Central Administrative Tribunal - Jabalpur
Margret Mathai vs D/O Atomic Energy on 9 August, 2018
1 OA No.201/00330/2017
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
CIRCUIT SITTING : INDORE
Original Application No.201/00330/2017
Indore, this Thursday, the 9th day of August, 2018
HON'BLE SHRI NAVIN TANDON, ADMINISTRATIVE MEMBER
HON'BLE SHRI RAMESH SINGH THAKUR, JUDICIAL MEMBER
Margaret Mathai, w/o Shri P.C. Mathai, age 54 years, Nurse 'D',
r/o D-9, RRCAT Colony, Sukhniwas, PO: RRCAT, Indore 452013.
-Applicant
(By Advocate - Shri P.J. Mehta)
Versus
1. Union of India through Secretary, Department of Atomic
Energy, Anushakti Bhawan, CSM Marg, Mumbai 400001.
2. Director, Raja Ramanna Centre for Advanced Technology,
Sukhniwas, PO: RRCAT, Indore 452013.
3. Administrative Officer-III, Raja Ramanna Centre for Advanced
Technology, Sukhniwas, PO:RRCAT, Indore 452013
- Respondents
(By Advocate - Shri Kshitij Vyas)
(Date of reserving order : 07.08.2018)
ORDER
By Ramesh Singh Thakur, JM This Original Application has been filed by the applicant against the letter dated 09.02.2017 (Annexure A-1), whereby the representation of the applicant dated 13.07.2015 for grant of Page 1 of 10 2 OA No.201/00330/2017 increments on account of possessing B.Sc. (Nursing) qualification has been rejected.
2. The applicant has sought for the following reliefs:
"8.1 It be held that the applicant is entitled for two additional non-absorbable increments from December 2007. 8.2 It be held that after fixing her pay in proper way the Respondents shall pay interest @ rate 12% per annum on the amount of arrears from December 2007 within a period of 3 months.
8.3 Any other relief as deemed proper by this Hon'ble Tribunal for retrospective promotion and the costs of this O.A."
3. The case of the applicant is that she was appointed in Raja Ramanna Centre for Advanced Technology (RRCAT) on 26.11.1990 as Nurse/A. The applicant acquired Degree of B.Sc. (Nursing) in December, 2007 from Indira Gandhi National Open University (IGNOU), New Delhi, while she was working as Nurse/C in the respondent department. The entry of her Degree of B.Sc. (Nursing) was done in her service record vide letter dated 07.08.2008 (Annexure A-3). The Ministry of Health & Family Welfare, Government of India issued an Office Memorandum dated 23.03.1988 (Annexure A-4) in respect of qualification pay to the Nursing staff. Since as per Annexure A-4, the applicant acquired additional qualification, she made a representation dated 15.10.2008 (Annexure A-5) to respondent No.3 claiming two additional increments on acquiring Degree of B.Sc. (Nursing). Page 2 of 10 3 OA No.201/00330/2017
4. On 27.01.2009 (Annexure A-6), TC & TSC Section of Bhabha Atomic Research Centre (BARC) informed that as per the present recruitment norms, two advance increments may be granted to the candidates, who have B.Sc. (Nursing) qualification at the recruitment stage only. In pursuance to it, on 09.02.2009 (Annexure A-7), the Assistant Personnel Officer, RRCAT informed the applicant that as per present recruitment norms, two advance increments are granted to the candidates, who have B.Sc. (Nursing) qualification at the recruitment stage only and no additional increments are granted to those, who acquired additional qualification while in service.
5. The applicant again wrote a letter to respondent No.3 on 16.03.2009 (Annexure A-8), informing that one Smt. Moly Thomas, Nurse/D, working in the BARC, had been given benefit of two additional increments on acquiring degree of B.Sc.(Nursing) in September, 2007 while in service. The respondent No.3, issued a letter to Department of Atomic Energy on 25.03.2009 (Annexure A-10), stating therein that the Nurses working in BARC are given two additional increments on acquiring qualification of B.Sc. (Nursing) and requested to sanction two additional increments to the applicant also.
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6. The applicant submits that after implementation of recommendations of 6th Central Pay Commission, the Nursing Section of Ministry of Health & Family Welfare, Government of India, has issued an OM dated 15.01.2010 (Annexure A-11), whereby the scheme launched earlier vide OM dated 23.03.1988, has been reviewed after revision of pay scales of Nurses under 6th CPC and it has been decided to continue the scheme in the present format with the slight change that the increment will be 3% of the basic pay of the Nursing staff concerned. On 27.12.2013 (Annexure A-13), the applicant received information under Right to Information that grant of additional increment to her has not been denied and her case has been referred to DAE for consideration.
7. The applicant submitted another representation on 13.07.2015 (Annexure A-14), stating that additional increments are sanctioned to Nursing Staff of other constituent units of DAE, but the same has not been granted to her. However, vide Annexure A-1 dated 09.02.2017, she has been informed that her representation has been rejected by the respondents by giving the reason that the Member for Finance, AEC has not concurred in the proposal for granting additional increments.
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8. The respondents have filed their reply. It has been submitted that based on applicability, the benefits of additional allowances/incentives granted to central civilian employees by Nodal Ministries, are extended to the Scientific and Technical staff of the DAE in concurrence with Member for Finance, Atomic Energy Commission, who is ex-officio Secretary to Government of India in the DAE in financial matters. It has been further submitted that representation of the applicant dated 15.10.2008 (Annexure A-
5) was duly considered in the DAE in consultation with Member for Finance (AEC). However, the Member for Finance did not concur to the DAE's proposal. Hence, the request of the applicant could not be acceded to and case of the applicant has been rejected.
9. The applicant has also filed the rejoinder reiterating her earlier stand. It has been submitted that RRCAT is one of the constituent of DAE likewise the BARC, Trombey. The BARC, after taking cognizance of OM dated 15.01.2010, issued by Ministry of Health & Family Welfare and subsequent clarification issued by the DAE on 15.03.2011, has given two additional increments to its four Nurses from the date of acquiring B.Sc. (Nursing) Degree, after securing sanction of the Competent Authority, which includes sanction from Member of Finance. It has been further submitted that when all circumstances are same, then Page 5 of 10 6 OA No.201/00330/2017 in such condition, how it is possible that in certain cases the Member of Finance allows benefits of providing two increments to Nurses on acquiring additional qualification, as granted by the Nodal Ministry and disallows the same benefit to the applicant. Thus, there is discrimination and violation of Article 14 of the Constitution of India.
10. We have heard the counsel for the parties and also gone through the documents and pleadings available on record.
11. From the pleadings, there is no dispute regarding the appointment of the applicant on 26.11.1990 as Nurse/A. There is also no dispute about acquiring Degree of B.Sc. (Nursing) by the applicant in December, 2007 from IGNOU. The only reason, as per Annexure A-1, while rejecting the claim of the applicant for grant of increments is that the Member for Finance, AEC has not concurred in the proposal.
12. As per Annexure A-4, OM has been issued with the concurrence of Department of Personnel and Training and Ministry of Finance vide letter dated 23.03.1988, whereby grant of additional increments (qualification pay) to Nursing Staff has been prescribed. The relevant portion reads as under: Page 6 of 10 7 OA No.201/00330/2017
"(10) Grant of additional increments (qualification pay) to Nursing Staff. - The question of grant of additional increments to the Nursing Staff has been under consideration of Government.
In supersession of Ministry of Finance (Department of Expenditure), O.M. No. F.5 (11)/E. III (A)/75, dated the 8th May, 1975 (not printed), it has been decided to grant additional increment (non-absorbable) to the Nursing Staff working in the Central Government Hospitals/Institutions under the Ministry of Health and Family Welfare to the extend indicated below:
xxx xxx xxx
2. Two increments (non-absorbable) will be granted to the Nursing Staff possessing the following qualifications:-
(i) B.Sc. (Hons.) Nursing.
B.Sc. Nursing/Post Basic/Post Certificate. B.Sc. Nursing.
(ii) Postgraduate Degree in Nursing, i.e., Master in Nursing This will take effect from -
(a) 1-10-1986 to those Nursing Staff in service who possess the Degree/Postgraduate Degree in Nursing as on that date;
(b) the date of appointment to those who possess the Degree/Post-graduate Degree in Nursing qualification, who are recruited after 1-10-1986;
(c) the date of publication of result of the Degree/Postgraduate Degree in Nursing for those in service who acquire the Degree/Postgraduate Degree qualification after 1-10-1986."
13. As per Government of India, Ministry of Health & Family Welfare (Nursing Section) OM dated 15.01.2010 (Annexure A-11), the qualification pay to the Nursing Staff have been modified and reviewed after revision of pay scales of Nurses on implementation of 6th Central Pay Commission. It has been decided to grant the increment 3% of the basic pay of the Nursing Staff concerned. The relevant portion of OM dated 15.01.2010, reads as under: Page 7 of 10 8 OA No.201/00330/2017
xxx xxx xxx "(b) Two increments to the Nursing Staff possessing the following qualifications:-
(i) B.Sc. (Hons.) Nursing. B.Sc./Post Basic B.Sc./Post Certificate B.Sc. in Nursing;
(ii) Post Graduate Degree in Nursing, i.e., M.Sc (Nursing);
2. The above benefit is effective from -
(i) 1-10-1986 to those Nursing Staff who were already in service and possessed any of these qualifications;
(ii) The date of appointment to those who were recruited after 01-10.1986 and possessed these qualifications at the time of appointment; and
(iii) The date of publication of results for those in service who acquired the relevant qualification after 01-10-1986.
xxx xxx xxx
7. The above scheme has been further reviewed after revision of pay scales of nurses on implementation of 6th Central Pay Commission order. It has been decided to continue the scheme in the present format with the slight change that the increment to be granted will be 3% of the basic pay of the nursing staff concerned."
So it is clear from Annexure A-4 that two increments will be granted to the Nursing Staff possessing the higher qualification, i.e. B.Sc. (Nursing) in the case of the applicant. As per Annexure A- 11, the slight change regarding the increment to be granted will be 3% of the basic pay and the remaining conditions are the same. It is important to mention that the Annexure A-11 has been issued with reference to Annexure A-4 and with the concurrence of the Page 8 of 10 9 OA No.201/00330/2017 Integrated Finance Division of Ministry of Health and Family Welfare.
14. It is seen from Annexure A-12 that, in reference to the proposal of the applicant, the comments of Trombay Council have been called for in pursuance to the OM dated 23.03.1988 (Annexure A-4), as one Smt. Moly Thomas, Nurse/D working in BARC has been granted two increments on her acquiring additional qualification of B.Sc. (Nursing) from IGNOU.
15. It is pertinent to mention that vide Annexure A-15, the BARC has granted two increments, on acquiring B.Sc. (Nursing) qualification after appointment. As per this Annexure, there are about 32 Nurses, who have been granted the additional increments on acquiring B.Sc. (Nursing) Degree. Similarly, Nuclear Fuel Complex has also granted two additional increments to Nursing Staff on acquiring higher qualification of B.Sc. (Nursing) while in service. It is relevant to mention that both the BARC and Nuclear Fuel Complex are the Department of Atomic Energy. Therefore, the applicant cannot be discriminated simply on the ground that there is no concurrence by Member for Finance. Moreover, the impugned order (Annexure A-1) is itself in contravention and contrary to the instructions issued vide Annexure A-4 and A-11 Page 9 of 10 10 OA No.201/00330/2017 and the applicant is entitled for the benefit of increments as per Annexure A-4 and A-11 from the date of acquiring the Degree of B.Sc. (Nursing).
16. In the result, the Original Application is allowed. The respondents are directed to grant additional increment to the applicant w.e.f. December, 2007, i.e. on her acquiring Degree of B.Sc. (Nursing), within a period of 60 days from the date of receipt of a certified copy of this order. However, the applicant shall not be entitled for any interest on the amount to be paid for the intervening period. No costs.
(Ramesh Singh Thakur) (Navin Tandon)
Judicial Member Administrative Member
am/-
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