Sri. Solomon Db Chenji vs Union Of India on 17 November, 2021

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Karnataka High Court

Sri. Solomon Db Chenji vs Union Of India on 17 November, 2021

Bench: P.S. Dinesh Kumar

                             -1-



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 17TH DAY OF NOVEMBER, 2021

                       PRESENT
     THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                         AND
       THE HON'BLE MR. JUSTICE E.S. INDIRESH

      WRIT PETITION No.42112 OF 2018 (S-CAT)

BETWEEN :
SRI. SOLOMON DB CHENJI
S/O SRI. JOHN CHENJI
AGED 60 YEARS
RETIRED DEPUTY LEGAL ADVISOR
BRANCH SECRETARIAT
KENDRIYA SADAN
KORAMANGALA
BENGALURU-560 034

RESIDING AT NO.82/2
BAZAR STREET, VIVEK NAGAR
VANNARPET
BENGALURU-560 047.                   ... PETITIONER

(BY SHRI. P.A. KULKARNI, ADVOCATE)
[THROUGH VIDEO CONFERENCE]

AND :
1.     UNION OF INDIA
       TO BE REPRESENTED BY
       THE LAW SECRETARY
       MINISTRY OF LAW AND JUSTICE
       DEPARTMENT OF LEGAL AFFAIRS
       SHASTRI BHAVAN
       NEW DELHI-110 115

2.     THE SECRETARY
       DEPARTMENT OF EXPENDITURE
       MINISTRY OF FINANCE
                                -2-



      GOVERNMENT OF INDIA
      ROOM NO.76
      NEW DELHI-110 001

3.    DEPUTY SECRETARY FINANCE
      LEGISLATIVE DEPARTMENT
      MINISTRY OF LAW AND JUSTICE
      GOVERNMENT OF INDIA
      4TH FLOOR, SHASTRI BHAVAN
      NEW DELHI-110 115

4.    PAY AND ACCOUNTS OFFICER
      DEPARTMENT OF LEGAL AFFAIRS
      MINISTRY OF LAW AND JUSTICE
      4TH FLOOR, 'B' BLOCK
      JANPATH BHAVAN, JANPATH
      NEW DELHI-110 001

5.    BRANCH SECRETARIAT
      DEPARTMENT OF LEGAL AFFAIRS
      4TH FLOOR, 'D' AND 'F' WING
      KENDRIYA SADAN
      KORAMANGALA
      BENGALURU-560 034                 ... RESPONDENTS

(BY SHRI. M.N. KUMAR, CGC)
                          ....
      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 23.08.2018 IN OA 170/514/2017, ANNEXURE-A PASSED BY
CAT BENGALURU BENCH, BENGALURU AND ALLOW OA 170/514/2017.


      THIS WRIT PETITION COMING ON FOR HEARING, THIS
DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:


                          ORDER

Petitioner was working as Deputy Legal Advisor in Ministry of Law and Justice, Government of India. He -3- approached the CAT1 contending inter alia that his Ministry had issued order dated July 11, 2017, fixing his basic pay by applying multiplication factor of 2.67. Subsequently, it was corrected by applying the multiplication factor as 2.57 as per Annexure-A4 dated September 4, 2017. The CAT has examined and opined that the entire case rests on whether the 'Index of Rationalization2' and the 'Multiplication factor' or 'fitment' are one and the same. On consideration of the material on record, CAT has dismissed the application filed by the petitioner.

2. Shri. P.A. Kulkarni, learned Advocate for petitioner submitted that the impugned order passed by the CAT is without proper application of mind.

3. Shri. M.N. Kumar, learned CGC for Union of India submitted that the multiplication factor is 2.57 and this is uniformly applied as per the Resolution dated July 25, 2016, passed by the Department of Expenditure. The 'IOR' is nothing to do so far as fixation of pay is concerned.

1 Central Administrative Tribunal -4-

4. The CAT, in our considered view has rightly recorded that as per Clause 4(2) of the Resolution dated July 25,2016 issued by Department of Expenditure, the fixation of pay of the employee in the new pay Matrix as on January 01, 2016, has to be multiplied by 2.57. In the case of applicant, the Ministry has issued the revised order dated August 1, 2017 by applying the multiplication factor 2.57, which is in consonance with the Office Memorandum dated September 28, 2017 issued by the Ministry of Finance. There is no infirmity in the order passed by the CAT.

Accordingly, petition is dismissed. No costs.

Sd/-

JUDGE Sd/-

JUDGE SPS 2 'IOR' for short

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