Kerala High Court
Anandavalli S vs Union Of India on 23 May, 2019
Bench: V.Chitambaresh, Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941
OP (CAT).No. 169 of 2017
AGAINST THE ORDER DATED 23-02-2016 IN O.A.NO.521/2013 OF CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS/APPLICANTS IN O.A.:
1 ANANDAVALLI S.,
AGED 62 YEARS, D/O.NEELAKANTA PILLAI N.(LATE),
PERSONAL SECRETARY (RETD.),
SEIG/MVIT/VSSC,VALIAMALA COMPLEX,
VALIAMAL P.O.,THIRUVANANTHAPURAM-695 547,
RESIDING AT "NANDANAM", TC 17/625(1),PRA-128,
PATHIRAPPALLY LANE, POOJAPPURA P.O,
THIRUVANANTHAPURAM -695 012.
2 SUBHADRAMMA P.T.,
AGED 58 YEARS, D/O.PARAMESWARAN THAMPI A.(LATE),
PROJECT PERSONAL SECRETARY, HRDD/MSA, VSSC,
ISRO P.O, THIRUVANANTHAPURAM-695 022,
RESIDING AT "THIRUVONAM", ARA-40,
WEST SIDE OF CHACKAI RAILWAY BRIDGE,
BEACH P.O, THIRUVANANTHAPURAM 695 007.
3 AMBUJAKSHI V.,
AGED 63 YEARS, D/O.APPUKUTTY NAIR M.(LATE),
PROJECT PERSONAL SECRETARY (RETD.),
CONSTRUCTION & MAINTENANCE GROUP, VSSC,
ISRO P.O, THIRUVANANTHAPURAM -695 022,
RESIDING AT "MAYOOKHAM", 28TH MILE, VETTIYARA P.O,
NAVAIKULAM,THIRUVANANTHAPURAM 695 603.
4 SARASAMMA P.N.,
AGED 62 YEARS, D/O.NANU P.K. (LATE),
PROJECT PERSONAL SECRETARY (RETD.),LSMD/SMG, VSSC,
ISRO P.O,THIRUVANANTHAPURAM-695 022,
RESIDING AT"PUTHUPALLYLANE, PRA-17,
MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM 695 011.
OP(CAT) No.169 of 2017
2
5 SREEKUMARI AMMA P.P.,
AGED 63 YEARS, D/O.DAMODARAN NAIR G. (LATE),
PROJECT PERSONAL SECRETARY (RETD.),PCM/VSSC,
ISRO P.O, THIRUVANANTHAPURAM-695 022,
RESIDING AT "GOKULAM", KALLAMPALLY,MAVARTHALAKONAM,
MEDICAL COLLEGE P.O,THIRUVANANTHAPURAM 695 011.
6 SATHI V.,
AGED 63 YEARS, D/O.CHELLAPPAN. G(LATE),
PROJECT PERSONAL SECRETARY (RETD.),QRPG/SR, VSSC,
ISRO P.O,THIRUVANANTHAPURAM -695 022,
RESIDING AT TC 5/259(4), INDIRA NAGAR,
PEROORKADA,THIRUVANANTHAPURAM 695 005.
7 VASANTHA KUMARI B.,
AGED 64 YEARS, D/O.VELAYUDHAN NAIR K. (LATE),
PERSONAL SECRETARY (RETD.), PPEG/MSA, VSSC,
ISRO P.O, THIRUVANANTHAPURAM -695 022,
RESIDING AT "SOUPARNIKA", RAMAPURAM,THANNIMOODU PO,
THIRUVANANTHAPURAM-695 123.
8 PARVATHY J.,
AGED 53 YEARS, D/O.CHIDAMBARAKRISHNAN T. (LATE),
PERSONAL SECRETARY, AERO/PPEG, VSSC,
ISRO P.O,THIRUVANANTHAPURAM-695 022,
RESIDING AT DNRA 23-D, DEVI NAGAR, KALADY,
KARAMANA P.O,THIRUVANANTHAPURAM 695 002.
9 CHANDRASEKHARAN NAIR V.,
AGED 60 YEARS, S/O.VELAYUDHAN PILLAI K.,
PERSONAL SECRETRY (RETD.),
TRANSPORT OPERATION & MAINTENANCE DIVISION, VSSC,
ISRO P.O.,THIRUVANANTHAPURAM -695 022,
RESIDING AT "ASWATHI",SKYLARK GARDENS, PIDARAM,
PERUKAVU P.O,THIRUVANANTHAPURAM 695 573.
10 SUDHAKARAN NAIR A.,
AGED 61 YEARS, S/O.APPUKUTTAN NAIR C. (LATE),
ACCOUNTS OFFICER (RETD.), ACCTS/PRSO, VSSC,
ISRO P.O, THIRUVANANTHAPURAM-695 022,
RESIDING AT "THIRUVONAM", ARA-40,
WEST SIDE OF CHACKAI RAILWAY BRIDGE, BEACH P.O,
THIRUVANANTHAPURAM 695007.
11 CHANDRIKA DEVI R.,
AGED 64 YEARS, D/O.APPUKUTTAN NAIR P.(LATE),
PERSONAL SECRETRY (RETD), QMPG, MVIT, VALIAMALA,
THIRUVANANTHAPURAM-695 547,
OP(CAT) No.169 of 2017
3
RESIDING AT 509, SANGEETH NAGAR,
THYCAUD,THIRUVANANTHAPURAM 695 014.
12 AMBIKA V.K.,
AGED 56 YEARS, D/O.KRISHNAN VR (LATE),
SENIOR PERSONAL SECRETARY, CMSE, VSSC,
VATTIYOORKAVU P.O,
THIRUVANANTHAPURAM-695013,
RESIDING AT TC 22/1855, PURA-98,
PUTHOORKONAM,MANIKANTESWARAM P.O,
THIRUVANANTHAPURAM 695 013.
13 GEORGE P.P.,
AGED 59 YEARS, S/O.PAULOSE P.V.,
SENIOR PERSONAL SECRETARY, DIRECTOR'S OFFICE,VSSC,
ISRO P.O, THIRUVANANTHAPURAM -695 022,
RESIDING AT TC 9/427, CHENTHI, PONGUMMOODU,
MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM 695 011.
14 PUSHKALA L.,
AGED 58 YEAS, D/O.SUBRAMONIA IYER (LATE),
PERSONAL SECRETARY, STR, VSSC,
ISRO P.O,THIRUVANANTHAPURAM-695 022,
RESIDING AT S.P. 16/236, "ABHILASH", KATTIL LANE,
KARIYAM, SREEKARIYAM P.O.,
THIRUVANANTHAPURAM 695 017.
15 GOPALAKRISHNAN S.,
AGED 64 YEARS, S/O.SREEDHARAN NAIR K.N.(LATE),
PROJECT PERSONAL SECRETARY (RETD.),LMIG/MVIT, VSSC,
VALIAMALA COMPLEX,VALIAMALA P O,
THIRUVANANTHAPURAM-695 547,
RESIDING AT TC 2/3093 (1), PLRA-79,
PANACHAMOODU LANE, PATTOM P.O.,
THIRUVANANTHAPURAM 695 004.
16 VISWANATHAN S.,
AGED 63 YEARS, S/O.N.SUBRAMANIA IYER (LATE),
PROJECT PERSONAL SECRETARY (RETD.),MVIT PURCHASE,
VSSC, VALIAMALA P.O,THIRUVANANTHAPURAM-695 547,
RESIDING AT FLAT NO.B 113, SWATHI NAGAR WEST FORT,
THIRUVANANTHAPURAM 695 023.
BY ADVS.
SRI.S.RAMESH BABU (SR.)
SRI.IMAM GRIGORIOS KARAT
SRI.N.KRISHNA PRASAD
OP(CAT) No.169 of 2017
4
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SPACE,
GOVERNMENT OF INDIA, ANTARIKSH BHAVAN,
NEW BEL ROAD, BANGALORE - 560 231.
2 VIKRAM SARABHAI SPACE CENTRE,
REPRESENTED BY ITS DIRECTOR, VSSC,
ISRO (PO), TRIVANDRUM-695 022.
BY SRI.T.V.VINU, CGC
SRI.K.THYAGARAJESWARAN CGC
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 22.05.2019, THE COURT
ON 23.05.2019 DELIVERED THE FOLLOWING:
OP(CAT) No.169 of 2017
5
Judgment
Chitambaresh, J.
1.Annexure R1 Office Memorandum dated 24.12.2009 inter alia stated as follows:
"The issue regarding assignment of Grade Pay of Rs.5400/- has since been examined in detail in the Department. Taking all aspects into account, it has now been decided to assign the Grade Pay of Rs.5400/- in PB-3 to the following categories of employees, who were assigned with the Grade Pay of Rs.4800/-, on completion of four years from the date of assigning the Grade Pay of Rs. 4800/- i.e, 01.01.2006:
1. Personal Secretary
2. Project Personal Secretary
3. Sr. Project Assistant
4. Asst. Catering Manager
5. Asst. Security Officer." (emphasis supplied) The above Office Memorandum was in force when the petitioners completed four years from the date of assigning the Grade Pay of `4800/- (2007-08) and their entitlement for the emoluments is OP(CAT) No.169 of 2017 6 beyond dispute.
2.It is much after has Annexure A5 Office Memorandum dated 13.12.2012 been issued which inter alia states as follows:
"As per Sl. No.II(2) of Section-II of Part-B to the First Schedule to CCS (RP) Rules, 2008, for grant of Grade Pay of `5400/-, employees have to complete four years regular service in specific posts with a Grade Pay of `4800/- after appointment/promotion thereto and has no relevance to the date of acquiring the Grade Pay of `4800/- through Financial Upgradations under ACP/MACP." (emphasis supplied) The insistence of completion of four years regular service in specific posts with a Grade Pay of `4800/- after appointment/promotion thereto has been incorporated only in Annexure A5 Office Memorandum. We cannot appreciate the contention of the respondents that Annexure A5 Office Memorandum has been issued in clarification of Annexure R1 Office Memorandum referred to supra.
3.The reasoning as above has found favour with the Division Bench OP(CAT) No.169 of 2017 7 of the High Court of Karnataka in Ext.P5 order dealing with the same two Office Memorandums wherein it has been held as follows:
"5. Be it recorded, in the Revised Pay Rules, 2008, such restriction of completion of four years was not proved. Further, in 24/26.12.2009, the Central Government by issuance of the office memorandum also provided that the completion of four years in regular service after appointment/promotion thereto has no relevance. But subsequently, by office memorandum dated 13.12.2012, the earlier office memorandum is amended and for entitlement of the Grade Pay of Rs.5,400/-, the requirement of completion of four years in the Grade Pay of Rs.4,800/- was included.
6. Even if the contention raised by the learned counsel that the issuance of office memorandum was in exercise of the statutory rule under Rule 17 of the Revised Pay Rules, 2008, then also earlier there was already an exercise of the power by virtue of interpretation vide office memorandum dated 24/26.12.2009. The very interpretation already made could not be modified by subsequent office memorandum dated 13.12.2012, more particularly when in the initial Revised Pay Rules and in the schedule appended to the Rules, there was no requirement of completion of four years in the Grade OP(CAT) No.169 of 2017 8 Pay of Rs.4,800/-."
4.We find that Ext.P5 order has subsequently been followed by the Division Bench of the Karnataka High Court in Ext.P6 order and the Special Leave Petition therefrom was dismissed by Ext.P7 order of the Supreme Court. We are in complete agreement with the view of the Division Bench of the Karnataka High Court on the issue more so when the Supreme Court approved the same. We cannot agree with the reasoning of the Central Administrative Tribunal that Annexure A5 Office Memorandum was issued to rectify the mistake in Annexure R1 Office Memorandum. Annexure R1 Office Memorandum admits of no ambiguity even though it might not be in strict consonance with the Government's Resolution dated 29.8.2008. We hold that the petitioners are entitled to the benefit of Annexure R1 Office Memorandum on completion of four years from the date of assigning the Grade Pay of `4800/-. The petitioners who were holding the post of Personal Secretary cannot be denied that benefit on the basis of Annexure A5 Office Memorandum issued much after. The emoluments in the light of the declaration above OP(CAT) No.169 of 2017 9 shall be disbursed to the petitioners within two months and the impugned order of the Tribunal is accordingly set aside. The original petition is allowed. No costs.
Sd/-
V. CHITAMBARESH, JUDGE Sd/-
ASHOK MENON, JUDGE Sha/220519 OP(CAT) No.169 of 2017 10 APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER IN OA NO.521 OF 2013 DATED 23.2.2016 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P2 TRUE COPY OF THE ORIGINAL APPLICATION.
ANNEXURE-A4(A): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 1ST APPLICANT DATED 8.1.2013.
ANNEXURE-A4(B): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 2ND APPLICANT DATED 8.1.2013.
ANNEXURE-A4(C): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 3RD APPLICANT DATED 8.1.2013.
ANNEXURE-A4(D): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 4TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(E): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 5TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(F): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 6TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(G): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 7TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(H): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 8TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(I): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 9TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(J): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 10TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(K): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 11TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(L): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 12TH APPLICANT DATED 8.1.2013.OP(CAT) No.169 of 2017 11
ANNEXURE-A4(M): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 13TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(N): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 14TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(O): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 15TH APPLICANT DATED 8.1.2013.
ANNEXURE-A4(P): TRUE COPY OF THE COMMUNICATION ISSUED TO THE 16TH APPLICANT DATED 8.1.2013.
ANNEXURE-A5: TRUE COPY OF THE OFFICE MEMORANDUM OM(NO)E.29011/1/2008-V DATED 13.12.2012.
ANNEXURE-A1: TRUE COPY OF THE OFFICE MEMORANDUM NO.VSSC/PGA/CDS/22(190) DATED 14.9.1999 ISSUED BY THE DEPARTMENT OF SPACE IN FURTHERANCE OF THE SCHEME.
ANNEXURE-A2: TRUE COPY OF THE RELEVANT EXTRACT OF THE REVISED PAY STRUCTURE IN RESPECT OF ISRO STENOGRAPHIC STAFF AS CONTAINED IN DOS OM NO.E29011/1/08-V DATED 12.9.2008.
ANNEXURE-A3: TRUE COPY OF THE ORDER IN O.A.NO.759/2012 DATED 15.5.2012.
EXHIBIT P3 REPLY STATEMENT FILED BY THE RESPONDENTS DATED 25.10.2013 ANNEXURE-R1: PHOTOCOPY OF THE OM DATED 24/26.12.2009 ANNEXURE-R2: PHOTOCOPY OF THE COMMUNICATION DATED 20.12.2012 EXHIBIT P4 TRUE COPY OF THE STATEMENT FILED BY THE RESPONDENTS DATED 10.12.2015 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 12.7.2016 IN WP(C)NO.32524 OF 2016 OF THE KARNATAKA HIGH COURT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 2.9.2016 IN WP(C) NO.32501 OF 2016 OF THE KARNATAKA HIGH COURT.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 3.2.2017 DISMISSING OP(CAT) No.169 of 2017 12 THE SPECIAL LEAVE PETITION NOS.34238 OF 2016 AND 27687 OF 2016.
RESPONDENTS' EXHIBITS: NIL