Central Administrative Tribunal - Ernakulam
P Jeevadarsan vs The Regional Passport Officer ... on 23 December, 2022
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00407/2020
Friday, this the 23rd day of December 2022
CORAM:
HON'BLE Mr.JUSTICE K.HARIPAL, JUDICIAL MEMBER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER
P.Jeevadarsan,
Aged 49,
S/o.Late N.Priyadarsanan,
Junior Hindi Translator,
Regional Passport Office,
Thiruvananthapuram - 695 024.
Residing at T.C.1/1172(1), H.No.27(a), Sumasree,
Thoppil Nagar, Kumarapuram, M.C.P.O.,
Thiruvananthapuram - 695 011. ...Applicant
(By Advocate Mr.Vishnu.S.Chempazhanthiyil)
versus
1. The Regional Passport Officer,
Regional Passport Office,
SNSM Building, Karalkada Junction,
Kaithamukku, Thiruvananthapuram - 695 024.
2. The Additional Secretary (PSP) and Chief Passport Officer,
PSP Division, Ministry of External Affairs,
Patiala House, Tilak Marg,
New Delhi - 110 001.
3. Union of India represented by the Secretary,
Ministry of External Affairs,
Patiala House, Tilak Marg,
New Delhi - 110 001. ...Respondents
(By Advocate Mr.N.Anilkumar, Sr.PC)
This application having been heard on 9 th December 2022, the
Tribunal on 23rd December 2022 delivered the following :
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ORDER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER The applicant in this O.A had entered service as Junior Hindi Translator in the Central Passport Organisation on 27.09.2001 in the scale of pay of Rs.5000-150-8000/- (pre-revised). This scale, it is submitted, was revised to Rs.9300-34800/- in Pay Band PB-2 plus Grade Pay of Rs.4200/- on the basis of recommendations of the 6 th Central Pay Commission (6th CPC) with effect from 01.01.2006. The Department of Expenditure, Implementation Cell had issued an O.M on 24.11.2008 (Annexure A-1) revising the pay structure of official language cadre belonging to Central Secretariat Official Language Service (CSLOS) which included the pay scale of Junior Translator. This was revised to Rs.6500-10500/- with effect from 01.01.2006 with corresponding Pay Band in PB-2 with Grade Pay (GP) Rs.4200/-. Further, a Corrigendum was issued on 27.11.2008 (Annexure A-2) indicating that all Ministries/Departments are required to grant the revised pay structure as indicated in the table which had been approved for various posts in CSOLS for similarly designated Official Language posts existing in their subordinate offices.
2. After this on 13.11.2009 the Department of Expenditure, Implementation Cell issued another O.M vide F.No.1/1/2008-IC dated 13.11.2009 (Annexure A-3) on the subject "grant of the revised pay structure of Grade Pay of Rs.4600/- in the Pay Band PB-2 to posts that existed in the pre-revised scale of Rs.6500-10500/- as on 01.01.2006 and -3- which were granted the normal replacement pay structure of Grade Pay of Rs.4200/- in the Pay Band PB-2". Vide this O.M it had been decided as follows :
"......The matter has been considered and it has now been decided that the posts which were in the pre-revised scale of Rs.6500-10500/- as on 01.01.2006 and which were granted the normal replacement pay structure of Grade Pay of Rs.4200/- in the Pay Band PB-2 will be granted Grade Pay of Rs.4600/- in the Pay Band PB-2 corresponding to the pre- revised scale of Rs.7450-11500/- with effect from 01.01.2006........"
3. The applicant has stated that the Government of India had introduced the Assured Career Progression Scheme (ACPS) for grant of financial upgradation to those who could not get their promotion within a specific period (12 and 24 years) though they were eligible for promotion. The said scheme was made effective from 09.08.1999. Later the CCS (RP) Rules, 2008 was brought into force with effect from 01.01.2006. Still later, the Modified Assured Career Progression Scheme (MACPS) replaced the ACP Scheme with effect from 01.09.2008. The contention of the applicant is that the pay scale of Rs.5000-8000/- which was the prescribed pay for Junior Hindi Translator was revised as Rs.6500-10500/- with effect from 01.01.2006 (as is evident from Annexure A-1 and Annexure A-2). The corresponding Pay Band was in PB-2 with GP Rs.4200/-. While this was so, as per Annexure A-3 O.M dated 13.11.2009 it has been decided that the pay scale of Rs.6500-10500/- is to be replaced with Rs.7450-11500/- which had a corresponding Pay Band of PB-2 with GP Rs.4600/-/. Disputes had arisen with respect to grant of financial upgradations under ACP and MACP -4- with regard to the cases of Junior Hindi Translators. The same was given a finality by the orders of this Tribunal in O.A.No.107/2011 finding that the upgradation in the case of Junior Hindi Translator is peculiar in view of merger as well as revision of pay scale of Junior Hindi Translators. A copy of the order in O.A.No.107/2011 has been produced at Annexure A-4. This order was later confirmed by the Hon'ble High Court of Kerala in O.P. (CAT) No.467/2012 which has been produced at Annexure A-5. Further the judgment of the Hon'ble High Court of Kerala at Annexure A-5 has since been confirmed by the Hon'ble Supreme Court in order dated 15.10.2012 in SLP (Civil) No.28536/2012, a copy has been produced at Annexure A-6.
4. Further, the Tribunal had considered O.A.No.953/2012 filed by one T.M.Thomas, a Junior Hindi Translator in Cochin Special Economic Zone for grant of GP of Rs.4600/- in the post of Junior Hindi Translator effective from 01.01.2006 on the basis of Annexure A-3 order of the Department of Expenditure, Implementation Cell dated 13.11.2009. He had also prayed for grant of consequential financial upgradation to Rs.4800/- after refixation of pay in GP Rs.4600/- with effect from 01.01.2006. The O.A.No.953/2012 was considered along with the O.A.No.656/2012. These O.As were referred to a Full Bench which concluded that initial GP attached to the post of Junior Hindi Translator as on 01.01.2006 is Rs.4600/-. The said Full Bench of the Tribunal in its decision dated 14.10.2013 found as follows : -5-
"21. Thus, it has to be accepted that the question, as to whether the JHTs are entitled for Grade Pay of Rs.4600/- on the basis of the O.M dated 13.11.2009 was answered positively in O.A.No.107/2011 and was confirmed by the Hon'ble High Court in O.P(CAT) No.467/2012.
22. In the circumstances, the reference as to whether JHTs in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs.4600/- from 01.01.2006 on the basis of the O.M dated 13.11.2009 or not has to be held to be in favour of the applicants and in the circumstances of the case there is no necessity of again referring the matter to the Division Bench for deciding the matter on facts. We hold that both the O.As are liable to be allowed and the same are accordingly allowed."
5. This findings of the Full Bench had been confirmed later by the Hon'ble High Court in O.P.(CAT) No.142/2014 (Annexure A-7). Annexure A-7 in turn was confirmed by the Hon'ble Supreme Court in Special Leave to Appeal (CC) No.23053/2016 on 26.07.2019. Various representations were then given by the applicant in this O.A seeking the benefit of the Full Bench decision of the Tribunal in O.A.No.953/2012 & O.A.No.656/2012. It is claimed that he is entitled to get fixation of pay in PB-2 with GP Rs.4600/- with effect from 01.01.2006. He also claimed financial upgradation for MACPS on completion of ten years on 27.09.2011 in GP Rs.4800/-. He points out that even after a finality to the issue had been given by the Full Bench of this Tribunal in O.A.No.953/2012 & O.A.No.656/2012, which was confirmed by the Hon'ble High Court as well as Hon'ble Supreme Court, other litigation which was filed before some other Tribunals was also found in favour of the applicants. He has produced orders in O.A.No.363/2015 by the Lucknow Bench of the -6- Tribunal dated 31.01.2019, in O.A.No.344/2017 by the Guwahati Bench of the Tribunal dated 14.03.2019 at Annexure A-11 and Annexure A-12. He had given a detailed representation referring to various orders by different Tribunals at Annexure A-13 to the respondents but submits that no action has been taken in the matter so far. He submits that it is well settled that the decision of the Hon'ble Courts of law are binding on all authorities and the benefits should be extended to similarly situated persons. He relies on Inder Pal Yadav & Ors. v. Union of India & Ors. 1995 (2) SCC 648 and State of Karnataka & Ors. vs. C.Lalitha 2006 (3) SCC 747. In Inder Pal Yadav (supra) the Apex Court held that "relief granted by the Court is to be given to other similarly situated employees without forcing them to Court for similar benefits." In C.Lalitha (supra) it was held that "service jurisprudence evolved by this Court from time to time postulates that all persons similarly situated should be treated similarly. Only because one person has approached the Court that would not mean that persons similarly situated should be treated differently."
6. The respondents have filed a reply statement in which they have not controverted the basic facts brought out in the O.A. They have stated that all the posts which were in the pre-revised scale Rs.5000-8000/- and Rs.5500-9000/- have been given the revised pay structure comprising PB-2 and GP of Rs.4200/-. Thus, if the post of Junior Hindi Translator is to be given the higher GP of Rs.4600/-, it will unsettle the balance of equations leading to wider repercussions. Further, it is mentioned that the post of -7- Junior Hindi Translator in offices outside CSOLS have been brought at par with the corresponding post in CSOLS in the revised pay structure effective from 01.01.2006 based on the recommendations of 6th Pay Commission, as accepted by the Government in terms of the O.M dated 24.11.2008 of the Department of Expenditure. As per this O.M the post of Junior Hindi Translator in CSOLS which was in a higher pay scale of Rs.5500-9000/- prior to 01.01.2006 as compared to the scale of Rs.5000-8000/- in case of Junior Hindi Translator in this case, has also been given the revised pay scale comprising PB-2 and GP of Rs.4200/-. Therefore, if the Junior Hindi Translator in this case is allowed the higher GP of Rs.4600/- it will directly lead to repercussions in the cases of Junior Hindi Translator of CSOLS. Further, the repercussions will not be confined up to Junior Hindi Translator in the CSOLS alone as the Senior Hindi Translator of CSOLS are in the GP of Rs.4600/- and, as such, the vertical equation would be adversely altered leading to demands from the Senior Hindi Translators also. While it may be seen that the orders of various Courts allowed the GP of Rs.4600/- to Junior Hindi Translators because in the order of Ministry of Finance dated 24.11.2008 it had been mentioned that the Junior Hindi Translator has been given the upgraded pre-revised pay scale of Rs.6500-10500/- and also because the subsequent order of the Department of Expenditure in O.M dated 13.11.2009 allowed the GP of Rs.4600/- in respect of the pre-revised pay scale of Rs.6500-10500/-, the same cannot be granted to the applicant as the logic is not based on a correct appreciation of the facts. The upgradation of the post of Junior Hindi Translator from the level of the pre- -8- revised pay scales of Rs.5000-8000/-/Rs.5500-9000/- to the pre-revised pay scale of Rs.6500-10500/- does not necessarily imply any higher GP in the revised pay structure, because, firstly, any upgradation recommended by 6 th Pay Commission is effective only in the revised pay structure effective from 01.01.2006. It has no effect in the pay structure obtaining prior to that. Secondly, since all the pre-revised pay scale of Rs.5000-8000/-, Rs.5500- 9000/-, Rs.6500-10500/- were placed in the common GP of Rs.4200/- the mention of the upgraded pay scale of Rs.6500-10500/- in the recommendations of the 6th Pay Commission pertaining to Junior Hindi Translator was only to signify that these posts had been upgraded and placed in the common GP for the sake of parity between CSOLS and offices outside Secretariat. Thus, the mere mention of the pre-revised pay scale of Rs.6500-10500/- to which the Junior Hindi Translators were not entitled prior to 01.01.2006, has no impact in the revised structure other than allowing the GP of Rs.4200/-.
7. In effect the point made by the respondents is that the Government order dated 13.11.2009 is not applicable in this case because that order was applicable only in respect of posts which were carrying the pre-revised pay scale of Rs.6500-10500/- as on 01.01.2006. The post of Junior Hindi Translator was not in the pay scale but in the lower pay scale of Rs.5000- 8000/- and Rs.5500-9000/-. As submitted earlier because of the references received from various Ministries the O.M dated 13.11.2009 was issued taking the pay scale of Rs.6500-10500/- from the common clubbing with -9- the pay scales of Rs.5000-8000/- and Rs.5500-9000/- and placing it in a different grouping for merger with the next higher pay scale of Rs.7450- 11500/-. It was for this reason that it was taken out from the group with GP of Rs.4200/- and placed in the group with GP of Rs.4600/-. This principle is not applicable in this present case where the post of Junior Hindi Translator in the pre-revised pay scale was Rs.5000-8000/- as on 01.01.2006. If it is allowed to draw the higher GP of Rs.4600/- it will have larger repercussions on the posts which were similarly placed in the pay scale of Rs.5000-8000/-.
8. The applicant has countered the averments made by the respondents in the reply statement. He submits that all these issues had been already considered and the issue of fixation of pay of Junior Hindi Translator in PB-2 with GP Rs.4600/- has been allowed in the Annexure A-4 order of this Tribunal, which was confirmed by the Annexure A-5 judgment of the Hon'ble High Court and Annexure A-6 judgment of the Hon'ble Supreme Court. Moreover, the pertinent issue was considered once again by the Full Bench of this Tribunal in O.A.No.953/2012 & O.A.No.656/2012, which again was confirmed by the Annexure A-7 judgment of the Hon'ble High Court and by the Annexure A-7(a) judgment of the Hon'ble Supreme Court. Several judgments in favour of the same issue have been delivered by the other Benches, as is evident from Annexure A-11 and Annexure A-12. It is thus clear that in terms of Annexure A-3 O.M issued by the Department of Expenditure the Junior Hindi Translators are entitled to be granted the -10- fixation of pay in PB-2 with GP of Rs.4600/- with effect from 01.01.2006 against what is presently sanctioned to the applicant at GP Rs.4200/-. The applicant has again referred to the decisions of the hon'ble Courts of Law which are binding on all authorities. He submits that the benefits should be extended to similarly situated persons as laid down by the Hon'ble Apex Court in Inder Pal Yadav & Ors. (supra) and C.Lalitha (supra). He points out that it is the Department of Expenditure, Implementation Cell which revised the pay structure of the official language cadre belonging to CSLOS, which included the post of Junior Hindi Translator, to Rs.6500- 10500/- with effect from 01.01.2006 vide its O.M No.F.No.1/1/2008-IC dated 24.11.2008. This pay scale has also been declared to have a corresponding Pay Band in PB-2 with GP Rs.4200/-. Later the corrigendum was issued on 27.11.2008 vide Annexure A-2 indicating that all Ministries/Departments are required to extend the revised pay structure as indicated in the table which had been approved for various posts in CSLOS to similarly designated Official Language posts existing in their subordinate offices.
9. The applicant draws specific attention to the third O.M issued by the Department of Expenditure, Implementation Cell indicating that posts in the pre-revised scale of Rs.6500-10500/- as on 01.01.2006 (and which had been granted the normal replacement pay structure of GP of Rs.4200/- in PB-2) will be granted GP of Rs.4600/- in the Pay Band PB-2 corresponding to the pre-revised scale of Rs.7450-11500/- with effect from 01.01.2006. Further -11- in addition to the cases already referred to earlier in this O.A., the applicant has also pointed to the recent orders of this Tribunal in O.A.No.180/668/2016 dated 10.01.2022. In that O.A, which was in the matter of some Junior Hindi Translators working in the Indian Navy, this issue had been once again considered by this Tribunal in detail. The O.M referred above as well as court judgments were also considered in the said O.A. It was held that "In view of the law laid down by the Tribunal in O.A.Nos.656/2012 & 953/2012 and the order of the Hon'ble High Court in Union of India & 2 Ors. vs. T.M.Thomas in O.P.(CAT) No.142/2014, we hold that applicants in this O.A are also entitled to get the Grade Pay of Rs.4600/- with effect from 01.01.2006 and they are also entitled to get their pay refixed with effect from 01.01.2006 in the new scale of Rs.9300-34800/- with Grade Pay of Rs.4600/- with all financial upgradations as per law."
10. Thus, drawing from the above orders as well as the referred O.Ms earlier, we are of the opinion that the matter has been fully settled and that it is incumbent upon the respondents now to take a decision in the light of these decisions. The applicant in this O.A has been making representations in this regard right from 08.05.2015 to no avail although he had been bringing to notice of the concerned authorities the said judgments and orders. It is surprising that the Department had not responded to him in this regard and has, instead, been waiting for further directions perhaps from the Tribunal in the matter. The judgments of the Hon'ble Supreme Court in the case of Inder Pal Yadav as well as C.Lalitha referred to earlier had -12- established that these reliefs should be granted to the applicant as well as to other persons like him who are working in the Regional Passport Organisation without any further delay.
11. Thus, we hold that the applicant is eligible and entitled for pay fixation in PB-2 with GP Rs.4600/- with effect from 01.01.2006 and consequential fixation on grant of first MACP in GP Rs.4800/- with effect from 27.09.2011. The respondents shall calculate the arrears to be paid to the applicant and complete payment within a period of three months from the date of receipt of a copy of this order.
12. The O.A is allowed as indicated above. No order as to costs.
(Dated this the 23rd day of December 2022)
K.V.EAPEN JUSTICE K.HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00407/2020
1. Annexure A-1 - A copy of the O.M.F.No.1/1/2008-IC dated 24.11.2008 issued by the Ministry of Finance, Department of Expenditure, Implementation Cell.
2. Annexure A-2 - A copy of the Corrigendum No.F.No.1/1/2008-IC dated 27.11.2008 issued by the Ministry of Finance, Department of Expenditure, Implementation Cell.
3. Annexure A-3 - A copy of the O.M.F.No.1/1/2008-IC dated 13.11.2009 issued by the Ministry of Finance, Department of Expenditure, Implementation Cell.
4. Annexure A-4 - A copy of the judgment dated 27.09.2011 in O.A.No.107/2011 of the Hon'ble Tribunal.
5. Annexure A-5 - A copy of the judgment dated 21.06.2012 in O.P. (CAT) No.467/2012 of the Hon'ble High Court of Kerala.
6. Annexure A-6 - A copy of the order dated 15.10.2012 in SLP (Civil) No.28536/2012 of the Hon'ble Supreme Court.
7. Annexure A-7 - A copy of the judgment dated 01.04.2015 in O.P. (CAT) No.142/2014 of the Hon'ble High Court of Kerala.
8. Annexure A-7(a) - A copy of the order dated 26.07.2019 in Special Leave to Appeal (CC) No.23053/2016 of the Hon'ble Supreme Court.
9. Annexure A-8 - A copy of the representation dated 08.05.2015 to the 3rd respondent.
10. Annexure A-9 - A copy of the representation dated 02.06.2015 to the 3rd respondent.
11. Annexure A-10 - A copy of the communication No.TVM/586/31/10 dated 03.06.2015 issued by the 1st respondent.
12. Annexure A-11 - A copy of the order dated 31.01.2019 in O.A.No.363/2015 by the Lucknow Bench of the Hon'ble Tribunal.
13. Annexure A-12 - A copy of the order dated 14.03.2019 in O.A.No.344/2017 by the Guwahati Bench of the Hon'ble Tribunal.
14. Annexure A-13 - A copy of the representation dated 05.02.2020 to the office of the 2nd respondent.
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15. Annexure A-14 - A copy of the order dated 10.01.2022 in O.A.No.180/00668/2016 of the Hon'ble Tribunal.
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