Central Administrative Tribunal - Ernakulam
Ek Mohammed Haneefa vs Ut-Lakshadeep Administration on 17 March, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.181/00166/2022
Monday this the 17th day of March 2025
CO RAM :
HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
E.K.Mohammed Haneefa,
Aged 53 years,
S/o.Muthukoya.K.C.,
Trained Graduate Teacher (Maths),
GSB School, Kavaratti,
Union Territory of Lakshadweep - 682 555.
Residing at Government Quarters, Kavaratti. ...Applicant
(By Advocates Mr.T.C.Govindaswamy, Ms.Kala.T.Gopi &
Mr.Namadeva Prabhu B)
versus
1. The Administrator,
Union Territory of Lakshadweep,
Kavaratti - 682 555.
2. The Director of Education,
Directorate of Education,
Lakshadweep Administration,
Kavaratti - 682 555. ...Respondents
(By Advocate Mrs.Sreekala.K.L, SPC)
This application having been heard on 6 th March, 2025 the
Tribunal on 17th March 2025 delivered the following :
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ORDER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER Having heard both sides in extenso the following is decided :
Briefly speaking the factual matrix are as under - the applicant is presently working as Trained Graduate Teacher (Maths) at Government Senior Basic School, Kavaratti in PB2 + GP Rs.5400/- (Level 9 of the Pay Matrix). He is aggrieved by an order by which his pay is retrospectively reduced with effect from 12.08.2007 by taking away the fixation benefits granted to him under Rule 13 of the CCS (Revised Pay) Rules, 2008 on promotion from PB2 + GP Rs.4600/- to PB2 + GP Rs.4800/-. A copy of the same is produced as Annexure A-2. Subsequently his representation was rejected vide Order No.F.No.9/3/2021-Edn/Estt./61 dated 14.03.2022. A copy of the same is produced as Annexure A-1. Annexure A-1 also indicates that there would be recovery of alleged overpayment and reduces the applicant's pay with effect from 12.08.2007.
2. The applicant was initially appointed as Trained Graduate Teacher (Maths) on 12.08.1995 in the scale of pay of Rs.1400-2600 (PB2 + GP Rs.4600/-). The applicant on completion of 12 years was promoted and A S PEETHAMBARAN 2025.03.17 13:19:07+05'30' -3- granted PB2 + GP Rs.4800/- (Senior Scale) with effect from 12.08.2007 in terms of the Government Order on the subject. Thereafter the applicant's pay was fixed with effect from 12.08.2007 by applying Rule 13 of the CCS (Revised Pay) Rules, 2008. On 01.07.2007 as per the pay fixation under CCS (Revised Pay) Rules, 2008 the applicant was drawing a Band Pay of Rs.14380/- + GP Rs.4600/-. The basic pay being the sum of the Band Pay and the GP was Rs.18980/-, 3% of Rs.18980/- being Rs.569.4, the same was added to the Band Pay of Rs.14380/- would come to Rs.14949.4. Therefore, the applicant's pay on promotion from GP Rs.4600/- to GP Rs.4800/- was fixed as Rs.14950/- + Rs.4800/-. In 2015 the applicant was also granted 2 nd financial upgradation ie. PB2 + GP Rs.5400/- (Level 9 of the Pay Matrix). A copy of the same is produced as Annexure A-3.
3. The respondents directed the refixation of the applicant's pay with effect from 01.01.2006 and consequently on 23.09.2021 Annexure A-2 order was issued wherein the pay of the applicant was refixed with effect from 01.01.2006 on the basis of the observations of the Accounts Officer (Pension) vide Letter No.F.No.PEN/A-24/2020-PAOL (1) dated 16.06.2021 of the AO (Pension), Kavaratti. The pay fixation on implementation of the 6 th CPC to the applicant has been verified and it A S PEETHAMBARAN 2025.03.17 13:19:07+05'30' -4- was found that the applicant had entered into Government service in the forenoon of 12.08.1995 as Trained Graduate Teacher. He was granted one increment on 01.01.2006 in the pre-revised pay scale as a one time measure while fixing under the 6 th CPC. It was noted that as per O.M.No.10/02/2011-E.II/A dated 19.03.2012 such increment was prescribed for those who were due to get their annual increment between February to June. Since his date of increment prior to implementation of the 6th CPC was 01.08.2005 and did not fall between February and June, it is determined that he was not entitled to additional increment from 01.01.2006 and accordingly his pay was refixed withdrawing this additional increment. However, the applicant submits that while withdrawing this increment his pay fixation on the granting of Senior Timescale with effect from 12.08.2007 was done without granting benefit of 3% additional increment and the fixation benefit granted to him on 12.08.2007 under Rule 13 of the CCS (Revised Pay) Rules, 2008 is seems to be taken away. Hence Band Pay prior to promotion and after promotion from GP Rs.4600/- to GP Rs.4800/- is the same as the benefit of an additional increment of 3% has not been applied and, therefore, the fixation of the scale of pay with effect from 12.08.2007 has resulted in substantial reduction in applicant's pay.
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4. Having submitted a representation vide Annexure A-5 and having got no response to the representation, the applicant filed O.A.No.578/2021 before this Tribunal which was disposed of vide order dated 01.11.2021 directing the competent authority to consider the representation of the applicant on the basis of the relevant rules and regulations and Rule 13 of CCS (Revised Pay) Rules, 2008 and pass a speaking order on the same after giving an opportunity to the applicant for hearing within a period of three months from the date of receipt of a copy of the order. A further direction not to implement Annexure A-1 till the disposal of the representation was also given. In compliance of the directions to the aforesaid order of this Tribunal, the respondents have now issued Annexure A-2 order rejecting the claim of the applicant. It is submitted by the applicant that the fixation of pay has been done under FR 22 instead of Rule 13 of the CCS (Revised Pay) Rules, 2008 which would be the rule that governed the situation as on 12.08.2007. Rule 13 of the CCS (Revised Pay) Rules, 2008 reads as under :
"13. Fixation of pay on promotion on or after 01.01.2006 - In the case of promotion from one grade pay to another in the revised pay structure, the fixation will be done as follows -
(i) One increment equal to 3% of the sum of the pay in the pay band and the existing grade pay will be computed and rounded off to the next multiple of 10. This will be added to the existing pay in the pay band. The grade pay A S PEETHAMBARAN 2025.03.17 13:19:07+05'30' -6- corresponding to the promotion post will thereafter be granted in addition to this pay in the pay band. In cases where promotion involves change in the pay band also, the same methodology will be followed. However, if the pay in the pay band after adding the increment is less than the minimum of the higher pay band to which promotion is taking place, pay in the pay band will be stepped to such minimum.
(ii) In the case of promotion from PB-4 to HAG+, after adding one increment in the manner prescribed in Rule 9, the pay in the pay band and existing grade pay will be added and the resultant figure will become the basic pay in HAG+. This shall not exceed Rs.80000/-, the maximum of the scale. For Government servants in receipt of NPA, pay plus NPA will not exceed Rs.85000/-."
5. It is to be noted that the Tribunal in O.A.No.578/2021 directed the competent authority to consider the representation of the applicant dated 22.10.2021 on the basis of the relevant rules and regulations and Rule 13 of the CCS (Revised Pay) Rules, 2008 and pass a speaking order. On an examination of Annexure A-1, it is noted that the pay fixation order has been issued in terms of FR 22(1)(a)(2) and it has been held that the Annexure A-1 order is right and proper in terms of FR 22 (1)(a)(2).
6. There are two separate issues to be examined here. One is that Rule 10 of CCS (Revised Pay) Rules, 2008 determine that there will be a uniform date of annual increment ie., 1st July of every year. Employees A S PEETHAMBARAN 2025.03.17 13:19:07+05'30' -7- completing six months and above in the revised pay structure as on 1 st of July will be eligible to be granted the increment. The first increment after fixation of pay on 01.01.2006 in the revised pay structure will be granted on 01.07.2006 for those employees for whom the date of increment was between 1st July 2006 to 1st January 2007, which would squarely apply in this case. An additional increment was granted to the Central Government employees who are due to get annual increment between February to June, 2006 on 01.01.2006 in the pre-revised scale as a one time measure and thereafter will get the next increment in the revised pay structure on 01.07.2006 as per Rule 10 of the CCS (Revised Pay) Rules, 2008. This is as per the Department of Expenditure O.M.No.10/02/2011-E.III/A dated 19.03.2012. Since date of next increment of the applicant fell in the month of August, he was not eligible for an additional increment on 01.01.2006 in the pre-revised scale as per the terms of the aforesaid O.M and the fixation of first increment after fixation of pay on 01.01.2006 in the revised pay structure was due to be granted on 01.07.2006. To that extent the pay fixation order is in accordance with the rules. However, it is intriguing to note that having fixed his pay under the 6 th CPC as per Rule 10 of the CCS (Revised Pay) Rules, 2008 and granting his increment on 01.07.2006, at the time of fixation of pay in the Senior Scale the A S PEETHAMBARAN 2025.03.17 13:19:07+05'30' -8- respondents have reverted to FR 22 (1)(a)(2) without reference to Rule 13 of the CCS (Revised Pay) Rules, 2008, which is squarely applicable in the case of promotion from one grade pay to another in the revised pay structure and describes how the pay fixation will be done. To that extent the Annexure A-1 order is both in violation of the directions of this Tribunal in O.A.No.578/2021 and the pay fixation rules which were in place after 01.01.2006.
7. Accordingly, it is held that the relief sought for ie., the applicant is entitled to have his pay fixed under Rule 13 of the CCS (Revised Pay) Rules, 2008 on promotion from GP Rs.4600/- to GP Rs.4800/- in PB2 with effect from 12.08.2007. Section (1) of the Revised Pay Rules, 2008 clearly states that they shall be deemed to have come into force on the 1 st day of January, 2006. That being so, there is no reason for Rule 13 of the CCS (Revised Pay) Rules, 2008 to have not been applied, and FR 22 (1)
(a)(2) to have been applied independently in this particular situation of pay fixation. Therefore, it appears that the Annexure A-1 impugned order has been issued as a result of incorrect appreciation of the rule position and is, therefore, set aside. The O.A is allowed to that extent. The pay of the applicant shall be refixed under the terms of the CCS (Revised Pay) Rules, 2008 with effect from 01.01.2006 as discussed in A S PEETHAMBARAN 2025.03.17 13:19:07+05'30' -9- the preceding paragraphs and the revised order determining his pay shall be issued within a period of three months from the date of receipt of a copy of this order. No order as to costs.
(Dated this the 17th day of March, 2025)
V.RAMA MATHEW JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.181/00166/2022
1. Annexure A-1 - A copy of the Order bearing No.F.No.9/3/2021- Edn./Estt./61 dated 14.03.2022 issued by the 2nd respondent.
2. Annexure A-2 - A copy of the Order bearing No.F.No.2/2/2021- Edn./Estt./762 dated 23.09.2021 issued by the 2nd respondent.
3. Annexure A-3 - A copy of the Fixation Order dated 15.07.2013 issued by the Principal and the Designated Officer of the District Panchayath, Minicoy Island.
4. Annexure A-4 - A copy of the relevant pages of the applicant's service register found enclosed along with Annexure A-1.
5. Annexure A-5 - A copy of the representation dated 22.10.2021 submitted to the 2nd respondent through proper channel.
6. Annexure A-6 - A copy of the order of this Tribunal in O.A.No.578/2021 dated 01.11.2021.
7. Annexure R-1(a) - A copy of the letter F.No.PEN/A-24/2020- PAOL(1) dated 16.06.2021.
8. Annexure R-1(b) - A copy of the fixation order F.No.1/22/2003- HSM dated 15.07.2013.
9. Annexure R-1(c) - A copy of the F.No.2/2/2021-Edn./Estt./762 dated 23.09.2021.
10. Annexure R-1(d) - A copy of the F.No.9/3/2021/Edn/Estt/61 dated 14.03.2022.
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