Central Administrative Tribunal - Chandigarh
Ashok Kumar Sharma Son Of Late Sh. ... vs The Union Of India Through Secretary To ... on 16 September, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION No. 060/01052/2015
Date of filing: 17.11.2015
Order reserved on: 14.09.2016
Chandigarh, this the 16th day of September, 2016
CORAM: HONBLE MR. JUSTICE L.N. MITTAL, MEMBER (J) &
HONBLE SMT. RAJWANT SANDHU, MEMBER (A)
1. Ashok Kumar Sharma son of late Sh. Lachhman Dass, posted as Assistant Director at HATC Shilaroo.
2. Bachitter Singh son of late Sh. Sadhu Singh, posted as Assistant Director at STC, Kurukshetra.
3. Parmajit Kaur w/o Sh. Jagjit Singh posted as Assistant Director at STC, Badal ( All Group B)
.APPLICANTS
BY ADVOCATE: SHRI MANU K. BHANDARI
VERSUS
1. The Union of India through Secretary to Government of India, Ministry of Youth Affairs and Sports, Shastri Bhawan, New Delhi.
2. Sports Authority of India through its Director General, Jawahar Lal Nehru Stadium Complex (East Gate), Lodhi Road, New Delhi.
.RESPONDENTS
BY ADVOCATE: SHRI PARVEEN CHANDER GOYAL FOR RESPONDENTS
ORDER
HONBLE MR. JUSTICE L.N. MITTAL, MEMBER(J):-
Instant Original Application under Section 19 of the Administrative Tribunals Act, 1985 has been filed by three applicants claiming the following relief:
a) An appropriate order or direction may kindly be issued thereby directing the respondents to palace the applicants in the pay scale of Rs. 15600-39100+ Grade pay of Rs. 5400/- as has been granted to other similarly situated Assistant Directors.
b) An appropriate order may kindly be issued thereby directing the respondents to pay the arrears on account of re-fixation of their pay in the pay scale of Rs. 15600-39100+ Grade Pay of Rs. 5400/- along with interest @ 18% per annum.
2. Case of the applicants is that they joined service of Sports Authority of India (SAI)- respondent no. 2 as LDC from 1979 to 1982. They were promoted as UDC, then as Assistant and then as Office Superintendent on 16.6.2009. They alongwith others have been further promoted as Assistant Directors vide order dated 16.3.2015 (Annexure A-3) in Pay Band of Rs. 9300-34800/-+Grade Pay of Rs. 4800/-. Pay of the applicant no. 1 has been fixed in the said pay band and grade pay vide order dated 19.5.2015 (Annexure A-4) and so also in the case of applicants no. 2 & 3. According to Schedule (Annexure A-1) to the Recruitment Rules, the post of Assistant Director carries single pre-revised scale of Rs. 2200-4000. However, certain officers who were promoted as Assistant Directors vide order dated 10.12.2008 (Annexure A-2) have been given pay band of Rs. 15600-39100+ GP of Rs. 5400/-, although made personal to them. Vide advertisements issued by SAI in 2011 and 2015 for direct recruitment as Assistant Director, pay scale was prescribed to be Rs. 15600-39100/- + GP Rs. 5400/-. Applicant no. 1 submitted representation dated 20.5.2015 (Annexure A-5) claiming the said higher pay scale, followed by representation dated 16.9.2015 (Annexure A-6), but received no response. Hence this O.A.
3. Respondent no. 1 (Union of India, Ministry of Youth Affairs and Sports) in its short reply pleaded that the post of Assistant Director was created with pay scale of Rs. 700-1300/- when SAI was created in 1984. After 4th Central Pay Commission, it was retained as Group-A post with revised scale of Rs. 2200-4000/-. While implementing the 5th Central Pay Commission, the then existing Assistant Directors, who were in pre-revised scale of Rs. 2200-4000/-, were granted normal replacement scale of Rs. 8000-13500/-. It was communicated that on vacation of posts by them, the pay scale would be downgraded to Rs. 2000-3500/- (pre-revised) and further appointments in the cadre of Assistant Director by promotion or direct recruitment shall be made in the lower pay scale of Rs. 6500-10500/- (revised) and the post would be Group-B post. After lot of deliberations, proposal was sent to Ministry of Finance for restoration of Group-A status to Assistant Directors and for creation of 55 posts. Ministry of Finance vide its ID note dated 11.10.2011 advised that proposal for creation of posts be deferred in view of economy instructions whereas for restoration of Group-A status, DoPT be consulted. The matter was then referred on 17.4.2014 to DoPT. DoPT referred the matter back to respondent no. 1 Ministry on 19.5.2014 indicating that the matter concerned Department of Expenditure. Currently the Department of Sports (respondent no. 1) is in the process of examining the matter and final decision can be taken only after the required consultations take place.
4. Respondent no. 2 - SAI in its short reply pleaded that pre-revised scale of Assistant Director was Rs. 2200-4000/- as Group-A post, but it was downgraded to pay scale of Rs. 6500-10500/- while implementing the 5th Central Pay Commission. Respondent no. 2 proposed two pay scales i.e. Rs. 15600-39100+ GP Rs. 5400/- for Assistant Director Grade-I and Rs. 9300-34800/- +GP Rs. 4800/- for Assistant Director Grade-II. However, respondent no. 2 examined the matter afresh and keeping in view the functional requirement , duties and responsibilities, respondent no. 2 referred the matter to respondent no. 1 to restore the original pre-revised pay scale of Rs. 2200-4000/- and revised scale of Rs. 15600- 39100+GP Rs. 5400/- for Assistant Director vide D.O. letter dated 7.4.2015 (Annexure R-2/1). Respondent no. 2 again took up the matter with respondent no. 1 vide letter dated 16.9.2015 (Annexure R-2/2). Respondent no. 2 requires approval of respondent no. 1 regarding grant of higher pay scale to its officers. Accordingly, as and when decision is taken by respondent no. 1, the same shall be communicated to the applicants.
5. The applicants filed rejoinders wherein they controverted the stand of the respondents and reiterated the averments made in the O.A. It is pleaded that there is no amendment in the Recruitment Rules which provide a single scale for the post of Assistant Director. It is also pleaded that one V.K. Bhatt has been promoted as Assistant Director vide order dated 27.11.2015 (Annexure A-7) in the pay scale of Rs. 15600-39100 + GP of Rs. 5400/-. It is also pleaded that pursuant to advertisement of 2015, offer of appointment has been given to 8 persons as Assistant Director by direct recruitment as per order dated 6.4.2016 (Annexure A-8) and as per advertisement, they would be in the scale of Rs. 15600-39100+GP Rs. 5400/-.
6. We have heard counsel for the parties and perused the case file.
7. Counsel for the parties reiterated their respective versions as noticed above.
8. We have carefully considered the matter. Respondents have not able to rebut or repel the claim of the applicants in any manner. There is obvious illegality and arbitrariness in the action of the respondents in denying the higher scale of Rs. 15600-39100+GP Rs. 5400/- to the applicants. In this context, it has to be noticed that various officers promoted as Assistant Directors vide order dated 10.12.2008 (Annexure A-2), prior to the applicants, were given the higher scale of Rs. 15600-39100+GP Rs. 5400/- although said to be personal to them. Even V.K. Bhatt promoted as Assistant Director vide order dated 27.11.2015 (Annexure A-7), subsequent to the applicants, has been given the same higher pay scale unconditionally and not as personal to him. Advertisements for direct recruitment to the post of Assistant Director issued in the years 2011 and 2015 i.e. prior to and subsequent to the promotion of the applicants as Assistant Directors also prescribed the higher pay scale of Rs. 15600-39100+GP Rs. 5400/-. It is thus manifest that there is no justification for giving the lower scale of Rs. 9300-34800+GP Rs. 4800/- to the applicants. There is obvious hostile discrimination against the applicants.
9. In the aforesaid context, it is significant to notice that only single pre-revised scale of Rs. 2200-4000/- has been prescribed for the post of Assistant Director in the Recruitment Rules. The said Recruitment Rules have not been amended to prescribe different pay scales for the said post. Even otherwise, different pay scales cannot be provided for the same post.
10. In the instant case, the applicants, who are promotees, are being discriminated against even qua other promotees as well as direct recruits who all have been given the higher pay scale. We are at loss to understand as to why lower scale has been granted to the applicants only. Even the respondents have failed to throw any light on this aspect.
11. Respondents have taken shelter under the plea that the matter is still in the process of being examined by respondent no. 1. However, the matter is hanging fire for several years inasmuch as even according to short reply of respondent no. 1, proposal was sent to Ministry of Finance which gave advice vide note dated 11.10.2011. The mater is thus under consideration of the authorities for at least five years, but no final decision has yet been taken. The matter was referred to DoPT by respondent no. 1 on 17.4.2014 and DoPT referred the matter back to respondent no. 1 on 19.5.2014. Even thereafter the matter has not been finally decided despite lapse of more than two years.
12. Be that as it may, the applicants are entitled to higher scale claimed by them because the same is being granted to prior and subsequent promotees as well as direct recruits. There is no justification whatsoever for granting lower scale to the applicants.
13. Resultantly, the O.A. is allowed. The respondents are directed to place the applicants in pay scale of Rs. 15600-39100/-+GP Rs. 5400/- w.e.f. the date of their promotion as Assistant Director vide order dated 16.3.2015 (Annexure A-3). Respondents are further directed to pay the arrears accruing to the applicants on account of such higher pay scale along with interest thereon @ 9% per annum from the due dates till date of payment. The entire exercise be completed within three months from the receipt of certified copy of this order. No costs.
(JUSTICE L.N. MITTAL) MEMBER (J) (RAJWANT SANDHU) MEMBER (A) Dated: 16.09.2016 `SK 7 (O.A. No. 060/01052/2015)