Central Administrative Tribunal - Chandigarh
Sushma Devi Aged 52 Years vs Union Of India Through Secretary To ... on 19 January, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH
ORIGINAL APPLICATION NO.37/HP/2012
Order Reserved on 08.01.2015
Pronounced on 19.01.2015
CORAM: HON'BLE MRS. RAJWANT SANDHU, MEMBER (A)
HON'BLE DR. BRAHM A. AGRAWAL, MEMBER (J)
1. Sushma Devi aged 52 years, W/o Late Sh. Tara Chand, R/o VPO Kachhiari, Teh. and Distt. Kangra (H.P.).
2. Shefali Chander aged 20 years D/o Late Sh. Tara Chand, R/o VPO Kachhiari, Teh. and Distt. Kangra (H.P.).
3. Trish Chander aged 10 tears D/o Late Sh. Tara Chand, R/o VPO Kachhiari, Teh. and Distt. Kangra (H.P.).
Legal heirs of Late Sh. Tara Chand, S/o Late Shri Dhungal Ram, Draughtman-II, O/o General Manager Telecom District, Dharamshala, Bharat Sanchar Nigam Limited, Kangra, Himachal Pradesh.
Applicants
Versus
1. Union of India through Secretary to Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training, North Block, New Delhi.
2. Secretary, Beas Construction Board, Sector-19, Chandigarh.
3. Chief Administrative Officer & JS (Admn.), Government of India, Ministry of Defence, O/o JS (T) & CAO, E Block Hutments, Dalhousie Road, New Delhi-11.
4. Bharat Sanchar Nigam Limited, through its Chairman-cum-Managing Director, Govt. of India, Ministry of Communications & Information Technology, Harish Chander Mathur Lane, Janpath, New Delhi.
5. General Manager Telecom, Bharat Sanchar Nigam Limited, Dharamshala, Himachal Pradesh.
Respondents
Present: Sh. R.K. Sharma, counsel for the applicants.
Sh. K.P.S. Dhillon, counsel for respondents No.1 to 3.
Sh. D.R. Sharma, counsel for respondents No.4 and 5.
O R D E R
BY HON'BLE MRS. RAJWANT SANDHU, MEMBER (A)
1. This O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
8 (ii) Order dated 04.06.2010 (Annexure A-1) passed by O/o Respondent No.2, whereby the case of the applicant seeking benefit of placement in the revised scale of pay of Rs.1200-2040 (After 7 years of service as (Draughtsman) in terms of Govt. of India, Ministry of Defence letter dated 15.09.1995, has been rejected on the ground that the applicant is not entitled for the same as he had served the Army HQs for about 5 years, may be quashed.
(iii) Directions may be issued to the respondents to consider the claim of the applicant for the benefit of placement in the revised scale of pay of Rs.1200-2040 (after 7 years of service as Draughtsman) in terms of Govt. of India, Ministry of Defence letter dated 15.09.1995 in right perspective and thereafter to grant him the consequential benefits of pay fixation and arrears arising out there from, along with interest @18% p.a. from the date the amount became due till the actual date of payment. The needful i.e. grant of benefit of higher pay scale in implementation of letter dated 15.09.1995 is required to be done firstly by Respondent No.2, then by Respondent No.3 and thereafter by Respondent No.4 & 5.
2. Background of the matter is that the applicant was initially appointed as Tracer under the erstwhile Beas Construction Board on 25.02.1972 in the pay scale of Rs.400-660. On completion of the Beas Satluj Link Project in 1984, the applicant was declared surplus along with others and was surrendered to the Central Surplus Staff Cell for redeployment. In the year 1985, the applicant was redeployed as Draughtsman-I under the Ministry of Defence in the General Staff Branch, MT Directorate, Army Headquarters and he joined as such w.e.f. 07.05.1985. Though the applicant was in pay scale of Rs.400-660 in the erstwhile department, he was granted pay scale of Rs.260-460 on his redeployment and his pay was fixed @Rs.400 p.m. as personal pay. The applicant worked under the Ministry of Defence till 10.07.1990 when he was relieved to join as Draughtsman under the HP Telecom Circle at Shimla vide order dated 29.06.1990 (Annexure A-2) w.e.f. 19.04.1991, the applicant was posted under Dharamshala Division and is working as such till date.
3. A committee of the National Council (JCM) was set up to consider the request of the Staff Side that the revised scales of pay, allowed to the Draughtsmen Grade I, II and III working in CPWD on the basis of the award of the Board of Arbitration may be extended to Draughtsmen Grade I, II and III irrespective of their recruitment qualification, in all Government of India Offices. This proposal (whereby the pay scale of Rs.260-430 was revised to Rs.330-560) was accepted by the President subject to the following conditions:-
a. Minimum period of service for placement from the post carrying scale of Rs.975-1540 to Rs.1200-2040 (pre-revised Rs.260-430 to Rs.320-700) - 7 years.
b. Minimum period of service for placement from the post carrying scale of Rs.1200-2040 to Rs.1400-2300 (pre-revised Rs.330-560 to Rs.425-700) - 5 years.
c. Minimum period of service for placement from the post carrying scale of Rs.1400-2300 to Rs.1600-2660 (pre revised Rs.425-700 to Rs.560-750) - 4 years.
The benefit of revision of pay scale was to be given w.e.f. 1305.1982 notionally and 01.11.1983 actually. A copy of the OM dated 19.10.1994 is annexed as Annexure A-3. This decision was reiterated by the Govt. of India, Ministry of Defence vide letter dated 15.09.1995 (Annexure A-4). Tracer and Draughtsmen were treated as one category and by merging the Tracer and Draughtsman of any designation, they were re-designated as Draughtsman Grade-III.
4. It is claimed in the O.A. that the applicant was also entitled to benefit of this OM having completed 7 years as Draughtsman in 1979. He submitted representation to the BSNL authorities, which was forwarded by his office to the higher authorities for examining his case. (A copy of the communication dated 20.09.2012 is attached herewith as Annexure A-5). This was followed by subsequent reminders. Since the applicant remained in the service of Ministry of Defence before his selection and appointment in BSNL and he was entitled to the benefit of pay fixation for that period of service also, the matter was referred by the BSNL authorities to Senior Administrative Officer, O/o respondent No.2 vide letter dated 17.01.2003 (Annexure A-6). So far as the service of the applicant with BSNL is concerned, the applicant had been granted the benefit of pay fixation in the higher pay scale of Rs.330-560 w.e.f. 10.07.1990 to 10.03.1991 and of Rs.1400-2300 from 11.03.1991 onwards, vide order dated 16.02.1994. However, the matter with regard to his past service from 13.05.1982 to 09.07.1990 remained unsettled, as is apparent from communication dated 14.10.2008 (Annexure A-7). This communication was followed by reminders dated 20.04.2009 (Annexure A-8) and letter dated 11.01.2010 (Annexure A-9). Ultimately, the O/o Respondent No.2 replied to the claim of the applicant vide order dated 04.06.2010 (Annexure A-1), whereby the case of the applicant seeking benefit of placement in the revised scale of pay of Rs.1200-2040 (after 7 years of service as Draughtsman) in terms of Govt. of India, Ministry of Defence letter dated 15.09.1995, has been rejected on the ground that the applicant is not entitled for the same as he had served the MoD for about 5 years. Thereafter, the applicant submitted another representation dated 25.08.2011, raising his claim but to no avail (Annexure A-14). Hence this O.A.
5. In the written statement filed on behalf of Respondent No.2 it has been stated that the applicant was employed as Tracer in the BCB on BSL Project, Sundernagar in the pay scale of Rs.110-4-130/5-160/5-200 vide Superintending Engineer BSL Admin and Accounts Circle, Sundernagar letter No.3772/57E dated 15.02.1972 (Annexure R-1). The applicant submitted his joining/arrival report on 25.02.1972. The Punjab Scales were adopted as Project Pay Scales in pursuance to Secretary, Beas Construction Board, New Delhi vide letter No.3279/BP dated 21.06.1980 (Annexure R-2) and the same were applicable to all the officials as well as applicant till his continuation with respondent no.2. In pursuance to Ministry of Home Affairs, Department of Personnel Administrative Reforms vide office order No.4/10/84 dated 26.12.1984 (Annexure R-3), the applicant was rendered surplus and was taken over on the rolls of Central Surplus Staff Cell in the Department of Administrative Reforms w.e.f. 01.12.1984 for further redeployment in the post carrying pay scale of Rs.260-430. The applicant is not entitled for higher pay scale as he has not completed requisite length of service with respondent no.3. The answering respondent does not come under the ambit of Central Administrative Tribunal as the applicant was drawing salary with the answering respondent under the Punjab Government Rules and the orders of Ministry of Finance are not applicable on the organizations like respondent No.2. The applicant has never approached the answering respondent for seeking any kind of relief since the date of joining and till the date he was under the answering respondent and the same is clearly evident from Annexures A-5 to A-13. The representations were made to the departments where the applicant worked and he never raised any objection with regard to fixation of salary with the answering respondent.
6. In the written statement filed on behalf of respondent No.3 it has been stated that the applicant is not entitled to claim higher pay scale as he was employed as Tracer on 25.01.1972 by Beas Construction Board (BCB for short) and remained there till 1984. Thereafter, the applicant was declared surplus by the BCB in the year 1984 and he was re-deployed as Draughtsman-I on 17.5.1985 with the Ministry of Defence, General Staff Branch (MT Directorate), Army Headquarters. The applicant worked under Ministry of Defence for around 5 years and was relieved of his duties on 29.06.1990 as he was selected for the post of Draughtsman in Bharat Sanchar Nigam Ltd. The entire service record of the applicant was consequently transferred to Bharat Sanchar Nigam Ltd. at that time. The applicant was drawing pay in the pay scale of Rs.400-600 while working with BCB. Thereafter, he drew pay scale of Rs.260-430 at that time (in 3rd Central Pay Commission Terms) for the post of Draughtsman to which the applicant was re-deployed in Army Headquarters w.e.f. 17.05.1985. The pay of the applicant was fixed on redeployment at the rate of Rs.400/- plus Rs.5.20 (Personal Pay) in accordance with the relevant Government instructions. During the revision of pay scales as per 4th C.P.C. the post of Draughtsman-I was granted the revised pay scale of Rs.975-1540 w.e.f. 01.01.1986.
7. Ministry of Defence also issued a letter dated 15.9.1995 in this regard. In that letter, it is very clearly stated in Para 4(a) that Tracers/Draughtsman appointed in the scale of pay of Rs.975-1540 (pre-revised Rs.260-430) may be placed in the scale of Rs.1200-2040 as and when they complete requisite length of service prescribed in para 3(1)(a). Para 3(1)(a) states that Minimum period of service for placement: 7 years from the post carrying scale of Rs.975-1540 to Rs.1200-2040 (pre-revised Rs.260-430 to 330-560). The applicant was appointed as Draughtsman-I in the year 1985 i.e. on 17th May 1985 by Ministry of Defence and was given pay scale of Rs.260-430 at that time which was revised to pay scale of Rs.975-1540 w.e.f. 01.01.1986. So keeping this in view, the applicant was eligible for getting higher pay scales as per the letter issued by MoD after completing seven years of service from 17th May 1985 and not prior to that. The applicant has not been appointed as Draughtsman by BCB and he worked as Tracer from 1972 to 1985 i.e. before joining Army HQs as Draughtsman. Further, the instructions of the Ministry of Finance are not applicable to the Boards/Corporations. Therefore, the claim of the applicant for seeking higher pay scale from answering respondent is totally wrong and baseless as the applicant is not eligible as per date of appointment and instructions of Government.
8. In the written statement filed on behalf of Respondents No.4 to 5, it has been stated that the applicant has failed to make out case for intervention of this Tribunal as claim has been raised by the applicant in 2012 i.e. after expiry of period of over 17 years when Annexure A-3 and A-4 were issued and cannot be entertained at this belated stage. Besides, the applicant joined office of Respondent no.3 on 7.5.1985 and as per letter dated 15.09.1995 the applicant was not in position with respondent no.3 on 13.5.1982 and he had not completed 7 years service with respondent no.3 on that date, therefore, he was not entitled to be placed in the pay scale of Rs.330-560 w.e.f. 7.5.1985.
9. Arguments advanced by learned counsel for the parties were heard when learned counsel for the applicant stated that the applicants service in Beas Construction Board had to be taken into account for fixing his pay in the right scale of Rs.1200-2040 as Draughtsman in terms of circular of 1995. He stated that as per judgment in Jaswant Singh and others Vs. UOI and others, reported as 1980 SCC (L&S) 36, directly recruited employees of Beas Construction Board are Central Govt. Employees. He further stated that since a claim for pay fixation was a continuing cause of action, this OA could not be held to be barred by limitation and in this regard he cited judgment in M.R. Gupta Vs. UOI, reported as (1995) 31 ATC 186. Learned counsel stated that the applicant joined service in Beas Construction Board in 1972 and had completed 7 years in 1979. Minimum service of 7 years for getting the benefit of pay revision for Draughtsman need not only be in Ministry of Defence but the service rendered in Beas Construction Board had to be taken into account.
10. Learned counsel for respondents No.1 to 3 asserted that the applicant had worked with MoD only for 5 years from 1985 to 1990. He stated that the service in BCB could not be counted in continuity with service in MoD as the BCB was a Public Sector Undertaking and hence there was no merit in the claim of the applicant for fixing his pay in revised scale of Draughtsman as per circular dated 15.9.1995 issued by the MoD.
11. Learned counsel for respondents No.4 and 5 stated that the applicant had joined BSNL after resigning from the Ministry of Defence. BSNL had come into being in 2000 and had no liability in regard to the applicant prior to his joining service in BSNL. In order to get benefit of circular dated 15.9.1995 (Annexure A-4), the applicant had to be in service on 13.5.1982 but on this date he was working with the BCB and hence he could not seek benefit of pay revision from Rs.260-430 to Rs.330-560.
12. We have given our thoughtful consideration to the matter. There can be no dispute on the aspect of the directly recruited employees of Beas Construction Board being treated as Central Govt. Employees. Notification dated 23.7.1984 shows that Beas Construction Board is a Unit/Part of the Central Govt. w.e.f. 01.10.1967. From the reply of the BCB, it is seen that Punjab scales were adopted as Project Pay Scales in pursuance to Secretary, Beas Construction Board, New Delhi letter No.3279/BP dated 21.06.1980. The applicant continued in service of the BCB till 26.12.1984 when he was rendered surplus and was taken on the roll of Central Surplus Staff Cell w.e.f. 1.12.1984 for further deployment in the post carrying pay scale of Rs.260-430. This pay scale was allowed to him as corresponding to Rs.400-660 that was applicable when he left BCB on being declared surplus and he had worked in this scale for over 7 years. It was only when the applicant joined MoD that circular dated 15.9.1995 could be considered to be applicable to him. The applicant having already served for more than 7 years in the pay scale of Rs.400-660 corresponding to which he was granted pay scale of Rs.260-460 on redeployment had to be treated as having completed 7 years service in the pay scale of Rs.260-460 as on 7.5.1985, the date when the applicant joined MoD. Hence the circular of 1995 would be applicable to him and he would be entitled to the revised scale of Rs.330-560 and Rs.1200-2040 applicable to Tracer/Draughtsman of any designation with seven years service in the scale of Rs.260-460 w.e.f. 7.5.1985.
13. Hence this O.A. is allowed and Respondent No.3 is directed to take action to revise pay of the applicant accordingly. Action in this regard may be completed within two months and arrears due on this account may be released to the applicant within this period. Respondent No.4 and 5 are directed to take consequential action relating to the period when the applicant worked in BSNL within a further period of two months.
14. The O.A. is disposed of with these observations and directions.
(DR. BRAHM A. AGRAWAL) (RAJWANT SANDHU) MEMBER (J) MEMBER (A) Place: Chandigarh. Dated:19.01.2015. KR* 8 12 O.A. NO.37/HP/2012 1