Central Administrative Tribunal - Delhi
Dr. O.N. Shukla vs Union Of India Through The Secretary on 9 August, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA No.4096/2011 MA No.1280/2012 MA No.1580/2012 NEW DELHI THIS THE 9th DAY OF AUGUST, 2012 HONBLE MRS. MEERA CHHIBBER, MEMBER (J) HONBLR MRS. MANJULIKA GAUTAM, MEMBER (A) Dr. O.N. Shukla, S/o Shri G.R. Shukla Working as Hindi Officer in Indian Institute of Tropical Meterology, Pune R/o Building No.1, Quarter No.2, Type-III, IITM Colony, Dr. Home Bhabha Road, Pashan, Pune-411008 (Maharashtra) Applicant (Through Shri Yogesh Sharma, Advocate) VERSUS
1. Union of India through the Secretary Ministry of Earth Science, Govt. of India CGO Complex, Lodhi Road, New Delhi.
2. The Director (Establishment) Ministry of Earth Science, Govt. of India CGO Complex, Lodhi Road, New Delhi.
3. The Director Indian Institute of Tropical Meteorology Dr. Home Bhabha Road, Pune-411008 Respondents (Through Dr. Santokh Singh, Advocate) Order Mrs. Manjulika Gautam, Member (A) This OA has been filed by the applicant seeking the following reliefs:
(i) That the Honble Tribunal may graciously be pleased to pass an order of quashing the impugned orders dated 14.2.2011 and dated 8.12.2009 (A/1 & A/4), declaring to the effect that the same are illegal, unjust and arbitrary and consequently, pass an order directing the respondents to grant the revised pay scale in PB-3 with GP Rs.5400/- to the applicant w.e.f. 1.1.2006 with all the consequential benefits including the arrears of difference of pay and allowances.
2. The facts of the case are that the applicant was appointed on the post of Hindi Officer in Indian Institute of Tropical Meteorology (IITM) on 14.02.2007 and is presently also working on the same post. IITM is an autonomous institution under the Ministry of Earth Science, Government of India. When the applicant was appointed on 14.02.2007, the post of Hindi Officer was in the pay scale of Rs.6500-10500/- in all ministries of Government of India as well as autonomous organization, in which the applicant was working. Vide orders dated 2.04.2004, Department of Official Language, Ministry of Home Affairs revised the pay scale of Hindi Officer/Assistant Director from Rs.6500-10500/- to Rs.7500-12000/- with effect from 1.01.1996. The same was also implemented in the organization where the applicant was working.
3. After the recommendations of the VI Pay Commission, Ministry of Finance revised the pay scale of Central Government employees and vide OM dated 30.09.2008, also issued instructions regarding implementation of the revised pay structure to the employees of the autonomous organizations. The Ministry of Finance, Department of Expenditure, vide OM dated 24.11.2008 revised the pay scale of Official Language cadre with effect from 1.01.2006 in all ministries and their subordinate offices. Subsequently, vide OM dated 24.11.2008 and corrigendum dated 27.11.2008, the pay scale of the post of Assistant Director was revised to Rs.8000-13500/- with effect from 1.01.2006 in Pay Band-III, Grade Pay of Rs.5400/-. According to the applicant, this revised pay scale has been implemented in the case of all Hindi Officers/Assistant Directors whereas the applicant has been granted only the replacement scale in Pay Band II, Grade Pay of Rs.4800/-. The applicant made several representations. The matter was referred to the Ministry vide letter dated 5.11.2008 seeking clarification whether the pay scale of the post of Hindi Officer at IITM in the revised pay band of Rs.9000-34800 (PB-II) has to be revised to Rs.15600-39100 (PB-III). The request of the applicant was rejected by the respondents vide letter dated 8.12.2009. The applicant made further representation to the IITM as well as the Ministry referring to the posts of Hindi Officer in other ministries but vide letter dated 14.02.2011, the Ministry of Earth Science rejected the request of the applicant saying that the post of Hindi Officer at IITM is not a similarly designated post. The applicant made a further representation that the matter may be placed before the Governing Council of IITM but the office of Director, IITM repeated the earlier reply. Aggrieved, the present OA has been filed.
4. In the counter affidavit filed by the respondents, it is the stand taken that the final decision on the representation of the applicant had been conveyed to him vide letter dated 8.12.2009, which he did not challenge. He continued to make representations and has filed the present OA impugning the order of Ministry of Earth Science dated 14.02.2011, which is not even addressed to him. Therefore, according to the respondents, this OA is time barred and liable to be dismissed on this ground. While filing the present OA, the applicant has not even moved an application for condonation of delay under Section 21 of the Administrative Tribunals Act. It has also been clarified by the respondents that on merits, it is very clear that the applicant is an employee of an autonomous body and is not governed by the Government Rules. All the orders that he has quoted in the OA refer to employees of the Central Government and their subordinate and attached offices. In case of the organization where the applicant works, it is expressly stated that conditions of service shall be prescribed by the Governing Council in case of all the employees of the Institute. The Recruitment Rules of the post of Hindi Officer in the office of Respondent No.3 prescribe the pay scale of Rs.9300-34800/- with Grade Pay of Rs.4800/-. It is also clarified that the post held by the applicant is not identical to the post of Assistant Director in any other Ministry. It has further been stated that duties in the Ministries/Departments of Government cannot be comparable with duties in autonomous bodies.
5. We have heard both the counsel and perused the record on file.
6. We are satisfied that the applicants representation had been rejected vide letter dated 8.12.2009 assigning the reasons for doing so and it was open to the applicant to challenge the same within a period of one year. The applicant chose not to do so at that time but has impugned orders dated 14.02.2011, which are not even addressed to him and are part of correspondence between Ministry of Earth Science and the Director, IITM. A perusal of orders dated 8.12.2009 would show that they were reasoned and speaking orders. It was clarified that IITM is an autonomous organization under the Ministry of Earth Science and is not a subordinate or attached office of the Central Government. Therefore, the recommendations of the VI Pay Commission vide OM dated 24.11.2008 and 27.11.2008 do not apply in the case of the applicant. It has been clarified by the Ministry of Science that Part `B of the first Schedule can be made applicable by the concerned Ministry to the autonomous organizations based on functional considerations. Accordingly, the Ministry of Earth Science has directed the IITM to follow serial II Section II Part B of the First Schedule to CCS (RP) Rules, 2008. The applicants pay has been revised in the pay scale of Rs.9300-34800/- with Grade Pay of Rs.4800/-. It has also been clarified that the post of Hindi Officer in IITM cannot be compared with that of Assistant Director (Official Language). We are, therefore, satisfied that vide orders dated 8.12.2009, the applicant had been informed of all the reasons as to why his request has not been acceded to but ignoring that, he has chosen to file the OA in the year 2011 impugning letter dated 14.02.2011, which is simply a communication from the Ministry to the IITM.
7. We are satisfied that this OA is definitely time barred and, therefore, deserves to be dismissed. Even on merits, there is no case made out in support of the claim of the applicant. The OA is dismissed both on the grounds of limitation as well as on merits.
( Manjulika Gautam ) ( Meera Chhibber ) Member (A) Member (J) /dkm/