Central Administrative Tribunal - Chandigarh
Unknown vs Nuclear Fuel Complex Represented By ... on 17 November, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
OA No. 060/01091/2015
Pronounced on : 17.11.2016
Reserved on : 11.11.2016
CORAM: HONBLE MR.SANJEEV KAUSHIK, MEMBER(J)
HONBLE MRS.RAJWANT SANDHU,MEMBER(A)
Vipon Chopra, Retired Scientific Officer G, Nuclear Fuel Complex, Department of Atomic Energy, Government of India, R/0 191-R, Model Town, Near Trikona Park, Yamuna Nagar 135001.
.Applicant
BY: Applicant in person
VERSUS
1. Nuclear Fuel Complex represented by Chief Executive, Nuclear Fuel Complex, ECIL Post, Hyderabad-500062.
2. Union of India, represented by Secretary to Government of India, Department of Atomic Energy, Anushakti Bhawan, CSM Marg, Mumbai 400001.
..Respondents
BY ADVOCATE: Mr. Arvind Moudgil
ORDER
HONBLE MRS. RAJWANT SANDHU, MEMBER(A):-
1. The present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):-
(i) Order dated 08.09.2015 (Annexure-D) may be quashed and set aside.
(ii) Order to consider two special increments as Pay for the purpose of HRA, DA, Pension and Pensionary benefits in case of the applicant and similarly placed officers w.e.f. 01.01.1996.
(iii) Order payment of arrears with accrued interest on HRA, applicable DA from 01.01.1996 to 31.05.2004 (date of superannuation) adding weightage of additional increments after normal pension fixation and payment of applicable pensionary benefits with interest.
2. It is stated in the OA that the applicant joined Department of Atomic Energy in 1974 as a Trainee Scientist and after completion of one year training was appointed as Scientific Officer (SC) on 1st August, 1975, at Bhabha Atomic Research Centre, Mumbai, was transferred in public interest to Nuclear Fuel Complex, Hyderabad in December, 1978 and subsequently promoted to Scientific Officer (SD) in 1980, Scientific Officer (SE) in 1985, Scientific Officer (SF) in 1991 and Scientific Officer (SC) in 1997. On June 1, 2004, he was relieved from service in Nuclear Fuel Complex, Hyderabd, a Unit of Department of Atomic Energy, Government of India, after his request for voluntary retirement was accepted. A Pension Payment Order (PPO) was issued by Nuclear Fuel Complex bearing No. 46151004801. After retiring from service, the applicant moved to his native place Yamuna Nagar, Haryana in May 2005 and is living there till date.
3. It has further been stated that the Government of India granted two special increments to Scientists/Engineers in Grades SD, SE, SF and SG in all scientific institutions in the country w.e.f. 01.01.1996. The administrative authorities implemented this order by not considering two special increments as pay and therefore, no HRA, DA, Pension and pensionary benefits was allowed on the same. The Honble High Courts of Kerala and Uttarakhand admitted writ petitions from Scientists/Engineers of Department of Space and rendered favourable judgements and ordered that two special increments shall be treated as pay and HRA and DA should be paid. Government filed SLP and review petitions in Supreme Court of India which were dismissed. Department of Space subsequently implemented the orders as of the Honble Courts. However, Nuclear Fuel Complex refused to take cognizance of the order as it was for Department of Space. More than seven groups of Scientists/Engineers living in and around Hyderabad filed OAs in CAT, Hyderabad and got similar relief. OA by some scientists/engineers of Department of Atomic Energy in CAT, Ernakulam was put up for similar relief where order was pronounced for similar relief for all similarly situated Scientists and Engineers. However, application of applicant in this case was not processed by Nuclear Fuel Complex stating that there are no orders from Department to implement in his case suo moto. Hence this OA.
4. In the written statement filed on behalf of the respondents, preliminary objection has been taken that the OA is time-barred. It has been stated that the additional increments granted to the applicant were treated separately and not merged with the basic pay in the year 1999 as per OM No. 1/2/99/SCS/436 dated 04.06.1999 (Annexure R-2) and the applicant is challenging the same by filing present OA after a gap of more than 15 years. Further, the applicant retired on 01.06.2004 and the applicant is seeking relief to consider the two additional increments granted to him as per Annexure R-2 dated 04.06.1999 to be considered as Pay for the purpose of HRA, DA, pension and pensionary benefits by filing the present OA. Even then, the OA filed by the applicant is time-barred, while the applicant has not submitted any application for condonation of delay.
5. It is further stated that the Department of Atomic Energy vide OM No. 1/2/99-SCS/1134 dated 03.02.1999 (Annexure R-1) extended certain incentives for Scientists/Engineers in the Department w.e.f. 01.01.1996 wherein two additional increments to Scientists (Recruitees/Promotees) in the pay scale of Rs. 10000-15200, Rs. 12000-16500, Rs. 14300-18300 and Rs. 16400-20000 i.e. Scientists in the grade of SO/D, SO/E, SO/F and SO/G. While clarifying certain doubts in respect of additional increments for Scientists/Engineers D, E, F and G the Department vide another OM No. 1/2/99-SCS/436 dated 04.06.1999 (Annexure R-2) stated that the additional increments are to be treated separately and not be merged with the basic pay fixed under normal rules. If however, at a later date, it is decided to treat the special pay as part of pay as defined under FR 9(21) for all purposes like DA, HRA, Pension etc. further instructions in this regard will be issued. After implementation of the 6th Central Pay Commission recommendations, the two additional increments were revised w.e.f. 01.01.2006 and treated as special incentive vide OM No. 32/1(19)/2008-SCS/262 . dated 20.10.2008 for the scientists/engineers as under:-
Sr. No. Grade Amount of Incentive admissible
1.
SO/Engineer D Rs. 1520
2. SO/Engineer E Rs. 1770
3. SO/Engineer F Rs. 2770
4. SO/Engineer G Rs. 2950 The additional two increments granted earlier to the scientists/engineers and revised w.e.f. 01.01.2006 were treated as incentives and not the Special Pay by the Government vide order dated 20.10.2010 (Annexure R-3). In view of this, the impugned orders have been rightly passed in accordance with Rules and Law and thus the OA filed by the applicant deserves to be dismissed.
6. In the rejoinder filed by the applicant, it has been stated that some scientists/engineers of Department of Space who were similarly situated, had moved CAT & High Court of Kerala in 1999 itself and the final outcome of the case was known only in 2013 when the SLP filed by Government of India in the Honble Supreme Court of India was dismissed. Based on this, scientists and engineers of Nuclear Fuel Complex approached the authorities to consider their cases on similar grounds which was denied. Consequently, OAs no. 288, 344, 184, 393, 802, 964 in 2013 and OA No. 021/00623 in 2015 were filed in CAT Hyderabad for considering two special increments for pay, HRA, DA, Pension and pensionary benefits. The respondents have conveniently not mentioned letter No. 127 of 08.09.2015 wherein the Department had referred to these OAs and stated that on the directions of the Tribunal, the pensions of the applicants in these OAs were revised. Thus, the respondents concealed these material facts from the Tribunal. Regarding the alleged delay in filing the OA, the applicant has stated that he approached the respondent department in February, 2015 followed by reminder in April, 2015, but did not receive any reply. It was on the request of the applicant to the then Chief Executive that letter No. 127 of 08.09.2015 was sent to the applicant wherein it was stated that the orders cannot be complied suo moto in the case of the applicant. Hence, the applicant had no choice, but to approach the Tribunal and the present OA was filed in November, 2015. Hence, there was no delay in filing the OA.
7. Arguments advanced by the applicant himself and the learned counsel for the respondents have been heard. Applicant referred to the judgement dated 20.11.2014 in OA No. 288 of 2013 titled Dr. M.R.K. Dilip Kumar & Ors. Vs. UOI delivered by Hyderabd Bench of the Tribunal wherein it had been held as follows:-
12. In view of the above position and by following the judgment of the Hon'ble High Court of Kerala in WP(C) Nos. 29358, 29710 & 31525 of 2004, we declare the action of the respondents in not treating the two additional increments sanctioned by the President vide OM dated 03.02.1999 as 'pay' for the purpose of dearness allowance, House Rent Allowances, terminal benefits including pension as arbitrary, illegal,unjust and violative of Articles 14 and 16 of the Constitution of India. Consequently, we direct the respondents to treat the two additional increments sanctioned vide Office Memorandum dated 3.2.1999 for all the purposes and compute and release the arrears of dearness allowance, HRA and pension and amount due to the applicants towards the upward revision of terminal benefits. The respondents shall comply with the order within a period of three months from the date of receipt of a copy of this order. The applicant also referred to judgement dated 31.07.2015 in OA No. 915/2013 titled N. Sankaranaraynan Vs. The Director, BARC delivered by Ernakulam Bench of the Tribunal wherein it had been held as follows:-
18 As the Hon'ble Supreme Court dismissed the SLP confirming the Annexure.A4 judgment, it has to be held that Annexure.A4 has attained finality and that has become the law and if so the benefit which is to be granted to the applicants therein should be extended to all similarly situated officers/engineers without compelling those persons to approach the court again. The policy of the Government should be to minimize the litigation. It was held in A.K.Khanna and others Vs. Union of India and others, ATR 1988 (2) CAT 518 that not extending similar benefits to similarly situated employees itself would be discrimination violative of Articles 14 and 16 of the Constitution. As has been said earlier the Scientists/Engineers of the Department of Space were identically placed as the Scientists/Engineers of BARC/DAE. Therefore, when a benefit is extended to the Scientists/Engineers of Department of Space there is no rhyme or reason in denying the same benefit to the Scientists/Engineers of BARC/DAE. The very object and rationale behind in issuing Annexures.A1 and R1 Office Memoranda would make it abundantly clear that the Scientists/Engineers of BARC were treated alike the Scientists/Engineers of the Department of Space. Since the decision in Annexure.A4 was confirmed by the Hon'ble Supreme Court the applicants are entitled to get the same benefit as extended to the petitioners in Annexure. A4 judgment.
8. The applicant also referred to OM dated 20.01.2014 (Annexure A) on the subject of Incentives for Scientists/Engineers in Department of Space/Indian Space Research Organization Treating of Incentive in the form of two additional increments granted to Scientists/Engineers as Pay towards payment of DA, HRA, Pension and Pensionary benefits reg. whereby the Department of Space had given the benefits regarding two additional increments as sought in the present OA to the Scientists of the Department of Space/ISRO. The applicant stated that in his case, similar treatment should have been meted out to the Scientists of Nuclear Fuel Complex, Department of Atomic Energy, Government of India, but no decision had been taken by the respondents till date.
9. Learned counsel for the respondents reiterated the content of the written statement and pressed that the OA be dismissed as being time-barred.
10. We have carefully considered the matter. Dr. M.R.K. Dilip Kumar (supra) relates to the Scientists of Nuclear Fuel Complex, the organization where the applicant himself was working. In N. Sankaranaraynan (supra), the Department of Atomic Energy was a respondent and it is clear from OM dated 24.01.2014 (Annexure A) that the Department of Space has taken the decision regarding the treating of incentives in the form of two additional increments granted to Scientists/Engineers in February, 1999. It is logical that the Department of Atomic Energy and Nuclear Fuel Complex should treat all their similarly situated staff in the same manner and since it is clear that this benefit had already been allowed to several Scientists/Engineers in compliance with orders in OAs referred above in the Departmentof Atomic Energy and in the Department of Space OM dated 20.01.2014, the applicant and his similarly situated colleagues are also entitled to similar consideration.
11. Accordingly, this OA is disposed of with directions to the respondents to consider the representations of the applicant for two special increments of pay to be considered for the purpose of HRA, DA, pension and pensionary benefits as has been done in the case of other Scientists/Engineers working under the complexes of the Department of Atomic Energy, Government of India. Action in this regard may be completed within a period of three months from the date of a certified copy of this order being served upon the respondents and the refixation of pay, release of arrears of pay, revision of retiral benefits and release of arrears of the same, as admissible, may also be ensured within this time frame. No costs.
(RAJWANT SANDHU) MEMBER(A) (SANJEEV KAUSHIK) MEMBER(J) Dated:
ND* 1 O.A. 060/01091/2015