Central Administrative Tribunal - Kolkata
Banadev Roy vs M/O Defence on 21 September, 2022
rr Ff 1112/2016 & ay fone te te TR meme ge cag - O- CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA 0.A:/350/01112/2016 . (with MA/350/00338/2016) Date of Order : 21.09.2022 Coram: Hon'ble Mr. Jayesh V. Bhairavia, Judicial Member Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member In the matter of : Banadev Roy, Son of Late Sudeb Prasad Roy, residing Golapbagan, Khanthadhar, PO-Nawabganj, PS- Noapara, District-24 Parganas North, Pin-743144, seetaeeeneeee Applicant Vs. 1, Union of India service through the Secretary, Ministry of Defence, South Block, New Delhi-110011. 2. Ordnance Factory Board, Represented by its Chairman, 10A, Sahid te Khudiram Bose Road, Kolkata-700001. 3. Rifle Factory Ichapore, represented by its General Manager, Ichapore, = ' ; 2 1112/2016 Nawabganj, District-24 Parganas North, Pin- 743144, sassecees Respondents For The Applicant(s): Mr. A. Dutta, Counsel Mr. A. K. Khan, Counsel For The Respondent(s): Ms. D. Nag, Counsel ORDER (ORAL Per: Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member Aggrieved at not having received grade pay of Rs. 2800/- with effect from his promotion to the post of Supervisor, the applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief: "i. The letter No. 342/30/DPC/Estt. dated 29.08.2013 issued by Shri P. S. Dutta, WM/IT for the GM of Rifle Factory, [chapore be declared illegal and be set-aside; fi, The applicant be declared entitled to receive salary in revised pay scale of Rs. 4500-7000 corresponding to PB-1 with grade pay of Rs. 2800 corresponding to the designation of Station Officer; ji. The respondents concerned be directed to pay salary to the applicant in the revised pay scale of Rs. 4500-7000 corresponding to PB-1 with grade pay of Rs. 2800, with immediate effect; iv. The respondents be directed to pay/release the arrears of salary of the applicant in the revised pay scale of Rs. 4500-7000 corresponding to PB-1 with Grade pay of Rs.2800 within a specified time; v. Cost of the application; vi. Such other/further order/orders as the Hon'ble Court may deem fit and proper." hot. a . 4 ; 3 1112/2016 2. Learned Counsel for both sides are present and heard. o 3. An M.A. bearing no. 350/00338/2016, has been preferred praying for condonation of delay in filing this instant original application. Admittedly, this application has been preferred after a gap of 1 year 10 months and 23 days. The applicant would hence, proceed to justify the delay in filing the instant original application on the following grounds :- (i) That, having received the rejection order of respondent no. 3, dated 23.07.2013 (annexed at Annexure-A/3 to the OA), which has been impugned in the instant original application, the applicant approached the appropriate higher authority i.e., respondent no. 2 with a request letter dated 18.09.2013 (annexed at Annexure-M/1 to the MA) through proper channel, on the request of respondent no. 3 to submit his prayer to respondent no. 2 for a conclusive decision. Not having received any reply to his prayer, the applicant once again - preferred a reminder representation on 05.10.2013 (annexed at Annexure- -M/2 to the MA). And, not having received any response on his appeal, the applicant preferred a further appeal on 19.03.2014 (annexed at Annexure-M/3 to the MA). (ii) That, not having received any reply from the authorities, the applicant preferred an RTI application in the month of December, 2014 , to which he received a reply in January, 2015 (annexed at Annexure-M/4 and M/5 to the MA). That, thereafter, the applicant had preferred an original application bearing no. 350/01252/2015, which was disposed of on 14.03.2016, granting permission to the applicant to withdraw the said original application with hehe 4 | 4112/2016 liberty to challenge the impugned order before the appropriate forum (annexed at Annexure-M/6 to the MA). (iii) That, further time was consumed in obtaining the certified copy of this - Tribunal's orders, holding consultations with his Learned Counsel and thereafter the applicant ultimately succeeded to file this original application on 20.07.2016. lt is evident that the applicant had left no stone unturned to pursue his remedy. We find enough justifications in the applicant's prayer for condonation of } 3)delay. Accordingly, the delay is condoned under Section 21 (3) of the Administrative Tribunal Act, 1985. M.A. no. 350/00338/2016 stands disposed of. 4, Coming to the merits of the matter at hand, learned counsel for the' applicant would submit that, the applicant was working in the post of leading Fireman in Rifle Factory Ichapore and promoted to the post of Supervisor (NT/OTS) w.e.f. 15.05.2013. Upon his promotion as Supervisor (NT/OTS), the applicant received his salary with a grade pay of Rs. 2400/-, which, according to the applicant, was not in accordance with the pre-revised pay scale for the said post. The applicant further came to know that, Government of India, MoD had issued a communication dated 26.07.2010 (annexed at Annexure-A/2 to the OA) in which the salary of the Supervisors (in Fire Fighting Branch) of MoD who were receiving pre-revised pay scale of Rs. 4000-6000/- (similar to the applicant), shall be revised to PB-1, with grade pay of Rs. 2800/- as per the recommendations of the 6" CPC. MAT 5 , 1112/2016 Accordingly, on 23.07.2013 (annexed at Annexure-A/3 to the OA), the © applicant represented to the competent authority with supporting documents. His prayer was rejected on 29.08.2013 (annexed at Annexure-A/4 to the OA), whereby he was informed that as the post of "Station Officer" does not exist in the O.F. Organization, the request of the applicant could not be acceded to by the authorities. Hence, being aggrieved, the applicant has approached this Tribunal - praying for the aforementioned relief. 5. The applicant would, inter alia, furnish the following grounds in support of \ his claims :- (i) That, the applicant is included within the common category of fire fighting staff under the employment of Govt. of India and is receiving his salary under the pre-revised pay scale of Rs. 4000-6000/- and as per the recommendation of the 6" CPC (as accepted by Government of India), he is entitled to receive the revised pay structure with the pay scale of Rs. 4500-7000/- corresponding to PB-1 with grade pay of Rs. 2800/-. (ii) That, the Government of india, Ministry of Defence, by accepting the recommendations of the 6" CPC, has formulated and circulated its letter dated 26.07.2010 for the welfare of all its fire fighting staff by enhancing their pay structure as mentioned herein. For the applicant, who is a Supervisor. in the Fire Fighting cadre in the RFi, the pay structure corresponds to that noted in sl. No. 3, whereas the applicant is still receiving pre-revised salary in the scale of -- pay: of Rs. 4000-6000/-, which ought to be upgraded/enhanced to that of Station Officer with corresponding pay scale with PB-1 and grade pay of Rs. 2800/-. Wat 6 1112/2016 (iii) That, in the absence of any such restriction which prevents the upgradation of the pay of the applicant to revised pay of PB-1 with grade pay of Rs. 2800/-, the GM of Rifle Factory Ichapore has acted in violation of the established orders of Government of India, MoD, by arbitrarily withholding the payment of salary and arrears of the applicant in revised scale as per the 6" CPC. 6. Per contra, the respondents have furnished their reply to the original. application in which they have sought to counter the claims of the applicant by Dr \ their following arguments :- (i) That, the applicant herein was appointed on 20.01.1992 as Fireman Grade-Il in the scale of pay of Rs. 800-15-1010-EB-20-1150 (as per 4"" CPC) on the Non- Industrial Establishment of Rifle Factory, Ishapore under Ministry of Defence. (ii) That, in terms of 4" and 5" CPC, the recruitment rules of Fireman-ll was governed by provisions of SRO 14E dated 04.05.1989. In 'support, the promotional hierarchy of the post of Fireman Grade-il in terms of the said SRO of 1989 and SRO 13E dated 04.05.1989 have been annexed by the respondents at Annexure-R/1 to the reply. (iii) That, in accordance with the provisions of the SRO 14 E of 1989, the applicant was promoted to the post of Fireman Grade-i| with effect from' 01.12.1996 in the scale of pay of Rs. 2750-4400 (5" CPC). Thereafter, he was promoted to Leading Hand Fire (now Leading Fireman) with effect from 04.09.2007 in the scale of pay of Rs. 3050-75-3950-80-4590. (iv) That, based on the recommendations of 6™ CPC and on implementation of the same, in terms of the MoD dated 17.12.2009 circulated by OFB vide letter a 7 1112/2016 dated 21.12.2009 (annexed at Annexure-R/2 to the reply), the post of Fireman Gr. Il and Fireman Gr. | were merged to a single grade of Fireman in PB-1 (Rs. . 5200-20200) with grade pay of Rs. 1900/- with effect from 01.01.2006. Further, the post of Leading Hand Fire was renamed as Leading Fireman and granted Grade Pay of Rs. 2000/- in PB-1 with effect from 01.01.2006. (v) That, accordingly, nomenclature of the posts of Fire Fighting cadre including that of the present applicant have been changed and notified vide Factory order dated 08.01.2020 (annexed at Annexure-R/3 to the reply). (vi) That, on implementation of 6™ CPC, SRO-32 dated 04.05.2012 entitled "Ministry of Defence, Indian Ordnance Factories, Leading Fireman and Fireman Group 'C' Post Recruitment Rules, 2012" was notified which came into effect from 04.05.2012 (annexed at Annexure-R/4 to the reply). (vii) That, as per the provisions of SRO-30 dated 14.07.2010 and SRO-32 dated 04.05.2012, as amended vide SRO-58 dated 19.07.2012, the applicant was promoted to the post of Supervisor (NT/OTS) with effect from 15.05.2013 in the Grade Pay of Rs. 2400/- from Leading Fireman vide Factory Order dated - 17.05.2013 (annexed at Annexure-R/6 to the reply). (viii) That, the applicant had represented for changing of nomenclaturé of his present post as Station Officer in place of Supervisor (NT/OTS) and to grant him Grade Pay of Rs. 2800/- in place of Rs. 2400/- in PB-I. Mob's letter dated 26.07.2010 is not applicable to the Non-Industrial Establishment Ordnance Factories Organisation. (ix) That, the applicant's promotion to the post of Supervisor (NT/OTS) in PB-1 with grade pay of Rs. 2400/- with effect from 15.05.2013 is in conformity with NA 7. 8 1112/2016 the said SRO-30 dated 14.07.2010 read with amended SRO 58 dated 19.07.2012. The said decision has been communicated to the applicant vide respondent's letter dated 26.09.2013 (annexed at Annexure-R/7 to the reply). Hence, his contention to grant him higher grade pay of Rs. 2800/- is not tenable in the eyes of law and the respondents would claim that the present application has no merit and is liable to be dismissed. Hence, the'only issue that is to be decided upon in adjudication of this instant original application is whether the applicant was entitled to a grade pay of \ Rs. 2800/- based on the office order dated 26.07.2010 (annexed at Annexure-A/2 to the OA), which the applicant would choose to rely upon. 8. The orders on grant of upgraded pay scales to the Fire Fighting Staff in Ministry of Defence as per 6"" CPC recommendations is as follows :- "No. 2(1)/2009-D(Civ-l) Government of India - Ministry of Defence New Delhi, the 26" July, 2010 To, The Chief of Army Staff The Chief of Air Staff The Chief of Naval Staff The DGOF Subject : Grant of upgraded pay scales to the Fire Fighting staff in Ministry of Defence as per VI CPC recommendations. Sit, lam directed to refer to the para 3.8.12 of the VI CPC Report and Part B. Section Il, S. No. VIH of the CDS (RP) Rules, 2008 and to convey sanction of the President of-the grant of upgraded pay scales to the Fire Fighting staff in Hqrs/Dtes under Ministry of Defence as under: S. Pre-revised Nomenclature | Pre-revised pay | Nomneciature Revised Pay No. (2) scale as per CDS(RP) Scale (1) (3) Rules, 2008 (5) (4) 1. Fireman Gr-ll Rs. 2610-4000 Rs. 2650-4000 Fireman PB-| Fireman Gr-! Rs. 2750-4400 GP Rs. 1900 a 9 1112/2016 2. Leading Hand 'B'/Leading | Rs. 3050-4590 Leading Fireman | PB-I Hand (OG)/(SG) . GP Rs. 2000 3. Leading Hand 'A' Rs, 4000-6000 Supervisor Rs. 4000-6000 Civilian Assistant --_' Fire | Rs. 4000-6000 Station Officer PB-! Master . GP Rs. 2800 Asstt Fire Supdt Rs. 4000-6000 Fire Master/Dy Fire Officer | Rs. 4500-7000 4, Fire Supdt Rs. 5000-8000 Asstt Division | PB-2 : ; Fire Officer ~ GP Rs. 4200 5, Fire Officer : Rs. 6500-10500 | Dy Division Fire | PB-2 | Officer GP Rs. 4600 No post of Fi Fire Officer i in the pay scale of Rs. 65 00-10500/- exists in FF cadre in Ministry of Defence except DRDO. ' 2. Whenever the pay scales as indicated in the Col. (3) above exists for the Fire Fighting cadre in the establishments under Ministry of Defence, the same shall be upgraded as per Col. (5) of the above table. The designations of the posts shall be strictly as per Col. (4) of the table under paragraph 1. 3. As for the four grade promotional scheme applicable to the civilian drivers as extended to - the Fire Engine Drivers, they may continue where they exist at present. However, in the remaining establishments, the posts of Fire Engine Drivers shall be merged with the Fire Fighting cadre. 4, These orders. will be effective from 01.01.2006. The initial pay fixation as on 01.01.2006 will be done in accordance with the note 2 below Rule 7 of the CDS (RP) Rules, 2008. 5. This issue with the approval of Ministry of Finance, Department of Expenditure vide their ID. No. 2(9)/E.11 Desk/2008 dated 12.07.2010 and concurrence of Defence (Finance/AG/PD) vide their ILD. No. 206/AG/PB/10 dated 21° July, 2010. Sd/- / (M.S. Sharma) Under Secretary to the Government of India" We note from the very preamble of this order that, the upgraded pay scales were granted to the fire fighting staff of "Hqrs/Dtes under Ministry of Defence". As the Ordnance Factory was not part of the core Ministry or Directorate of the Ministry of | Defence, there is nothing to suggest that the instant order of 26.07.2010 automatically apply to the applicant who was serving as Supervisor in. the Ordnance Factory with effect from 2013. | Further, a regret letter, of the respondent authorities, dated 28,08,2013 (annexed at Annexure-A/4 to the OA) states as follows :- me ' 10 1112/2016 "No. 342/30/DPC/Estt. O " Establishment Section Rifle Factory, Ishapore Date : 28.08.2013. To, Shri Bana Dev Roy, Supervisor (NT/OTS) Per. No. 268097 Thr'o : HOS/FS Sub : LOWER PAY BAND AWARDED IGNORING GOVT. ORDER
Ref : Your application dated 23.07.2013 The application cited under reference has been considered and examined by the appropriate authority.
In this connection it is intimated that you have been promoted to the post of Supervisor (NT/OTS) which carries Pay Band PB1 (Rs. 5200-20200) + Grade Pay Rs. 2400. Further, in your application cited at reference, you have attached an order of MoD letter No. 2(1)/2009-D(Civ-I) dated 26.07.2010 which refers the pre-revised nomenclature which has been revised "Station Officer" bearing grade pay of 2800. The post of "Station Officer" does not exist in the O.F. Organisation. Hence, your request cannot be acceded to at this point of time. This disposes your application dated 23.07.2013. Sd/-
(P. S. Dutta) WM/IT For General Manager"
It transpires therefore that, his prayer was rejected as because the designation of Station Officer bearing grade pay of Rs. 2800/- does not exist in the O.F. Organisation, and therefore the benefit of higher grade pay of Rs. 2800/- could not be granted to the applicant.
In this backdrop, it would be pertinent to refer to Hon'ble Apex Court's orders in Civil Appeal Nos. 913-914 of 2021 (Union of India & ors: vs. Manoj Kumar & Ors.) , wherein the Hon'ble Court had held as follows :
"20. In the end we would like to reiterate that the aspect of disparity between the Secretariat and the field offices was a matter taken notes of by the Commission itself while making the recommendations. Yet to some extent, a separate recommendation was made qua Secretariat Organizations and non- Secretariat Organizations. Once these recommendations are separately made, to direct absolute parity would be to make the separate recommendations qua non-Separate Organizations otiose. If one may say, there would have been no requirement to make these separate recommendations if everyone was to be treated on parity on every aspect.
Mee 11 1112/2016
21. In view of the aforesaid reasons, we find the impugned judgement, which in turn relies © upon other orders passed by different Tribunals and Courts unsustainable, and is accordingly set aside.
22. The appeals are accordingly allowed.
23. We hope this puts to rest this controversy which has been agitated before different forums without receiving a final reasoned view of this Court."
9. The respondent authorities, on the other hand, would refer to the SRO 14E and 13E dated 04.05.1989 (annexed at Annexure-R/1 to reply) which were issued on the recommendations of 4"/5™ CPC, had settled the post of Supervisor (NT/OTS) with a pay of Rs. 4000-6000/- as a promotional post of Leading Hand a Fire. The applicant was admittedly promoted to the post of Fireman with effect from 01.12.1996 and thereafter to the post of Leading Hand Fire (now Leading Fireman) with effect from 04.09.2007 in the pay scale of Rs. 3050-75-3950-80- 4590.
That, consequent to the recommendations of the gt CPC, the post of Fireman Gr. Il and Fireman Gr. | were merged to a single grade of Fireman in PB-1 (Rs. 5200-20200) with grade pay of Rs. 1900/-. Further, the post of Leading Hand Fire was renamed as Leading Fireman with grade pay of Rs. 2000/- with effect from 01.01.2006. Such changes in nomenclature was issued by Factory order no. 63 dated 08.01.2010, which has been disclosed by the respondents in Annexure- R/3 to the reply).
That, on implementation of the 6" CPC recommendations, SRO-58 dated 19.07.2012 was notified amending earlier SRO-32 (annexed at Annexure-R/5 to the reply). The said SRO-58 is perused in detail and is reproduced as under :-
"S.R.0. 58 --
In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules to amend the Ministry of Defence, the Ordnance Factories, Supervisor (Non-Technical) and Telephone Operator Grade-ll Group 'C' posts Recruitment Rules, 2010, namely :- hat © 12 1112/2016
1. Short tile and commencement --
(1) These rules may be called the Ministry of Defence, the Ordnance Factories, Supervisor(None Technical) and Telephone Operator Grade-ll, Group 'C' Posts Recruitment (Amendment) Rules, 2012. (2) They shall come into force on the date of their publication in the official Gazette.
2. inthe Ministry of Defence, the Ordnance Factories, Supervisor (Non-Technical) and Telephone Operator Grade-il Group 'C' posts Recruitment Rules, 2010 in the schedule,- (I) Against the post of Supervisor (Non-Technical)
(a) Under column 9, for the existing entry, the following shall be substituted namely :-
"Age- No Qualifications- As mentioned in Column 12".
(6) Under column no. 11, for the existing entry, the following shall be substituted namely :-
"(i) Fifty per cent by promotion from Photographer, Telephone Operator Grade-ll, Subedar | Durwan and Leading Fireman. | (ti) Twenty five per cent by Limited Departmental Competitive Examination from amongst Non-industrial employees in or above the pay Band-1 Rs. 5200-20200 (Grade Pay Rs. 1800) but below the pay band-1 Rs. 5200-20200 (grade pay Rs, 2400) with three years regular service in the pay band-1 Rs. 5200-20200 (grade pay Rs. 1800) anid possessing the necessary educational qualification for direct recruitment failing which by direct recruitment.
_ (ili) Twenty five per cent by direct recruitment." (cJUnder Column no. 12(i) the words 'Leading Hand Fires' shall be substituted by 'Leading Fireman'. Under Column no. 12(ii) the words 'Telephone Operators' shall be substituted by 'Telephone Operator Grade-It' and under column no. 12{ili) the words 'Rs. 4440-7440(grade pay Rs. -1600/-)' with fourteen years shall be substituted by 'Rs. 200-20,200/- (Grade Pay- Rs. 1800/-) with eleven years'.
(il) Against the post of Telephone Operator Grade-I! Under column-il, for the existing entry, the following shall be substituted namely :-
™ "By direct recruitment".
[F. No. 44(3)/01/1II/D(Fy-H1)] ' Ashok Kumar, Under Secy."
It transpires from para 2(b) of SRO-58 that, those promoted as Supervisors would enjoy a pay band of Rs. 5200-20200/- with a grade pay of Rs. 2400/-.
Accordingly, it is clear from the above noted SROs that the post of Supervisor is the promotional post of Leading Fireman with the PB-1 Rs. 5200- 20200/- with grade pay of Rs. 2400/-, and that, the same was notified on 19.07.2012.
Undisputedly, the applicant had been promoted to the post of Supervisor (NT/OTS) with effect from 15.05.2013 (annexed at Annexure-R/6 to the reply). Accordingly, his pay fixation would be subject to SRO-58 in which grade pay of Rs. 2400 has been associated with PB-1, ee 13 1112/2016.
o 10. Hence, the applicant's claim that he is entitled to grade pay of Rs. 2800/- as permissible to the Station Officer as per MoD's communication dated 26.07.2010, is confined to Headquarters and Directorate under MoD is not applicable to the applicant as such claim is neither supported by SRO-58 nor the judicial ratio in Manoj:Kumar & Ors. (supra) wherein the Hon'ble Apex Court has clearly held that there would not be an automatic parity in the pay of Secretariat and field offices.. |
11. Accordingly, we do not find any infirmity in the communication of the respondent authorities dated 28.08.2013 (annexed at Annexure-A/4 to the OA), as impugned in the instant original application.
12. The OA therefore fails to succeed. There will be no orders as to costs. MA bearing no. 350/00338/2016 stands as disposed of as per para 3 of this order.
A, \ (Dr. Nandita Chatterjee) (Mr. Jayesh V. Bhairavia) Administrative Member - Judicial Member sl