Central Administrative Tribunal - Hyderabad
G Arjuna vs M/O Defence on 13 September, 2021
OA/707/2015
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
HYDERABAD
OA/020/707/2015
Date of CAV : 31.08.2021
Date of Pronouncement : 13.09.2021
Hon'ble Mr. Ashish Kalia, Judl. Member
Hon'ble Mr. B.V. Sudhakar, Admn. Member
1. G.Arjuna, S/o late G.Sathyam, aged 33 years,
2. Polireddi Satyanarayana, S/o Atchanna, aged 51 years,
3. Annam Reddy Devudu Babu, S/o Challayya, aged 41 years,
4. Annam Venkata Srinivasa Rao, S/o Obulaswamy, aged 32 years,
5. Adari Nooka Appanna Babu, S/o Appa Rao, aged 37 years,
6. P.Narayan Rao Peethala, S/o P.Jaganatha Rao, aged 36 years,
7. Mudunuru Eswara Raju, S/o M.Soma Raju, aged 33 years,
8. Yellanki Ram Madan Gandhi, S/o Y.Raju Babu, aged 33 years,
9. Surisetty Rama Veera Appalla Raju, S/o S.Appa Rao, aged 33 years,
10. Kotapalli Kondala Rao, S/o K.Appal Rao, aged 39 years,
11. Ealleti Venkata Sreenivasa Rao, S/o Satyam, aged 46 years,
12. Kuppili Madhava Rao, S/o late Kesava Rao, aged 45 years,
13. Surisetti Babji, S/o Matha Rao, S/o Matha Rao, aged 40 years,
14. Gumpini Venkata Rao, S/o G.Appa Rao, aged 32 years,
15. Nadupuri Ganesh, S/o late N.Ramu, aged 37 years,
16. Kaki Somaraju, S/o K.Viswanadham, aged 34 years,
17. Palleti Jagapati Rao, S/o P.Suba Rao, aged 37 years,
18. Kakarlapudi Chiranjeevi, S/o K.Ramachandra Raju, aged 34 years
19. Patta Satyanarayana, S/o Suryanarayana, aged 38 years,
20. N.V.Satyanarayana, S/o N.L.Rao, agd 34 years,
21. Bellamkonda Subhash, S/o B.Narayana Raju, aged 33 years,
22. Balla Ravi, S/o B.Nagaraju, aged 32 years,
23. Gorli Kanna Babu, S/o Ithanna, aged 46 years,
24. Boddeti Koteswara Rao, S/o B.T.Naidu, aged 33 years,
25. B.Perraju, S/o B.Atchaiah, aged 35 years,
26. G.Srinivasa Rao, S/o G.Ramana, aged 38 years,
27. Ch.Narasinga Rao, S/o Appala Naidu, aged 38 years,
28 Petla Raja Babu, S/o P.Appala Naidu, aged 34 years,
29. Sinthala Tirupathi, S/o S.Venkatayya, aged 45 years,
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OA/707/2015
30. Malladhi Nageswara Rao, S/o M.Rama Rao, aged 32 years,
31. Karri Sanyasi Raju, S/o Karri Ramana, aged 41 years,
32. Om Prakash Sharma, S/o Shivnath Sharma, aged 48 years,
33. Boddapalli Tata Rao, S/o Ramunaidu, aged 34 years,
34. Chiratana Gandla Sateesh, S/o Ch.Sankar Rao, aged 33 years,
35. Kanta Ravi Kumar, S/o Sanyasi, aged 37 years,
36. Gude Bhaskar Rao, S/o G.Laxmana Rao, aged 33 years,
37. Kotana Naga Raju, S/o Appala Naidu, aged 39 years,
38. Konipilli Adinooka Raju, S/o K.Polayya, aged 34 years,
39. Pakalapati Sudheer Varma, S/o P.A.K.Varma, aged 32 years,
40. Vechlapu Balaram Naidu, S/o V.Satyam, aged 36 years,
41. Kodi Srinivasa Rao, S/o Kodi Appalakonda, aged 37 years,
42. P.Ramesh, S/o Nooka Raju, aged 43 years,
43. U.S.Yadav, S/o R.N.Yadav, aged 43 years,
44. N.S.Venugopal, S/o Krishna Murthy, aged 46 years,
45. D.Ravi Eswara Rao, S/o Rama Rao, aged 42 years,
46. B.Hari Babu, S/o Babu Rao, aged 45 years,
47. Dogga Arjuna, S/o Sanyasi, aged 34 years,
48. Adurthi Ganesh, S/o A.Venkata Ramana, aged 32 years,
49. Gantla Appala Raju, S/o Demudu, aged 34 years,
50. R.K.Gaur, S/o Sudama Gaur, aged 48 years,
51. Sunkari Lakshmana Rao, S/o Atchiyya, aged 39 years,
52. M.Purusothaman, S/o Manohar, aged 50 years,
53. A.Pradeep, S/o Chiranjeevi, aged 26 years
54. Alla Kumar, S/o late Jagaratnam, aged 51 years,
55. Kona Srinivas, S/o Nooka Raju, aged 41 years,
56. Bodumu Raja, S/o late Hari, aged 41 years,
57. M.Vijaya Kumar, S/o Joseph, aged 48 years,
58. K.Ravi Kumar, S/o Appa Rao, aged 32 years,
59. Ch.Prabhakara Rao, S/o V.Raghavayya, aged 40 years,
60. G.Mallikarjuna Rao, S/o Kondayya, aged 26 years,
61. G.Raja Gopal, S/o Chitti Babu, aged 28 years,
62. P.Vijaya Kumar, S/o P.M.A.D.Raju, aged 40 years,
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63. Soppa Satish Kumar, S/o S.Chitti Babu, aged 33 years,
64. Pavan Kumar Saviti, S/o S.V.S.Prasada Rao, aged 27 years,
...Applicants
(All the applicants are working as Civilian Motor Drivers Ordinary Grade and
Grade-II in various establishments / units i.e., Kalyani, INS Satavahani, Material
Organisation, Visakhapatnam, Virabahu, Command Transport Works, Base
Victualling Yard, Naval Armament Depot, Naval Dockyard (Visakhapatnam),
Head Quarters Eastern Naval Command, INS Circars and SSS situated under the
control of Flag Officer Commanding-in-chief, Eastern Naval Command, Naval
base, Visakhapatnam-14.)
(By Advocate : Sri KRKV Prasad)
Vs.
1. Union of India represented by
The Secretary to Government of India,
Ministry Defence, New Delhi.
2. The Chief of Naval Staff,
Integrated Headquarters of
Ministry of Defence (Navy),
Sena Bhavan, New Delhi.
3. The Flag Officer Commanding-in-chief,
Eastern Naval Command, Naval base,
Visakhapatnam-14.
4. The Base Victualling Officer,
Base Victualling Yard,
Visakhapatnam.
...Respondents
(By Advocate: Smt. K. Rajitha, Sr. CGSC)
---
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OA/707/2015
ORDER
(As per Hon'ble Mr. Ashish Kalia, Judl. Member) The present O.A. is filed seeking the following relief:
".......to call for the records pertaining to letter No. CE/4502/VI CPC dated 28.05.2014 and declare the action of the respondents in not extending the benefit of upgraded Grade Pay of Rs.2000/- to the Civilian Motor Drivers on par with Fire Engine Drivers and not considering the representation submitted in this regard by an appropriate authority and disposing the representations vide the said letter as illegal, arbitrary and unjust and set aside the said letter, and direct the respondents to grant the benefit of upgradation from Grade Pay Rs.1900/- to Rs. 2000/- in Pay Band-I w.e.f. 01.01.2006 in terms of Govrnmnet of India, Ministry of Defence letter CP(P)/8416/FFS/ US(MP)/D (N-II)2013 dated 10.04.2013 with all consequential benefits including arrears of pay, increments and other benefits that accrue from timeto time and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case and in the interest of justice."
2. The applicants are working as Civilian Motor Drivers (CMD), Ordinary Grade with the 3rd respondent. They have joined the service between 2004 and 2013 in the pay scale of Rs.3050-4590/- ( CPC) equivalent to PB-1 Rs.5200-20200/- with Grade Pay of Rs.1900/- in VI CPC. It is submitted that the Civilian Motor Drivers have to drive heavy motor vehicles such as 4.0 tonne and 3.0 tonne lorries, 52 and above seat buses, ambulance and trailer having 10 wheels, which are loaded with very important ammunition of armed forces and those motor vehicles have t be driven in public areas, school zones, etc., while moving from one unit to other unit and, therefore, involve more risk on duty. It is further submitted that the 1st respondent vide order dated 26.7.2010 conveyed the sanction of the President for grant of upgraded pay scales to the Fire Fighting Staff in the Headquarters/ Ministry of Defence. Accordingly, their pay scales have been upgraded from Rs.1900/- to Rs.2000/-. Subsequently, 1st respondent vide order dated Page 4 of 9 OA/707/2015 26.7.2010 upgraded the pay scales of Fire Fighting Staff/ Fire Engine Drivers working in Navy to the revised pay scale of PB-1 with Grade Pay of Rs.2000/- w.e.f. 01.01.2006. By virtue of the said proceedings, the Fire Engine Drivers-I and the Fire Engine Driver-II are merged and are called as Fire Engine Drivers with revised pay scale of PB-1 with Grade Pay of Rs.2000/- w.e.f. 01.01.2006. It is submitted that the Fire Engine Drivers of the 3rd respondent command have approached the Tribunal for parity with the CMD of the same command and in pursuance of the Tribunal's orders, their pay scales have been upgraded to Rs.2000/- while leaving behind the applicants herein.
3. The respondents while contesting the Fire Engine Drivers' case in the Hon'ble Tribunal contended that the Civilian Motor Drivers have to drive Heavy Motor Vehicles in public areas, school zones etc., while moving from one Unit to other Unit and, therefore, perform more risky duties. Thus in the light of the admitted fact that the duties of the CMDs are higher and risky than Fire Engine Drivers, the CMD's working under the control of the 3a respondent supposed to be granted parity with FEDs and consequently they shall be granted upgraded pay scale of Rs.2000/-. Due to non-grant of up-graded pay scale to the applicants herein, it is clear that the applicants would be given the grade pay of Rs.2,000/- at the time of 1" MACP and 22 MACP with Grade Pay of Rs.2,400/- and 3 MACP will be in the grade pay of Rs.2800/- on completion of 10, 20 and 30 years respectively. Whereas, on enjoying the upgraded pay scale, the Fire Engine Drivers would be getting the grade pay of Rs.2400/- in first MACP, Rs.2800/- in 2nd MACP and Rs.4200/- Grade Pay in 3 MACP. Thereby, the applicants are being Page 5 of 9 OA/707/2015 deprived of monetary benefits in comparison with Fire Engine Drivers although the applicants are entitled for the benefits granted on par with the Fire Engine Drivers of 3rd Command.
4. Respondents have filed reply wherein they have stated that the Cadre of Civilian Motor Driver and the Cadre of Fire Fighting Staff (to which Fire Engine Driver belongs) are completely different and have no similarity in duties and responsibilities. The educational and other qualification for the post of Civilian Motor Driver and Fire Engine Driver are different. Whereas, the experience of driving heavy vehicles required for the post of Civilian Motor Driver is only one year, the requisite qualification for the post of Fire Engine Driver is three years. In addition, the eligibility for the post of Fire Engine Driver also requires a specified fitness level in addition to driving experience. The comparative statement of the essential and desirable posts of Civilian Motor Driver(Annexure-I) and Fire Engine Driver(Annexure-II) is as under:-
Fire Engine Driver Civilian Motor Driver
a) Essential Qualifications
(i) Middle School examination passed or (i) Must possess a driving license for its equivalent Heavy Motor Vehicles
(ii) At least 3 years experience in (ii) One year's practical experience in driving heavy vehicles with valid heavy Heavy Motor Vehicles (HMVs) driving. vehicle driving license.
b) Desirable Qualifications
(i) Should be familiar with maintenance (i) Middle School standard pass or and operation of fire appliances equivalent Note: Now Matriculation or its Page 6 of 9 OA/707/2015 equivalent
(ii) Experience in Civil or Defence Fire (ii) Knowledge of first line maintenance. Brigade
(iii) Should have passed general fire fighting course.
c) Other criteria:
Must be physically fit and should have passed physical and endurance tests as Nil mentioned below:
Physical Test
i) Height without shoes: 165 cms
ii) Chest (unexpanded): 81.5 cms
iii) Chest (expanded): 86 cms
iv) Weight (Min) : 50 Kg Endurance Test
i) Carrying a man (Fireman lift of 63.5 kgs to a distance of 183 meters within 95 seconds)
ii) Clearing 2.7 meters wide ditch landing on both feet (long jump)
iii) climbing 3 meters vertical rope using hands and feet.
d) Promotional Avenues Only 01 promotion i.e. from FED to 03 promotions i.e. from CMD (OG) to Station Officer CMD-II, CMD-I and CMD(SG).
It can be seen from the above that the eligibility criteria for the post of Fire Engine Driver is completely different and requires higher skills and endurance to perform the duties associated with the post. The duties and responsibilities associated with the posts of Fire Engine Page 7 of 9 OA/707/2015 Driver & Civilian Motor Driver are completely different and no comparison can be drawn between these two posts.
5. Heard Sri KRKV Prasad, learned counsel for the applicant and Smt. K. Rajitha, learned Senior Standing Counsel appearing for the respondents, and perused the pleadings on record.
6. To summarise, the grievance of the applicants is that the department has already considered their case as they are driving heavy vehicles on dangerous roads also. According to them, they have to perform very stringent and risky duties. But their pay has not been upgraded to Grade Pay of Rs.2000/- whereas the same is granted to the Fire Engine Drivers. Thus, they prayed for a direction to the competent authority to consider their case. Contrary to this, Smt. K. Rajitha, learned Senior Standing Counsel appearing for the respondents took the stand that the duties and responsibilities of the posts of Fire Engine Driver & Civilian Motor Driver are altogether different. Essential and desirable qualifications and other criteria required for selection to both the posts are completely different. Unlike the Civilian Motor Drivers, the Fire Engine Drivers are part of Fire Fighting Staff. In a way, she tried to convince this Tribunal that parity cannot be claimed by the applicant when the duties, responsibilities and Recruitment Rules for both the posts are different.
7. We are in agreement with the submission made by Smt. K. Rajitha. While claiming parity, there has to be similar Recruitment Rules, duties and responsibilities. Then only one can claim that he has Page 8 of 9 OA/707/2015 been discriminated. All the more, this is a policy matter to be decided by the executives. Judiciary has a very limited role in these matters.
8. In view of the above, we find no merit in the present case and the same is liable to be dismissed. Accordingly, the O.A. is dismissed. No order as to costs.
(B.V. SUDHAKAR) (ASHISH KALIA)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
/pv/
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