Central Administrative Tribunal - Patna
Sanjit Kumar vs Bsnl on 22 September, 2017
1 OA 050/00663/2014
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. 050/00663/2014
Reserved on- 06.09.2017.
Date of pronouncement 22.09.2017
CORAM
Hon'ble Shri A.K. Upadhyay, Member [ A ]
Hon'ble Shri J.V. Bhairavia, Member [ J ]
1. Sanjit Kumar son of Sri Kameshwar Prasad Singh, Working as S.D.E (T)m
B.S.N.L. Inspection Circle, Patna under the C.G.M., B.S.N.L. Inspection (T&D)
Circle, Jabalpur resident of Prasar Bhawan, Road no. 23, S.K. Nagar (near
Little Garden School), Patna-800001.
..............Applicant
By Advocate : Shri A.N.Jha
Versus
1. The Union of India through the Secretary, Department of Telecommunication,
New Delhi.
2. The Chairman cum Managing Director, B.S.N.L, Sanchar Bhawan, New Delhi.
3. The Chief General Manager, B.S.N.L., Inspection (T&D) Circle, Jabalpur.
............Respondents
By Advocate: Shri H.P.Singh
Shri K.P.Narayan
ORDER
Jayesh V. Bhairavia, M [J ]: The applicant in this O.A is aggrieved by order vide letter dated 03.04.2014 issued by the respondent no.3 C.G.M, Inspection Circle, Jabalpur rejecting the pay fixation of the applicant and as such, he prays for the following relief(s) in terms on para 8 of this O.A.:-
"[8.a] The letter dated 03.04.2014 issued by the respondent no.3 C.G.M, Inspection Circle, Jabalpur rejecting the claim of the applicant for pay fixation C.D.A top I.D. A. Pay scale which is contained in Annexure A/9 may be quashed and set aside.
[8.b] The respondents may be directed to fix the pay of the applicant from C.D.A to I.D.A pay scale alongwith two increments which was rendered service in D.O.T. within stipulated period by the Hon'ble Tribunal alongwith 12% interest thereon.
[8.c] Any other order/directions may be considered deemed fit and proper in the facts and circumstances of the case may be passed/issued.
[ 8.d ] Cost of the proceeding may be awarded to the applicant."
2 OA 050/00663/2014
2. The brief facts of the case and submission based on that by the learned counsel for the applicant are as below :-
[i] The applicant, after completion of successful training, was initially appointed as J.T.O. (outsider-1993 batch) and joined D.O.T. (Department of Telecommunication) on 08.06.1998 in Bihar Circle thereafter he was transferred as J.T.O (A/T), Patna under D.E.T. (A/T), Inspection (T &D) circle, Patna on 14.11.2000.
[ ii] The applicant was promoted vide letter dated 22.11.2008 (Annexure A/1) as a regular S.D.E (A/T), Inspection (T&D), Circle, Patna.
The applicant was absorbed in B.S.N.L with effect from 01.10.2000 vide presidential order/letter dated 29.12.2003 (Annexure
-A/2) and his pay was to be regulated in terms of para 4 of DOP & PW OM No. 4/18/87-P & PW (D) dated 05.07.1989. The O.M. dated 05.07.1989 (Annexure A/3) issued by DOPT clearly says that the public sector undertaking Autonomous Body will formulate the terms and conditions of service in the new body at the earliest possible date.
The employee will however have an option to retain government pay scale till their promotion or retirement (whichever is earlier) or to come over to the service conditions of the PSU/Autonomous Body. However, until the exercise of this option, they will continue to be governed by the pay scale, leave entitlements and terminal benefits, as admissible under the government.
[ iii ] The applicant submitted representation dated 05.05.2004 to exercised the option for pay fixation in I.D.A pay scale after reaching the S.D.E. (Regular) in C.D.A pay scale and the said representation was forwarded vide letter dated 07.05.2004 (Annexure A/4). [iv] A Circular dated 30.06.2004 (Annexure A/5) was issued by the BSNL on the subject of I.D.A scale w.e.f. 01.10.2000 in replacement of existing CDA pay scale for Executive Staff (Group B) absorbed from DOT/DTS/DTO in B.S.N.L. w.e.f. 01.10.2000.
3 OA 050/00663/2014 [v ] The BSNL vide letter dated 11.01.2005 (Annexure A/6) issued clarification on the subject for introduction of IDA Pay Scale w.e.f. 01.10.2000 in replacement of existing CDA pay scale that the option exercised under BSNL C.O. letter dated 30.06.2004 is only in respect of switch over to IDA pay scale either w.e.f. 01.10.2000 or subsequently to 01.10.2000 in case of promotion/retirement. [vi] That, the applicant had submitted his representation on 5.5.2004 to the Accounts Officer (Pay), Office of the CGM, T&D Circle, Jabalpur and informed that for exercising his option for the purpose of availing the IDA pay scale, he requested the authority that only after he is promoted as SDE (regular) cadre, thereafter, his pay may be fixed in IDA scale from CDA pay scale. [ Annexure A/4 series refer ].
[ vii ] The applicant further stated that he was promoted on regular basis in SDE cadre on 24.11.2008/22.11.2008 (Annexure A/1) as a regular S.D.E (A/T), Inspection (T&D), Circle, Patna. [ viii ] That, after the applicant was promoted in SDE cadre, the applicant had submitted various representations dated 18.11.2010 (Annexure A/7), 19.12.2011, 19.04.2012, 23.07.2012, 06.03.2013 and 01.10.2013 (Annexure A/8 series) respectively to the A.G.M. (Admin) Inspection Circle, Jablpur regarding fixation of his pay from CDA to IDA from the date of up-gradation [ from October 2006]. It is the contention of the applicant that he is getting lesser pay than his juniors and the difference in pay is of Rs.3230/-.
[ ix ] The C.G.M. BSNL, Inspection Circle, Jabalpur issued order dated 03.04.2014 rejecting the prayer of applicant made vide representation dated 01.10.2013 and it has been intimated to the applicant that his case has been examined by the competent authority and the same cannot be considered because he was promoted in Regular SDE cadre as on 24.11.2008. The option cases are only valid upto 30.06.2004.
4 OA 050/00663/2014 In sum, the applicant submits that there has been miscarriage of justice due to incorrect action of the respondents. The respondents ought to have accepted his option for fixation of his pay from CDA to IDA from the year 2006 i.e. when the first up-gradation was granted to him. However, the respondents BSNL department has not accepted the same. hence reliefs prayed for in para 8 of this OA.
3. On behalf of respondent No. 1 (UOI), the learned Senior Standing counsel, Shri H.P.Singh and learned counsel Shri K.P.Narayan, on behalf of respondent no. 2 & 3 (BSNL) have filed their respective written statement separately and opposed the OA of the applicant. The respondents, through their written statement, have submitted as below :-
(i) That Shri H.P.Singh, appearing on behalf of DOT, submitted that the applicant has been absorbed in the Bharat Sanchar Nigam Limited (BSML) and his grievances can only be redressed by the B.S.N.L.. The D.O.T has no role in the matter at all. At present, there is no relation between D.O.T and the applicant since the applicant has been absorbed in the BSNL.
(ii) Learned counsel, Shri K.P.Narayan, appearing on behalf of the BSNL, has submitted that the applicant had submitted his application for exercising his option for fixation of his IDA pay scale on 5.5.2004 in response to BSNL office order dated 18.3.2004 to be read with DOPT OM dated 5th July, 1989, requested the respondents that only after he received regular promotion in SDE cadre, his pay be fixed in IDA scale from his existing CDA scale. The said application of the applicant for pay fixation option was sent to the Accounts Officer (Pay), Office of the CGM for necessary action.
( iii ) It is an admitted fact that the applicant was promoted in SDE cadre on regular basis vide order dated 22.11.2008. Therefore, his pay was fixed in IDA pay scale after the same regular promotion.
( iv ) The applicant had submitted his option in the year 2004 for pay fixation in IDA scale with clear and unambiguous understanding that the IDA scale to be granted only after the date of promotion in the higher grade and admittedly for the period from 2004 to 2008 and till he was promoted there was no question of granting IDA pay scale. The respondents had 5 OA 050/00663/2014 considered the representation of the applicant and fixed the pay scale according to his option, the demand of the applicant to grant or consider IDA pay scale from year 2006 is not permissible under the rules. Therefore, the order dated 3.4.2014 [ which is under challenge] is just and proper, and the applicant is not entitled to any relief.
4. The applicant has filed rejoinder to the written statement in which applicant has reiterated the same argument in O.A. and denied the arguments in written statement.
5. Heard the parties and perused the records of the case.
6. In the present case, it can be seen that the applicant had exercised his option for availing the IDA pay scale and according to it, the respondents had granted the said IDA pay scale as soon as the applicant became eligible for it i.e on being appointed /promoted on regular basis in SDE cadre from JTO cadre [ promotion order dated 22.11.2008 / 24.11.2008 ]. In view of this fact, the decision dated 3.4.2014 which is impugned in the present case by which the claim of the applicant was not accepted, the said decision of the competent authority cannot be said to be erroneous and therefore, the applicant is not entitled for any relief in this regard. The other prayer of the applicant with respect to fixation of pay from CDA to IDA along with two increments for the service he had rendered with DOT is also devoid of merit. in view of above stated discussion, in conclusion, the OA is dismissed accordingly, with no order as to costs.
(J.V. Bhairavia) M [ J ] (A.K. Upadhyay] Member [ A ] /mks/ 6 OA 050/00663/2014