Central Administrative Tribunal - Kolkata
Abani Mukhi vs M/O Defence on 20 December, 2024
1
O.A.350/1953/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
O.A.350/1953/2021 (Kolkata) Heard on:18.12.2024
Date of Order: 20.12.2024
Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Rajinder Singh Dogra, Judicial Member
Shri Abani Mukhi, Son of Late Debendra Mukhi, aged about 63
years, since retired from Station Workshop EME, Balasore, P.O.
Chandipur, District- Balasore, Orissa- 756025, permanently residing
at Sikharpur, P.O. Jaleswar, District- Balasore- 756032, Odissa,
presently residing at C/o Ashok Chatterjee, Authpur 2 No.
Ferryghat, P.S. Jagatdal, District: North 24 Parganas, West Bengal,
Pin-743128.
..... Applicant
-Versus-
1. Union of India service through the Secretary, Ministry of
Defence, South Block, New Delhi-110011.
2 Director General of EME (Civil-3). Master General of
Ordnance Branch, IHQ of MOD (Army) DHQ, PO- New Delhi-
110105.
3. MGEME, HQ, Central Command (EME), Pin-900450, C/o 56
APO.
4. DDEME, HQMB Area (EME) Pin- 901124, C/o 56 ΑΡΟ.
5. Adm-Comdt. Stn- HQ- Balasore, P.O- Chandipur, District
Balasore, Pin-756025.
6. The PCDA (P), Allahabad, Draupadighat, Pin- 211014.
7. The OIC, EME Records, Pin- 900453, C/o 56APO
8. Shri Pradeep Kumar Behara, son of not known, T. No. 56
Fitter, Stn- WKSP EME Balasore, now attached to Stn. HQ
Balasore, P.O. Chandipur, Odisha, Pin-756-25.
----Respondents
For The Applicant(s) : Mr. J.R Das, Counsel
For The Respondent(s): Mr. P.N. Sharma, Counsel
2
O.A.350/1953/2021
ORDER
Per: Mr. Rajinder Singh Dogra, Judicial Member:
The case of applicant in brief, is that he is an SC candidate and was initially appointed as a Safaiwalla at Station Workshop, EME, Balasore under Ministry of Defence on 22.10.1979 and as per record, he obtained 1" promotion to the grade of TD Mate (Gun) (Remoistening) w.e.f 01.06.1997 and further promotion to the grade of Gun Fitter (Skilled) w.e.f 01.01.2003 and thereafter again promoted to Gun Fitter (H.S Gde. II) w.e.f. 01.04 2008, it has since been revised through the recommendation of the Board of Officers, to be effected from 01.01.2006, along with pay fixation benefit accordingly, however, it has not been implemented till date.
2. It is the case of the applicant that, the private respondent herein at Sl. No. 13 of the said Seniority List, one Sri Pradeep Kumar Behara, an OBC Candidate, transferred from Naval Dockyard, Mumbai on 18.01.2003 at his own interest, necessarily on being demoted and placed at lowest seniority, but even thereafter, promoted to Gun Fitter H.S. Gde-II w.e.f. 29.03.2003 and again Fitter Gun HS Grade-I w.e.f. 01.04.2008 since recommended to be effected on 01.04.2006 causing huge discrimination without any fault of the applicant.
3. It is submitted that copy of the list showing appointment/ promotion of Industrial employees of Stn. Wksp. EME, Balasore (Odisha) as on 31 July, 2014 along with recommendation by the 3 O.A.350/1953/2021 Board of Officers being annexed herein and marked as Annexure "A- 1" in the O.A. It is further stated that the applicant has made no of representations dated 13.03 2021, 17.09.2021 (Annexure-A/2) respectively after he could learn about his enhancement of Grade- II HS since 01.01.2006 addressing the Adm. Commandant, Station HQ Balasore praying for effecting of the said recommendation by the Board of Officers to effect his promotion to H.S. Grade-II w.e.f. 01.01.2006 which are still pending consideration. Hence, the instant O.A. with the following prayers:-
"(i) An order directing the respondents to implement the recommendation by the Board of Offices for effecting the promotion of the applicant to High Skilled Gde II w.e.f 01.01.2006 with retrospective effect along with fixation/ monetory benefits since the said 01.01.2006 and accordingly came upward revision of his pension & pensionary benefits we.f. 01.032018 (applicant superannuated on 28.02.2018) in conformity to the direction of the said Board of Officers (A-1) within no time in the interest of justice.
(ii) An order directing the respondents to calenlate & pay the difference of pay and allowances as due since 01.01.2006 as also difference of pension and pensionary benefits due since 01.03.2018 (applicant superannuated on 28.02.2018) with statutory interest thereon as thought fit and proper by the Hon'ble Bench.
(iii) An order directing the respondents to place all the relevant papers/ documents before the Hon'ble Bench with copy to the Ld. Advocate for the applicant for conscionable justice.
(iv) An order directing the respondents to dispose of the representations made by the applicant in the interest of justice.
(v) Any other order/orders, further order/orders as to this Hon'ble Tribunal seem fit and proper."4
O.A.350/1953/2021
4. In support of the relief, Learned counsel for the applicant has placed reliance on "the recommendation of the Board of Officers dated 25.06.2020" and submitted that one Shri Pradeep Kumar Behara, an OBC candidate, stated to have been initially appointed as Fitter (Gun) Skilled Grade w.e.f. 10.07.2000 has since been promoted to Gun Fitter (H.S. Grade-II) w.e.f. 29.3.2003 and Fitter Gun (HS Grade-I) w.e.f. 01.04.2008. That of late applicant has come to learn that following recommendation of the Board of Officers date 25th June, 2020, applicant has been promoted to the grade of H.S.-II Grade w.e.f. 01.01.06 and be allowed with pay fixation benefits accordingly @ G.P. Rs.2400/- the PB Rs.5200- 20,200 w.e.f. 01.06.2008 and the said Shri P. Behara being allowed at the grade of H.S. Grade-I @ G.P. Rs.2800/ w.e.f 01.01.2006 although being junior to the applicant. Applicant, however, has not been allowed with the benefits/G.P. of said promotion as allowed to his junior with his due pensions/ pensionary benefits and difference of pay, allowance, pension, pensionary benefits, which is in violation of Article 14 & 16 of the Constitution.
5. The respondents filed counter inter alia stating that the applicant, Shri Abani Mukhi was an employee of Station Workshop. EME, Balasore under Ministry of Defence and he retired on 28 Feb 2018. According to the seniority list of employees of Station Workshop EME, Balasore as on 31 July, 2014, applicant being an SC Candidate, since joined as a Safaiwala on 22nd October 1979, has obtained 1st promotion to the grade of TD Mate(Gun) 5 O.A.350/1953/2021 (Remustering) with effect from 1st Jun 1997 and further promotion to the grade of Gun Fitter (Skilled) with effect from 1st Jan 2003 and further promoted to Gun Fitter (Highly Skilled Grade-II) with effect from 1st Apr 2008 under regular DPC board conducted by Stn Wksp EME, Balasore duly approved by HQ MB Area (EME) dated 15th May 2008 and the said Board has already been cancelled/superseded vide Stn Wksp EME DO Part-II Order No. 04/SWB/IND/20 dt 19th Aug 2020. It is further submitted that Shri Pradeep Kumar Behara, an OBC candidate, stated to have been initially appointed as Fitter (Gun) Skilled Grade on 10th Jul 2000 and he was promoted to Gun Fitter (Highly Skilled Grade-II) with effect from 1st Feb 2003 and Fitter Gun (Highly Skilled Grade-I) with effect from 1st Jan 2006. That the applicant has come to learn that following recommendation of the Board of Officers dated 25th June 2020, applicant was promoted to the grade of Highly Skilled-Il with effect from 1st Jan 2006 and allowed pay fixation benefits accordingly @ Grade Pay of Rs. 2,400/ PB 1 Rs. 5200-20200 with effect from the said 1st Jan 2006 and the said Shri Pradeep Kumar Behera was allowed at the grade of Highly Skilled Grade-1 & Rs 2800/- as G.P.with effect from 01st Jan 2006 since he was junior to the applicant.
6. It is further submitted by the respondents that the applicant was appointed as Safaiwala on regular basis w.e.f 01.06 1997 and promoted by Tradesman Mate(gun) and further promoted to Gun Fitter (Skilled w.e.f 01.01.2003 and thereafter again 6 O.A.350/1953/2021 promoted to Gun Fitter (HS Grade-II) w.e.f 01.04.2008 since been revised recommendation of the board of officers with effect from 01 Jan 2006 along with pay fixation benefit accordingly not been implemented till date. On scrutiny of official documents received from Stn HQ Balasore, it is observed that though Shri Abani Mukhi was Short Listed/recommended in the promotion board from Filter Skilled Grade to Fitter Highly skilled Grade-II w.e.f 01 Jan 2006 under restructuring Cadre of Artisan Staff of erstwhile Station Wksp EME Balsore on the basis of Govt. of India, Ministry of Defence letter No. 11(5)/2009-D(Civ-1) dt. 14 Jun 2010. However, further implementation of pay & allowances have not been carried out in order to avoid any excess payment to the applicant since Test Audit objection has raised against the initial promotion in respect of Shri Abani Mukhi (the Applicant) from Safaiwala to Tradesman Mate. The same has not been resolved/regularized till date. In this regard it is also submitted that Shri Abani Mukht was initially appointed as a Safaiwala in Non-Industrial Cadre and then promoted to TD Mate through Unit Promotion Committee (UPC) for filling up vacancy in trade by promoting a written test followed by practical & Oral test as well as interview and the same DPC was also approved by HQ MP & O Area, Jabalpur vide letter dated 28 May, 1998.
7
O.A.350/1953/2021
7. It is submitted by the respondents that as per seniority list o(Annexure-A/1) it has been observed that Pradeep Kumor Behara was appointed as Gun Fitter (Skilled) on regular basis at Naval Dockyard, Mumbai on 10 July 2000. Thereafter, he got transfer on his own request on compassionate ground as a Gun Fitter (Skilled) from Naval Dockyard, Mumbai to Station Wksp EME, Balasore on 18 Jan 2003 accordingly he was demoted and placed at lowest seniority in the new organization/office. However, Shri Abani Mukhi was promoted to Gun Fitter Skilled w.e.f. 01.01.2003, as per policy in vogue herein as the applicant was top in the seniority list as on 31 July 2014.
8. The applicant has filed his rejoinder to the counter filed by the respondents by reiterating the points raised in the O.A.
9. Heard the learned counsel for the parties and perused the materials placed on record.
10. After giving in-depth consideration to the arguments advanced by parties we find that the merit of the case lies in favour of the applicant that admittedly, he was senior to Sri P.K. Behara (Private Respondent No.8), but the Grade Pay and salary of the Private Respondent No.8 is higher than the Grade Pay and salary of the present applicant. In support of the claim of the applicant for Grade Pay of Rs.2800 at par with the Private Respondent No.8, the applicant has fulfilled all the conditions as laid down under "the recommendation of the Board of Officers dated 25.06.2020". 8
O.A.350/1953/2021
11. In view of the above, the Private Respondent No.8 who is junior to the applicant cannot be granted higher Grade Pay and salary over the applicant who is senior to him. Hence, we allow the instant O.A. by directing Respondents to implement the recommendation by the Board of Offices for effecting the promotion of the applicant to High Skilled Ggrade-II w.e.f 01.01.2006 with retrospective effect along with fixation/ monetary benefits since the said 01.01.2006 accordingly came upward revision of his pension & pensionary benefits w.e.f. 01.03.2018 (since applicant superannuated on 28.02.2018) in conformity to the direction of the said Board of Officers. Thereafter, it is further directed to the respondents to calculate & pay the difference of pay and allowances as due since 01.01.2006 and also difference of pension and pensionary benefits along with all consequential financial benefits within a period of six weeks from the date of receipt of certified copy of this order.
12. In the result, this OA stands allowed to the extent stated above. There shall be no order as to costs.
(Rajinder Singh Dogra) (Anindo Majumdar) Member (J) Member (A) KB