Central Administrative Tribunal - Ernakulam
Dr M Mullakoya vs The Secretary Ministry Of Human ... on 4 March, 2022
-1-
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
(Circuit Court sitting at Kavaratti, Lakshadweep)
Original Application No.181/00411/2018
Original Application No.181/00418/2018
Original Application No.181/00419/2018
Original Application No.181/00469/2018
Friday, this the 4th day of March, 2022
CORAM:
HON'BLE Mr. P. MADHAVAN, JUDICIAL MEMBER
HON'BLE Mr. K.V. EAPEN, ADMINISTRATIVE MEMBER
1. Original Application No.181/00411/2018 -
T. Fathima, aged 60 years, W/o. Shamsuddin M.K.,
M.K. House, Nethaji Nagar, Olavakkode,
Palakkad -2, Pin - 678 002. ... Applicant
(By Advocate - Mr. T.A. Rajan)
versus
1. Union of India, represented by Secretary,
Ministry of Human Resources Development,
Department of School Education & Literacy,
Shastri Bhavan, New Delhi - 110 001.
2. The Administrator, Union Territory of Lakshadweep,
Kavaratti - 682 555.
3. The Director of Education, Union Territory of
Lakshadweep, Kavaratti - 682 555. ... Respondents
[By Advocates- Mr. S.R.K. Pratap, ACGSC (R1) &
Ms. Sreekala K.L. (R2 &3)]
2. Original Application No.181/00418/2018 -
Dr. M. Mullakoya, aged 63 years, S/o. Pookoya Haji,
Principal (Retired), Jawaharlal Nehru Senior Secondary
School, Kadamat, Residing at Geethanjali House,
Kadamat Island, Lakshadweep, Pin - 682 556. ... Applicant
(By Advocate - Mr. T.A. Rajan)
-2-
versus
1. Union of India, represented by Secretary,
Ministry of Human Resources Development,
Department of School Education & Literacy,
Shastri Bhavan, New Delhi - 110 001.
2. The Administrator, Union Territory of Lakshadweep,
Kavaratti - 682 555.
3. The Director of Education, Union Territory of
Lakshadweep, Kavaratti - 682 555. ... Respondents
[By Advocates- Mr. C.P. Ravikumar, ACGSC (R1) &
Ms. Sreekala K.L. (R2 &3)]
3. Original Application No.181/00419/2018 -
K.R. Venkatachalam, aged 72 years, S/o. Ramakrishnan,
Lecturer in Physics (Retired), Mahatma Gandhi Senior
Secondary School, Androth, Lakshadweep, Residing at B-7,
Coronet Manere, 39/9, Dr., Ranga Road, Mylapore,
Chennai - 600 004. ... Applicant
(By Advocate - Mr. T.A. Rajan)
versus
1. Union of India, represented by Secretary,
Ministry of Human Resources Development,
Department of School Education & Literacy,
Shastri Bhavan, New Delhi - 110 001.
2. The Administrator, Union Territory of Lakshadweep,
Kavaratti - 682 555.
3. The Director of Education, Union Territory of
Lakshadweep, Kavaratti - 682 555. ... Respondents
[By Advocates- Mr. C.P. Ravikumar, ACGSC (R1) &
Ms. Sreekala K.L. (R2 &3)]
4. Original Application No.181/00469/2018 -
K.M. Sayed, aged 63 years, S/o. Kasmi Attath,
Retired Principal, Mahatma Gandhi Senior Secondary School,
Androth, Lakshadweep, Residing at Kuttiyammukriyoda House,
Lakshadweep, Pin - 682 556. ... Applicant
-3-
(By Advocate - Mr. T.A. Rajan)
versus
1. Union of India, represented by Secretary,
Ministry of Human Resources Development,
Department of School Education & Literacy,
Shastri Bhavan, New Delhi - 110 001.
2. The Administrator, Union Territory of Lakshadweep,
Kavaratti - 682 555.
3. The Director of Education, Union Territory of
Lakshadweep, Kavaratti - 682 555. ... Respondents
[By Advocates- Mr. N. Anilkumar, Sr. PCGC (R1) &
Ms. Sreekala K.L. (R2 &3)]
These applications having been heard on 24.2.2022 and 03.03.2022,
the Tribunal on 04.03.2022 delivered the following :
ORDER
Per : Mr. P. MADHAVAN, JUDICIAL MEMBER -
The applicants have filed the OAs seeking the following reliefs:
OA No. 181-411-2018 -
"I) Call for the records leading to Annexure A12 order and set aside it.
II) Declare that the applicant's husband is entitled to get grade pay of Rs. 6600/- with effect from 1.1.2006 and direct the respondents to grant the consequential difference in pay at the earliest.
III) Declare that the applicant's husband is entitled to get 1st and 2nd financial upgradation benefits under the MACP Scheme with effect from 1.9.2008 on the basis of grade pay as Rs. 6600/- as on 1.1.2006 with all consequential benefits.
IV) Direct the respondents to revise the pension and pensionary benefits of the applicant's husband on the basis of pay arrived at on granting 1st and 2nd financial upgradation benefits under MACP Scheme and also direct to grant the consequential difference in pension and pensionary benefits.
V) Award costs of and incidental to this application.
VI) Grant such other relief, which this Honourable Tribunal may deem fit and proper in the circumstances of the case."-4-
OA No. 181-418-2018 -
"I) Call for the records leading to Annexure A12 order and set aside it.
II) Declare that the applicant is entitled to get grade pay of Rs. 6600/-
with effect from 1.1.2006 and direct the respondents to grant the consequential difference in pay at the earliest. III) Declare that the applicant is entitled to get 1st and 2nd financial upgradation benefits under the MACP Scheme with effect from 1.9.2008 on the basis of grade pay as Rs. 6600/- as on 1.1.2006 with all consequential benefits.
IV) Declare that the applicant is entitled to get third financial upgradation benefits on completion of 30 years of service based on the pay arrived at on granting 1st and 2nd financial upgradation benefit on the basis of grade pay of Rs. 6600/- as on 1.1.2006 and also directed to grant the consequential difference in pay.
V) Direct the respondents to revise the pension and pensionary benefits of the applicant on the basis of pay arrived at on granting 1st, 2nd and 3rd financial upgradation benefits under MACP Scheme and also direct to grant the consequential difference in pension and pensionary benefits. VI) Award costs of and incidental to this application. VII) Grant such other relief, which this Honourable Tribunal may deem fit and proper in the circumstances of the case." OA No. 181-419-2018 -
"I) Call for the records leading to Annexure A10 order and set aside it.
II) Declare that the applicant is entitled to get grade pay of Rs. 6600/-
with effect from 1.1.2006 and direct the respondents to grant the consequential difference in pay at the earliest. III) Direct the respondents to revise the pension and pensionary benefits of the applicant's husband on the basis of pay arrived at on granting the grade pay of Rs. 6600/- and also direct to grant the consequential difference in pension and pensionary benefits. IV) Award costs of and incidental to this application. V) Grant such other relief, which this Honourable Tribunal may deem fit and proper in the circumstances of the case." OA No. 181-469-2018 -
"I) Declare that the applicant is entitled to get grade pay of Rs. 6600/-
from 1.1.2006 to 15.2.2007 and direct the respondents to grant the consequential difference in pay at the earliest.
In alternative -5- II) Direct the third respondent to consider and dispose of Annexure A9 representation without further delay.
III) Award costs of and incidental to this application. IV) Grant such other relief, which this Honourable Tribunal may deem fit and proper in the circumstances of the case."
2. Since the dispute in all these cases relates to one and the same subject, these OAs are considered together and are being disposed of by this common order. For the sake of convenience the facts of OA No. 181-411- 2018 is taken up for consideration.
3. The applicant in OA No. 181-411-2018 is the widow of late Shamsuddin M.K. who had worked as a Principal on ad-hoc basis in the Mahatma Gandhi Senior Secondary School, Androth. He took voluntary retirement from service with effect from 1.1.2009 due to physical ailments. The applicant in this case has approached the Tribunal since her husband was not granted the Grade Pay of Rs. 6,600/- with effect from 1.1.2006 and the benefits of Modified Assured Career Progression (MACP) Scheme with all consequential benefits and pensionary benefits.
4. The applicant's husband was appointed as a Lecturer with effect from 11.12.1986 and he continued as Lecturer till 2009. He was promoted as Principal on ad-hoc basis and he voluntarily retired on 1.1.2009. Subsequent to the implementation of the Vth CPC the scale of pay of Lecturers were revised to Rs. 8,000-13,500/- with effect from 1.1.1996. Thereafter on the basis of the directions of the Tribunal, the 2nd respondent has given the Group-A gazetted status to Lecturers of Junior Colleges. The VIth CPC has -6- recommended higher start for teachers in order to attract better teachers and to retain them in Government service. Thus a Postgraduate Teacher Grade-I in the scale of pay of Rs. 8,000-13,500/- and the Vice Principal Grade-I in the scale of pay of Rs. 8,000-13,500/- were given Grade Pay of Rs. 6,600/-. In the case of Lecturers the Pay Commission recommended PB-3 pay band of Rs. 15,600-39,100/- with Grade Pay of Rs. 5,400/-. From this it can be seen that the pay was elevated in the case of Teachers but not so elevated in the case of Lecturers. The 3rd respondent thereupon issued Annexure A2 order stating that the revised pay structure mentioned in columns (5) and (6) part-B of VIth Pay Commission Column is applicable to all categories of Teachers who are analogous to the posts mentioned in column (2) and the Principals/Headmasters in all the Islands were directed to draw the salary accordingly. Based on Annexure A2 the applicant's husband also became entitled to get the Grade Pay of Rs. 6,600/-. The 3rd respondent vide Annexure A3 order has sanctioned Grade Pay of Rs. 6,600/- to Lecturers working in the pre-revised scale of pay of Rs. 8,000-13,500/-. So the applicant's husband was also given the pay scale of Rs. 6,600/- with effect from 1.1.2006. But subsequently, owing to the audit objection the 3rd respondent has issued an order on 20.2.2010 to the Principals of Jawaharlal Nehru Senior Secondary School, Kadamat and Mahatma Gandhi Senior Secondary School, Androth to reduce the Grade Pay of the Lecturers from Rs. 6,600/- to Rs. 5,400/- and to re-fix their pay with effect from the salary of February, 2010. A true copy of the said order dated 20.2.2010 is produced as Annexure A4. The applicant's husband's Grade Pay was also reduced to Rs. 5,400/-. Some of the Lecturers had challenged Annexure A4 order -7- before the Ernakulam Bench of this Tribunal by filing OA No. 155 of 2010. The Tribunal as per order dated 1.11.2012 allowed OA No. 155 of 2010 (Annexure A5). The respondents went in appeal by filing OP (CAT) No. 2475/2013. However, the OP (CAT) No. 2475/2013 was dismissed by judgment dated 29.7.2013. The said order is produced as Annexure A6. Even though the respondents have filed an SLP before the Hon'ble Supreme Court the same was also dismissed on 21.7.2014 which can be seen in Annexure A7. On dismissal of the SLP the respondents have considered the matter again and the order was implemented in respect of applicants as per order marked as Annexure A8. While the OP (CAT) was pending the respondents granted MACP to the staff working under the Department of Education as per order Annexure A9. However, applicant's husband was not granted MACP as he took voluntary retirement. According to the applicant the other Lecturers were granted MACP benefits on the basis of Grade Pay of Rs. 5,400/-. The action of the respondents in this respect is illegal. According to the applicant, her husband was also a Lecturer similarly placed as applicants in OA No. 155 of 2010 and her husband is also entitled to get the same Grade Pay of Rs. 6,600/- with effect from 1.1.2006. He is also entitled to get the MACP benefits based on the above Grade Pay and further the applicant is also entitled to get the consequential benefits in her pension and pensionary benefits of her husband. Even though the applicant has approached the 3rd respondent, the respondents in this case have not granted the same stating that the applicant was not a party to OA No. 155 of 2010 and denied the benefits.
-8-
5. The respondents entered appearance and filed a written statement admitting the service particulars of the applicants in all the cases and also admitted the filing of OA No. 155 of 2010. According to them the Hon'ble Supreme Court has dismissed the SLP filed by the respondents against the judgment in OP (CAT) stating that the law is left open. So according to them the judgment passed by the Tribunal as well as the Hon'ble High Court is a judgment in personam and the applicants cannot claim the benefits out of it. This is the most important objection raised by the counsel appearing for the respondents.
6. We have carefully gone through the order passed in OA No. 155 of 2010 - Jacob Thomas P & 13 Ors. v. Union of India & 2 Ors., which was decided on 1st November, 2012 by this Tribunal. The said OA was filed challenging the reduction of Grade Pay from Rs. 6,600/- to Rs. 5,400/- by the respondents. The Tribunal found that the pay scale and Grade Pay granted by the respondents initially prior to the issuance of the impugned orders are fully justified and legal and the audit objection as also the clarification given by respondent No. 1 is unsustainable and the Tribunal has quashed Annexures A10 and A12 orders therein. The respondents therein were directed not to truncate the pay scale or Grade Pay of the applicants therein and allow them to draw the pay scale in the scale of Rs. 15,600- 31,900/- with Grade Pay of Rs. 6,600/-. The applicants therein were Lecturers of Mahatma Gandhi Senior Secondary School, Androth. We have also gone through Annexure A6 judgment of the Hon'ble High Court in OP (CAT) No. 2475 of 2013 wherein it can be seen that the Hon'ble High Court -9- has confirmed the order of the Tribunal and dismissed the OP (CAT) and Annexure A7 is the order of the Hon'ble apex court dismissing the SLP.
7. From the above it can be seen that the Lecturers in the Mahatma Gandhi Senior Secondary School, Androth and Jawaharlal Nehru Senior Secondary School, Kadamath were granted only Grade Pay of Rs. 5,400/- and the Tribunal had quashed the said order and directed the respondents to grant the Grade Pay of Rs. 6,600/- in the pre-revised scale. The decision of the Tribunal has become final and it was implemented to a large number of Lecturers working in the said schools.
8. In State of U.P. v. Arvind Kumar Srivastava - (2015) 1 SCC 347 the Hon'ble apex court has held that when a particular relief is granted to a set of employees, the respondents should not compel other employees to approach the Tribunal again and again and obtain orders stating that the judgment is applicable only to the persons involved in those cases. The Hon'ble apex court in paragraph 22.1 observed as under:
"Normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently."
9. The above dictum is applicable in the present cases as well. The applicant in OA No. 181/411/2018 is the wife of late Shamsuddin M.K. who was a Lecturer who continued in service up to 2009. The other applicants were also working as Lecturers in these two schools and they are also entitled to get the Grade Pay fixed as Rs. 6,600/- in the pre-revised scale of pay. Accordingly, the impugned orders at Annexures A12 in OAs Nos. -10- 181/411 & 418 of 2018 and Annexure A10 in OA No. 181/419/2018 are quashed and set aside. The respondents are directed to consider the case of the applicants in the light of the legal aspects discussed above and pass a considered and reasoned order within a period of three months from the date of receipt of a copy of this order.
10. With the above direction the Original Applications are disposed of. No order as to costs.
(Dated this the 4th day of March, 2022)
(K.V. EAPEN) (P. MADHAVAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
"SA"
-11-
List of Annexures in Original Application No.181/00411/2018
1. Annexure A1 - True copy of the order F. No. 18/65/2001-Edn/Estt dated 12.8.2005.
2. Annexure A2 - True copy of the order F. No. 18/25/2008- Edn/Estt/432 dated 2.12.2008.
3. Annexure A3 - True copy of order F. No. 21/5/2008-Edn/Ac dated 29.10.09.
4. Annexure A4 - True copy of the order F. No. 21/5/2008-EDN/AC dated 20.2.2010.
5. Annexure A5 - True copy of the order of this Hon'ble Tribunal in OA No. 155/2010 dated 1.11.2012.
6. Annexure A6 - True copy of the judgment in OP (CAT) 2475/2013 of the Hon'ble High Court of Kerala dated 29.7.2013.
7. Annexure A7 - True copy of the order of the Hon'ble Supreme Court dated 21.7.2014.
8. Annexure A8 - True copy of the order F. No. 36/05/2010-Edn dated 24.10.2016.
9. Annexure A9 - True copy of the relevant portion of the order F. No. 18/16/2009-Edn/Estt(1) dated 3.5.2013.
10. Annexure A10-True copy of the order F. No. 1/16/2016-GSSSK dated 11.11.2016.
11. Annexure A11-True copy of the representation dated 11.04.2017 of the 1st applicant.
12. Annexure A12- True copy of the order F. No. 6-/2017-UTI dated 17.4.2017.
13. Annexure R2(a) - True copy of the order dated 20.9.2016 issued by the 1st respondent.
List of Annexures in Original Application No.181/00418/2018
1. Annexure A1 - True copy of the order F. No. 18/65/2001-Edn/Estt dated 12.8.2005.
2. Annexure A2 - True copy of the order F. No. 18/25/2008- Edn/Estt/432 dated 2.12.2008.
-12-
3. Annexure A3 - True copy of order F. No. 21/5/2008-Edn/Ac dated 29.10.09.
4. Annexure A4 - True copy of the order F. No. 21/5/2008-EDN/AC dated 20.2.2010.
5. Annexure A5 - True copy of the order of this Hon'ble Tribunal in OA No. 155/2010 dated 1.11.2012.
6. Annexure A6 - True copy of the judgment in OP (CAT) 2475/2013 of the Hon'ble High Court of Kerala dated 29.7.2013.
7. Annexure A7 - True copy of the order of the Hon'ble Supreme Court dated 21.7.2014.
8. Annexure A8 - True copy of the order F. No. 36/05/2010-Edn dated 24.10.2016.
9. Annexure A9 - True copy of the relevant portion of the order F. No. 18/16/2009-Edn/Estt(1) dated 3.5.2013.
10. Annexure A10-True copy of the order F. No. 1/16/2016-GSSSK dated 11.11.2016.
11. Annexure A11-True copy of the representation dated 16.11.2016 of the applicant.
12. Annexure A12- True copy of the order F. No. 6-/2017-UTI dated 17.4.2017.
List of Annexures in Original Application No.181/00419/2018
1. Annexure A1 - True copy of the order F. No. 18/65/2001-Edn/Estt dated 12.8.2005.
2. Annexure A2 - True copy of the order F. No. 18/25/2008- Edn/Estt/432 dated 2.12.2008.
3. Annexure A3 - True copy of order F. No. 21/5/2008-Edn/Ac dated 29.10.09.
4. Annexure A4 - True copy of the order F. No. 21/5/2008-EDN/AC dated 20.2.2010.
5. Annexure A5 - True copy of the order of this Hon'ble Tribunal in OA No. 155/2010 dated 1.11.2012.
6. Annexure A6 - True copy of the judgment in OP (CAT) 2475/2013 of the Hon'ble High Court of Kerala dated 29.7.2013. -13-
7. Annexure A7 - True copy of the order of the Hon'ble Supreme Court dated 21.7.2014.
8. Annexure A8 - True copy of the order F. No. 36/05/2010-Edn dated 24.10.2016.
9. Annexure A9-True copy of the representation dated 11.4.2017 submitted by the applicant.
10. Annexure A10-True copy of the order F. No. 6-/2017-UTI dated 17.4.2017.
List of Annexures in Original Application No.181/00469/2018
1. Annexure A1 - True copy of the order F. No. 18/65/2001-Edn/Estt dated 12.8.2005.
2. Annexure A2 - True copy of the order F. No. 18/25/2008- Edn/Estt/432 dated 2.12.2008.
3. Annexure A3 - True copy of order F. No. 21/5/2008-Edn/Ac dated 29.10.09.
4. Annexure A4 - True copy of the order F. No. 21/5/2008-EDN/AC dated 20.2.2010.
5. Annexure A5 - True copy of the order of this Hon'ble Tribunal in OA No. 155/2010 dated 1.11.2012.
6. Annexure A6 - True copy of the judgment in OP (CAT) 2475/2013 of the Hon'ble High Court of Kerala dated 29.7.2013.
7. Annexure A7 - True copy of the order of the Hon'ble Supreme Court dated 21.7.2014.
8. Annexure A8 - True copy of the order F. No. 36/05/2010-Edn dated 24.10.2016.
9. Annexure A9-True copy of the representation dated 12.1.2017 submitted by the applicant.
10. Annexure A10-True copy of the order F. No. 6-I/2017-UT I dated 13.2.2017.
11. Annexure R1(a) - True copy of UT Administration of Lakshadweep letter F. No. 36/05/2010-Edn./1101, dated 24.10.2016.
12. Annexure R1(b) - True copy of order dated 1.11.2012 passed in OA -14- No. 155/2010.
13. Annexure R1(c) - True copy of order dated 29.7.2013 passed in OP (CAT) No. 2475/2013.
14. Annexure R1(d) - True copy of order dated 21.7.2014 passed in SLP CC No. 10634/2014.
15. Annexure R1(e) - True copy of this Department's letter F. No. 15- 22/2011-UT.1 dated 20.9.2016.
16. Annexure R1(f) - True copy of this Department's letter F. No. 15- 22/2018-UT.1 dated 28.6.2018.
_______________________________