Kerala High Court
Union Of India vs Puthukulangara Mohan on 9 November, 2021
Bench: K.Vinod Chandran, V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
RP NO. 697 OF 2020
AGAINST THE ORDER/JUDGMENT IN OP (CAT) 289/2016 OF HIGH COURT OF
KERALA
REVIEW PETITIONER:
UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SPACE,
GOVERNMENT OF INDIA, ANTARIKSH BHAVAN, NEW BEL ROAD,
BANGALORE-560 094
BY ADV SRI.T.V.VINU, CGC
RESPONDENTS:
1 PUTHUKULANGARA MOHAN
S/O. GOPALAN, SC NO. 23607, SENIOR PROJECT ASSISTANT
(RTD.), VSSC, RESIDING AT SANTHA NIVAS, MANNAMMOOLA,
MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM
2 CHELLAMMA NIRMALA,
W/O. C. SASIDHARAN, SC NO. 24059, SENIOR PROJECT
ASSISTNAT (RTD.) VSSC, RESIDING AT BETHEL HOUSE, VIKAS
NAGAR, PANAYARAKUNNU, BALARAMAPURAM P.O,
THIRUVANANTHAPURAM.
3 RAMLA BEEVI,
W/O. P. AZIZKHAN, SC NO. 25433, SENIOR PROJECT
ASSISTANT (RTD.),VSSC, RESIDING AT PUNNAMOODU HOUSE,
KALLAMPALLY MEDICAL COLLEGE, P.O. THIRUVANANTHAPURAM.
4 KALIKUTTY OMANA,
W/O. K. SIVAPRASAD VIJAYAN, SC NO. 26700, SENIOR
PROJECT ASSISTANT (RTD.), VSSC, RESIDING AT TC
39/51291), SREESYLAM, CHADIYARA, POOJAPPURAM,
THIRUVANANTHAPURAM.
5 SHIRLY MARIAM,
W/O. PARLES PEREIRA (LATE), SC NO. 26735, SENIOR
PROJECT ASSISTANT (RTD.), VSSC, RESIDING AT CHIRAYIL
HOUSE, KAZHAKUTTOM P.O, THIRUVANANTHAPURAM.
6 MADHAVAN KOWSALLIA LATHA,
W/O. P.D. SHAJI, SC NO. 23265, SENIOR PROJECT ASSISTANT
(RTD.), VSSC/ISRO , RESIDING AT TC 3/2138 (14), ATHIRA,
LIC LANE PATTOM P.O, THIRUVANANTHAPURAM.
RP No.697/2020 - 2 -
7 THENKALLUNKAL GEORGE ANNAMMA,
W/O. M.A. VARGHESE, SC NO. 20292, SENIOR PROJECT
ASSISTANT (RTD.), VSSC , RESIDING AT QRT NO. C-157,
VSSC HOUSING COLONY, ST. XAVIERS COLLEGE P.O,
THIRUVANANTHAPURAM.
8 SYAMALA SREEKANTHAN,
W/O. K. SREEKANTHAN, SC NO. 26781, SENIOR PROJECT
ASSISTANT (RTD.), VSSC, RESIDING AT ANASWARAM, NEAR
FATHIMA MATHA CHURCH, VILAYIKULAM, KAZHAKUTTOM P.O,
THIRUVANANTHAPURAM.
9 HARIDASAN GANGADHARAN,
S/O. GANGADHARAN, SC NO. 22036, SENIOR PROJECT
ASSISTANT (RTD.), VSSC, RESIDING AT SAPHALYAM, NEHRU
JUNCTION, KAZHAKUTTOM P.O, THIRUVANANTHAPURAM.
10 SWARNAMMA NIRMALA,
W/O. MURALEEDHARAN S, SC NO. 24087, SENIOR PROJECT
ASSISTNAT , VSSC/ISRO, RESIDING AT VAISHNAVAM, NEHRU
JUNCTION, KAZHAKUTTOM P.O, THIRUVANANTHAPURAM.
11 SHAJAHAN JALALUDHEEN,
S/O. JALALUDEEN, SC NO. 26882, SENIOR PROJECT
ASSISTANT, VSSC/ ISRO, RESIDING AT ALNA GARDENS,
ATTINKUZHI, KAZHAKUTTOM P.O, THIRUVANANTHAPURAM.
12 ABBEY ISSAC,
W/O. P. I.ISSAC, SC NO. 20324, SENIOR PROJECT ASSISTANT
, VSSC/ISRO, RESIDING AT QRT NO. VI/45, ISRO STAFF
QUARTERS, PALLITHURA P.O, THIRUVANANTHAPURAM.
13 J. PRASANNA KUMARI,
W/O. SATHYADEVAN B (LATE), SC NO. 24550, SENIOR PROJECT
ASSISTANT (RTD.), VSSC, RESIDING AT KOLLANVILAKATHU,
KALLINGAL, KULATHOOR P.O, THIRUVANANTHAPURAM.
14 DARDA G. FERNANDEZ,
W/O. GREGORY FERNANDEZ, SC NO. 21221, SENIOR PROJECT
ASSISTANT, VSSC/ISRO, RESIDING AT ARSHALAYAM, ST.
PETER'S LANE, PALLITHURA P.O ST. XAVIERS COLLEGE,
THIRUVANANTHAPURAM.
15 VENKITA SUBRAMONIAN,
MEENAKSHI SUNDARAM, S/O. MEENAKSHI SUNDARAM, SR.
PROJECT ASSISTANT PSLV PROJECT, VSSC ISRO P.O,
THIRUVANANTHAPURAM-695 022
16 SUSANNAMMA DEVASSI,
W/O. DEVASSIA , SRI. PROJECT ASSISTANT , FPD/QMPG,
MVIT, VALIAMALA P.O,THIRUVANANTHAPURAM-695 547
17 NAMBIAMPURATHU GOVINDAN SAROJINI,
W/O. SRI. K.V. MOHANAN, SR. PROJECT ASSISTANT ICF
ACCOUNTS, MVIT, VSSC ISRO P.O,
THIRUVANANTHAPURAM-695 022
RP No.697/2020 - 3 -
18 BUELLA TRIXY PAUL,
W/O. S. PAUL, SR. PROJECT ASSISTANT C ANDGHS, VSSC ISRO
P.O, THIRUVANANTHAPURAM-695 022
19 DEVAKI AMMA INDIRA.
W/O. B. MADHU, SR. PROJECT ASSISTANT, VSSC MAIN
ACCOUNTS, 70 ACRES AREA, THIRUVANANTHAPURAM-695 022
20 RABIYA BEEGUM SYED
SR. PROJECT ASSISTANT SOG ADMIN., PRSO/VSSC, ISRO P.O,
THIRUVANANTHAPURAM-695 022.
21 RADHAMANI PULLIPLACKAL RAMAN,
D/O. KALIYANI, SR. PROJECT ASSISTANT, C AND GHS, VSSC
ISRO P.O, THIRUVANANTHAPURAM-695 022.
22 KRISHNAPPA VISWANATHA SARMA, (DIED)
S/O. M. KRISHNAPPA, SR. PROJECT ASSISTANT, VSSC MAIN
ACCOUNTS, 70 ACRES ARA, THIRUVANANTHAPURAM-695 022
23 KALAPURACKAL RAJAPPAN VALSALA,
W/O. M.A. THAMPY, SR. PROJECT ASSISTANT MAIN ACCOUNTS,
VSSC ISRO P.O, THIRUVANANTHAPURAM-695022
ADDL.24 PARIMALAM V.S
W/O SHRI KRISHNAPPA VISWANATHA SARMA
8/97-D 5C, TAMIL NAGAR, 2ND STREET, ARALVAIMOZHI
KANYAKUMARI DISTRICT, TAMIL NADU 629 301
ADDL.25 SARAVANA SATISH V.S
S/O.SHRI KRISHNAPPA VISWANATHA SARMA
8/97-D,5C, TAMIL NAGAR, 2ND STREE, ARALVAIMOZHI
KANYAKUMARI DISTRICT, TAMIL NADU 629 301
ADDL.26 SHARMILA V.S, D/O.SHRI KRISHNAPPA VISWANATHA SARMA
8/97-D, 5C, TAMIL NAGAR, 2ND STREET
ARALVAIMOZHI,KANYAKUMARI DISTRICT
TAMIL NADU 629 301
(LEGAL HEIRS OF R22 ARE IMPLEADED AS ADDITIONAL
RESPONDENTS 24 TO 26 AS PER ORDER DATED 05.03.2021 IN
I.A NO.2/2021 IN RP NO 697/2020 IN O.P(CAT) 289/2016
BY ADVS.
SRI.K.PRAVEEN KUMAR
SRI.CIBI THOMAS
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 09.11.2021,
ALONG WITH RP.680/2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP No.697/2020 - 4 -
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
RP NO. 680 OF 2020
AGAINST THE ORDER/JUDGMENT IN OP (CAT) 292/2016 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/S:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SPACE,
GOVERNMENT OF INDIA, ANTARIKSH BHAVAN, NEW BEL ROAD,
BANGALORE-560094.
2 VIKRAM SARABHAI SPACE CENTRE,
REPRESENTED BY ITS DIRECTOR, ISRO P.O.,
THIRUVANANTHAPURAM-695022.
BY ADV SRI.T.V.VINU, CGC
RESPONDENTS:
CLEMENT REYNOLD FERNANDEZ
S/O. P.C.FERNANDEZ, SC NO.21062, SENIOR PROJECT
ASSISTANT, VSSC, RESIDING AT PREM VILLA, ATTINKUZHY,
KAZHAKOOTTAM P.O., THIRUVANANTHAPURAM.
BY ADV.SRI. PRAVEEN KUMAR
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 09.11.2021,
ALONG WITH RP.697/2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP No.697/2020 - 5 -
K.VINOD CHANDRAN & V.G.ARUN, JJ.
---------------------------------------------
R.P No.697 of 2020
in
O.P (CAT) No.289 of 2016 &
R.P No.680 of 2020
in
O.P(CAT) No.292 of 2016
---------------------------------------------
Dated this the 09th day of November, 2021
O R D E R
Vinod Chandran, J.
The review petition seeks to draw a distinction between the respondents herein who were the applicants before the Tribunal and the applicants who were the petitioners in O.P(CAT)No.169/2017. The distinction is insofar as the petitioners in OP(CAT) No.169/2017 being persons promoted from the category of Stenographers while the respondents herein are promoted from the Clerical Cadre. There is no dispute that the petitioners therein and the respondents herein were covered under the Office Memorandum (O.M) dated 24.12.2009 which granted Grade pay (GP) of Rs.5400/- in PB-3 to specified categories of employees assigned with the GP of Rs.4800/-, on completion of four years from the date of such assignment.
RP No.697/2020 - 6 -
2. We need to briefly dwell upon the facts. One Satyabhama claimed the benefit of O.M dated 24.12.2009 (produced as Annexure R2 in Ext.P2 in O.P(CAT)No.289/2016 from which RP No.697/2020 arises). The said claim was allowed by the Central Administrative Tribunal (CAT) which order was affirmed by this Court. Later, on advice from the Ministry of Law and Justice, the review petitioners issued yet another O.M dated 13.12.2012 clarifying that the higher Grade Pay of Rs.5400/- would be granted only on completion of four years regular service in specific posts with a GP of Rs.4800/- after appointment or promotion thereto and the date of acquisition of GP of Rs.4800/- through financial up-gradation under ACP/MACP will have no relevance.
3. The High Court of Karnataka in WP(C)No.32524/2016 passed a judgment dated 12.07.2016 finding the interpretation of the O.M dated 24.12.2009 by the subsequent O.M dated 13.12.2012 to be not permissible especially when the revised pay rules as appended to the Rules, required only completion of four years in the GP and not in the regular posts having such GP. RP No.697/2020 - 7 -
4. O.P(CAT)No.169/2017 was filed relying on the aforesaid judgment of the Karnataka High Court challenging the rejection of the claims of similarly placed applicants by the Ernakulam Bench of the CAT. A Division Bench of this Court by judgment dated 23.05.2019 followed the decision of the High Court of Karnataka and allowed the claim of the petitioners therein and directed the higher GP to be given from the date of completion of four years from the date of acquisition of GP of Rs.4800/-; regardless of whether the applicants were drawing the lower GP in regular posts or by reason of financial up-gradation. A review was filed by the respondent which stood dismissed by order dt.22.10.2019 in R.P No.899/2019 in O.P(CAT)No.169/2017.
5. Later to that, the judgment sought to be reviewed in the instant petitions were passed, on 12.09.2019, allowing similar claims. The distinction attempted to be drawn by the learned CGC is that while the petitioners in O.P(CAT)No.169/2017 were promoted from the category of Stenographers, the respondents herein were promoted from clerical cadre. It has to be RP No.697/2020 - 8 - relevantly observed that there is no contention taken by the review petitioners that the respondents herein are not included in the specific categories which have been granted the benefits by O.M dt. 24.12.2009. In such circumstance the ground of distinction urged by the review petitioners cannot be sustained. The benefit is to the specified categories of employees made mention of in O.M dt.24.12.2009 and there is no question of a distinction being drawn based on the source from which such promotions were made. In fact, the attempt of the review petitioners is again to rely on the O.M dt. 13.12.2012 which already stands set aside by the High Court of Karnataka, as early as in 2016, which order also stood affirmed by the Hon'ble Supreme Court.
6. The learned CGC then points out that, in the year 2019, the Bangalore Bench of the CAT in another set of applications sought for clarification regarding the grant of financial up-gradation upon which the department of Personnel and Training issued a clarification denying such financial up-gradations without reckoning the promotions already granted. We are unable to find any RP No.697/2020 - 9 - support from the said clarifications issued after the judgment under review nor can the clarification interfere with the claims made by the respondents herein who were at that point entitled to the benefit of O.M dt. 24.12.2009 by reason of a financial up-gradation which was granted and enjoyed by the employees for long.
7. We find no reason to review the judgment and reject the review petition also relying on State of West Bengal v. Kemal Sengupta - [(2008) 8 SCC 612].
Sd/-
K.VINOD CHANDRAN, Judge Sd/-
V.G.ARUN, Judge jma/-
RP No.697/2020 - 10 -APPENDIX OF RP 697/2020 PETITIONER ANNEXURE ANNEXURE 1 TRUE COPY OF THE OM NO. A 12012/3/2009 DATED 09.11.2011 ISSUED BY DEPARTMENT OF SPACE. ANNEXURE 2 TRUE COPY OF THE OM NO. A 12013/3/2009 DATED 03.04.2012 ISSUED BY DEPARTMENT OF SPACE. ANNEXURE 3 TRUE COPY OF THE ORDER DATED 15.02.2018 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH IN O.A.NO. 326/2017 AND CONNECTED CASES.
ANNEXURE 4 TRUE COPY OF THE DEPARTMENT OF PERSONAL AND TRAINING ID NOTE NO.1321079/JS(E)/2018 DATED 07.12.2018.
ANNEXURE 5 TRUE COPY OF THE OMNO. A 12012/1/2018-I DATED 01.04.2019 ISSUED BY THE DEPARTMENT OF SPACE. RP No.697/2020 - 11 - APPENDIX OF RP 680/2020 PETITIONER ANNEXURE ANNEXURE 1 TRUE COPY OF THE OM NO.A.12013/3/2009 DATED 09.11.2011 ISSUED BY DEPARTMENT OF SPACE. ANNEXURE 2 TRUE COPY OF THE OM NO.A.12013/3/2009-SEC.1 DATED 03.04.2012 ISSUED BY DEPARTMENT OF SPACE.
ANNEXURE 3 TRUE COPY OF THE ORDER DATED 15.2.2018 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH IN O.A.NO.326/2017 AND CONNECTED CASES ANNEXURE 4 TRUE COPY OF THE DEPARTMENT OF PERSONAL AND TRAINING ID NOTE NO.1321079/JS(E)/2018 DATED 07.12.2018.
ANNEXURE 5 TRUE COPY OF THE OM NO.A.12012/1/2018-1 DATED 01.04.2019 ISSUED BY THE DEPARTMENT OF SPACE.