from O.A. No. 795/2015. The applicant seek the following reliefs :-
"(a) The Respondents be directed to pay to the Applicants replacement scales mentioned in Railway Board's order dated 07.03.2003 on actual basis from 01.01.1996 as has been given to other similarly placed employees in view of the order passed by the Respondents dated 28.02.2003 granting notional benefit from 01.01.1996 till the date of decision i.e.18.02.2003 as bad in law and consequently the same having been set aside; and
(b) Pass such other order or orders as this Hon'ble Tribunal deems fit and proper in the interest of justice."
2. The brief facts of the case are that over-ruling the recommendations of the 5th Pay Commission the Government had decided to grant upgraded pay scale to the officials of the Accounts Cadre of the respondents department w.e.f. 18.02.2003. The applicants are aggrieved that since the recommendations of the Pay Commission were implemented w.e.f. 01.01.1996 they too should be granted the actual pay scale w.e.f. such date as it has been granted to others.
9 Item No. 23/C-5 OA 1331/20153. Learned counsel for the applicant draws attention to various other instances wherein similarly placed officials who approached this Tribunal and other legal forums, on success, were granted the upgraded pay scale w.e.f 01.01.1996. She argues that denial of the same to the applicants amounts to discriminatory treatment. She also draws attention to the order passed by the Hon'ble Apex Court in SLP No. 1587-1588/2014 in which the order of this Tribunal granting upgraded pay scale w.e.f. 01.01.1996 was challenged by the Union of India, but the same was dismissed. The Hon'ble Court while affirming the relief given to the party had held that without prejudice to the rights of the others, their cases shall be decided on their own merits. Learned counsel further finds support in the judgment rendered by this Bench of the Tribunal on 13.02.2022 in O.A. No. 763/2015 in which similarly placed applicants were awarded the upgraded pay scales from 01.01.1996. While rendering the aforesaid judgment the Tribunal had also directed the respondents to calculate the arrears admissible to the applicants w.e.f. 01.01.1996 to 18.02.2003 and pay the same to the applicants within a period of 12 weeks failing which they shall be liable to pay simple interest at the rate of 6% p.a. Learned counsel argues that since the issue has been fully and finally settled, there is no reason to deviate from the same in the instant case as the facts and circumstances are identical.
4. Further she draws attention to the judgment passed by the Hon'ble High Court of Delhi in WP (C) No. 1523/2016 wherein the All India Railway Accounts Staff Association had challenged the orders of this Tribunal in a few O.A.s wherein the Tribunal had held that there was no hostile discrimination against the applicants and once a policy decision had been taken by the Government to grant the upgraded pay scale from 18.02.2003, the applicants could not claim the upgraded pay scales from 01.01.1996 as a matter of right, especially when the Pay Commission had not recommended the same. However, while quashing the orders of this Tribunal, the Hon'ble High Court vide the order dated 18.01.2019 in the aforesaid Writ Petition clearly directed that the pay scale is to be granted from 01.01.1996 and further directed that the same be granted along with the arrears within a period of 12 weeks, failing which the petitioners in the WP(C) shall be entitled to a simple interest of 6% p.a. and such arrears. The said judgment of the Hon'ble High Court has been followed in letter and spirit in the order of this Tribunal dated 03.03.2022 in O.A. No. 763/2015 which has already been quoted above.
5. Although the learned counsel for the respondents argues on the basis of the averments he has made in his counter reply that it was a conscious decision of the Government to grant the enhanced pay scales from the date such decision was taken and only notional benefits of the upgraded pay scales was to be given from 01.01.1996 hence the applicants are not deserving of the present reliefs. He reiterates that the upgraded pay scale has not been recommended by the Pay Commission and was awarded to the applicants only by way of an administrative decision of the Government, therefore, it could not be applied retrospectively.
6. We have heard the learned counsel for the parties and gone through the documents on record.
10 Item No. 23/C-5 OA 1331/20157. The matter has been agitated up to the level of Hon'ble Apex Court. It is not in dispute that quite a few other similarly placed officials have already been awarded the benefit of upgraded pay scale along with arrears w.e.f. 01.01.1996, the date on which the recommendations of the 5th Pay Commission were implemented. Moreover, the grant of this benefit along with arrears has been both on account of a direction of various Courts as also on their own initiative by the Government in certain cases. In O.A. No. 763/2015 which has already been referred to twice in the preceding paragraphs of this judgment, the Tribunal has clearly awarded this benefit in absolutely identical facts and circumstances. The judgment of this O.A further draws strength from the judgment of the Hon'ble High Court of Delhi in WP(C) No. 1563/2015. There being no ambiguity in the said orders we have no cause to hold a different view in the instant matter.
8. Accordingly, the OA is allowed with a direction to the Competent Authority amongst the respondents to grant the upgraded pay scales to the applicants w.e.f. 01.01.1996 along with arrears within a period of 12 weeks from the date of this order failing which they shall be liable to pay the arrears along with a simple interest of 6% p.a. The Competent Authority amongst the respondents is also directed to take a conscience view to grant the said relief in the form of upgraded pay scales from 01.01.1996 to all such similarly placed employees instead of compelling them to take recourse to litigation.
9. The O.A. stands disposed of in view of the aforesaid directions.
10. Pending M.A.s also stands disposed of accordingly."
7. Since we have already established a striking similarity between the issues, there is no cause for us take a view which could be divergent. Accordingly, the OA is allowed with a direction to the Competent Authority amongst the respondents to grant the upgraded pay scales to the applicants w.e.f. 01.01.1996 along with necessary arrears.
These directions shall be complied within a period of 12 weeks from the date of receipt of a certified copy of this order.
11 Item No. 23/C-5 OA 1331/20158. In the event of default in adhering to the time allowed, the applicants shall also be entitled to the payment of simple interest upon the principal amount at the rate of 6% per annum.
9. Since the matter is being agitated in the Hon'ble Supreme Court, the OA stands allowed subject to the outcome in the Hon'ble Apex Court.
There shall be no order as to costs.
(Pratima K. Gupta) (Tarun Shridhar) Member (J) Member (A) /akshaya/