Central Administrative Tribunal - Bangalore
S N Ramakrishna vs Space on 27 January, 2025
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O.A.No.170/00224/2023/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00224/2023
Order Reserved on: 15.1.2025
Date of Order: 27.01.2025
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE DR. SANJIV KUMAR, MEMBER (A)
S.N.Ramakrishna, Aged about: 69 years,
S/o Late S.K.Nagaraja Rao, Retired Deputy Secretary,
Department of Space HQ, Bangalore-560094.
Residing at:Flat No.B002, Ground floor, K.V. Lake front,
OM Shakti Temple street, Chandranagar,
Kumaraswamy layout, Bangalore-560111 ...Applicant
(By Advocate: Shri P.Kamalesan)
Vs.
1. Secretary, Department of Space Hq,
Anthariksha Bhavan, New BEL Road, Bangalore-560094.
2. Secretary, Department of Personnel & Training,
Ministry of Personnel, PG and pensions, North Block,
New Delhi-110011 ...Respondents
(By Advocate Shri.Vishnu Bhat for R 1 & 2)
SHAINEY
SHAI VIJU
CAT
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2025.01.28
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O.A.No.170/00224/2023/CAT/BANGALORE
ORDER
PER: DR. SANJIV KUMAR, MEMBER (A)
This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 claiming the following reliefs:
" I. Quash the Department of personnel & Training Esst (Pay II) Section letter No. DOPT ID No.1079 250/2015 (Pay (ii) dated: 1-5-2015 Annexure-A11 issued by respondent No.2 II. Quash Government of India, Department of Space, Bangalore-560094, order No.A- 12011/1/2013-1/dated: 27-5-2015 Annexure-A12 issued by respondent No. 1.
III. Quash Government of India, Department of Space Bangalore-560094 letter No.A- 12011/1/2013-1 dated: 2-11-2022-Annexure-A21 issued by respondent No. 1.
IV. Grant any other relief as deemed fit in the facts and circumstances of the case, in the interest of justice and equity. "
2. The basic facts of the case, as explained by the applicant, are that the applicant was promoted as Deputy Secretary- DOS/SRO HQ, Department of Space at Bangalore in pay scale of 15600-39100 +7600 grade pay from 2- 1-2012. Subsequently the applicant was ordered to hold additional charge as Head, personnel and general administration ISRO HQ, Bangalore with full powers to exercise all financial, SHAINEY SHAI administrative VIJU CAT and other powers of Sr.Head, Personnel and General NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 3 O.A.No.170/00224/2023/CAT/BANGALORE Administration in the grade of 37400-6780+ Grade pay of 8700. The applicant worked in higher post from 21-2-2013 to 31-7-2013. The applicant submitted many representations for granting higher pay scale for having worked in higher post, under the provisions of FR 49 (iii). But the respondents granted 10% of presumptive pay under provisions of FR 49 (iii) which is not beneficial for his retiral benefits. The applicant is eligible to draw higher pay scale for officiating in higher post, for more than 3 months, under provisions of FR 49 (1). According to the applicant, denial of such higher pay scale is arbitrary, illegal, and in violation of rule 49(iii) of FR. Hence this Original Application has been filed for seeking the aforementioned reliefs.
3. On notice, the respondents have filed their reply statement. No rejoinder has been filed by the applicant.
4. The case came up for final hearing on 15.1.2025. Shri.P.A.Kamalesan for the applicant and Shri.Vishnu Bhat for respondents 1 & 2 were present and heard.
5. We have carefully gone through the entire record and considered SHAINEY SHAI VIJUcontentions.
the rival CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 4 O.A.No.170/00224/2023/CAT/BANGALORE
6. The basic facts of the case is not disputed. The applicant was promoted to the post of Deputy Secretary in the Pay Band of Rs.15600- 39100 plus Grade Pay of Rs.7600/- and posted to DOS, Bengaluru with effect from 2.1.2012. Smt.Vani Ramachandra, OSD functioning in ISRO Headquarters against the Sr.Head, P&GA post superannuated on 31.01.2013. Subsequently, the post was offered to officials who were in panel viz., Shri.P.Kamaakar Rao and Shri.A.V.Raju. Both of them had refused the offer since they were already in OSD/Sr.Head Grade. Even for downgrading the post and operating at Head, P&GA level, there were no candidates available in panel drawn for the post of Head, P&GA. The post of Sr. Head, PSGA at ISRO Headquarters is a very important position having greater responsibilities of taking care of personnel and policy matter of administrative and technical personnel of entire DOS/ISRO community, which has the total strength of around 17000 employees. Further, Sr. Head P&GA, ISRO HQ has to implement the policy decisions of the Department of Space and also ensure that the same is implemented in various ISRO Centres/Units located at different parts of the country uniformly. He is also the Cadre Controlling Authority for all Officers in Administrative Areas and the SHAINEY SHAI entireVIJU selection process for promotion to all Officer Cadre and their CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 5 O.A.No.170/00224/2023/CAT/BANGALORE transfers and postings to various ISRO Centres/Units are controlled at ISRO Headquarters. Hence, there was an absolute need to officiate the post of Sr. Head, P&GA at ISRO Headquarters. The applicant Shri S N Ramakrishna had attained the designation of Deputy Secretary on 02.01.2012.
7. As Such, he completed only thirteen months service as Deputy Secretary as on the date of superannuation of Smt. Vani Ramachandra, occupant of OSD post. Since, there was no suitable candidate in the analogous grade to assign the additional charge of Sr. Head, P&GA, ISRO Headquarters including the applicant Shri S N Ramakrishna, the approval of appointing authority i.e Chairman, ISRO/ Secretary, DOS had been obtained to downgrade the post of Sr. Head, P&GA as Head, P&GA and to designate the applicant to hold additional charge of the post of Head, P&GA at ISRO Headquarters, as a stop-gap arrangement in the same premises/building i.e., Antariksh Bhavan. Accordingly, an Office Order No.A.24012/14/2012-I dated 21.2.2013 assigning the additional charge as Head, P&GA at ISRO Headquarters, Bengaluru was issued to the applicant, who was holding the post of Deputy Secretary in DOS on regular basis at that time. Though the applicant SHAINEY SHAI VIJUgiven additional charge only as Head, P&GA, in order to run has been CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 6 O.A.No.170/00224/2023/CAT/BANGALORE the office activities smoothly, the applicant has been given the administrative, financial and purchase powers of Sr.Head, P&GA, ISRO Headquarters. The applicant was holding the additional charge of the post of Head, P&GA, ISRO HQ from 21.2.2013 to 31.7.2013. On attaining the age of superannuation, the applicant retired from service on 30.11.2013. In the meantime, the applicant had submitted two representations dated 10.5.2013 & 11.11.2013 requesting the department to grant Pay Band (PB)-4 with Grade Pay of Rs.8700/- under FR 49(iii) for holding the additional charge of the post of Head, P&GA at ISRO Headquarters.
8. Para (iii) of FR 49 stipulates that where a Government servant is formally appointed to hold charge of another post or posts which is or are not in the same office, or which, though in the same office, is or are not in the same cadre/line of promotion, he shall be allowed the pay of the higher post, or of the highest post, if he holds charge of more than two posts, in addition to ten percent of the presumptive pay of the additional post or posts, if the additional charge is held for a period exceeding 45 days but not exceeding 3 months. Provided that if any particular case, it is SHAINEY SHAI VIJU considered CAT necessary that the Government servant should hold NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 7 O.A.No.170/00224/2023/CAT/BANGALORE charge of another post or posts for a period exceeding 3 months, the concurrence of DoPT shall be obtained for the payment of the additional pay beyond the period of 3 months.
9. Since the applicant held the additional charge of the post of Head, P&GA beyond three months, as required under para (iii) of FR 49, the Department vide DOS U.O Note No.12011/1/2013-1 dated 01.01.2014 has submitted a proposal to DoPT for obtaining concurrence for payment of additional pay to the applicant beyond three months w.e.f 21.02.2013 to 31.07.2013.
10. DoPT vide ID No. 1079250/2015 Estt. (Pay II) dated 01.05.2015 has agreed to grant 10% of presumptive pay to the applicant for holding the additional charge of the post of Senior Head, P&GA/OSD, ISRO Headquarters, Banglore of the Department of Space under FR 49(iii) w.e.f 21.02.2013 to 31.07.2013. Accordingly, the decision of DoPT was communicated to the applicant vide Order dated 27.05.2015. Thereafter, the applicant had submitted representations to various authorities of DoPT and DOS on 18.05.2020, 01.02.2021 and 14.07.2021. Since, there was no material change in his representations SHAINEY SHAI VIJU and those CAT were turned out to be fait accompli, status quo was NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 8 O.A.No.170/00224/2023/CAT/BANGALORE maintained and no action was taken on those representations. The applicant vide letter dated 13.04.2022 once again made a representation to the Hon'ble Prime Minister on the same issue. In turn, it has been forwarded to respondent No. 1 Organisation for disposal. The respondent Organisation vide letter No.A.12011/1/2013-1 dated 02.11.2022 has disposed of the above representation informing the applicant that with the concurrence of DoPT, 10% of presumptive pay was paid to him and as there is no material change in the case, it was not found feasible to agree to fix his pay in PB-4/GP Rs.8700/- for the period from 21.02.2013 to 31.07.2013. Aggrieved by the above reply, the applicant filed the instant OA .
11. Clearly, it is not denied that the applicant was holding the additional charge as Head, P&GA at ISRO Headquarters, Bengaluru and was exercising all the financial, administrative and purchase powers of Senior Head, P&GA/OSD, ISRO Headquarters, Banglore of the Department of Space w.e.f 21.02.2013 to 31.07.2013.
12. The claim of the respondent is that they had downgraded the SHAINEY SHAI VIJU as Head , P&GA and the applicant being in the same post said post CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 9 O.A.No.170/00224/2023/CAT/BANGALORE of Deputy Secretary was given additional charge of the same. But once, the respondents do not dispute that the applicant was allowed to exercise power as Sr.Head, P&GA, ISRO Headquarters, even though they had downgraded the post (which they claimed, but they have not submitted any order of downgrading). The respondent Department cannot say that the applicant did not discharge the higher responsibility of Sr.Head, P&GA. The document at Annexure R-2 dated February 21, 2013 No.A.24012/14/2012-I reads the following:
"Government of India Department of Space No.A.24012/14/2012-1 February 21, 2013.
OFFICE ORDER With immediate effect and until further orders, Shri S N Ramakrishna, Deputy Secretary, DOS shall hold additional charge as Head, Personnel and General Administration, ISRO Hq. In this capacity as HPGA, he shall report to Director, Administrative Services, Antariksh Bhavan and Scientific Secretary, ISRO.
He shall exercise all the financial, administrative and purchase powers delegated to OSD/Sr HPGA, ISRO Hq SHAINEY (A Vijay Anand) SHAI VIJU CAT Joint Secretary, DOS/ NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 10 O.A.No.170/00224/2023/CAT/BANGALORE Member (Personnel), ISRO Council Shri S N Ramakrishna, Deputy Secretary, DOS "
13. Simple reading of the above shows that he was given additional charge as Head, personal and General Administration, ISRO Hq., but the same order also authorized him and made it clear that he shall exercise all the financial, administrative and purchase powers delegated to OSD/Sr.HPGA, ISRO Hq. Merely, by technically downgrading and giving him to hold additional charge as Head, Personnel and General Administration, ISRO Hq. does not change the higher responsibility and status of his additional charge. And as he held an additional charge which were having higher responsibility in terms of financial, administrative and purchase powers delegated to OSD/Sr.HPGA between 21.2.2013 to 31.7.2013, which is not disputed, hence we are of the considered opinion that for holding such additional charge whatever entitlements are as per rule the applicant was very much eligible and entitled to, and he should have been given the benefits of the same.
14. Let us examine closely para (iii) of Fundamental Rules 49:
SHAINEY SHAI VIJU CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 11 O.A.No.170/00224/2023/CAT/BANGALORE
(iii) where a Government servant is formally appointed to hold charge of another post or posts which is or are not in the same office, or which, though in the same office, is or are not in the same cadre/line of promotion, he shall be allowed the pay of the higher post, or of the highest post, if he holds charge of more than two posts, in addition to ten per cent of the presumptive pay of the additional post or posts, if the additional charge is held for a period exceeding [45] days but not exceeding 3 months:
Provided that if in any particular case, it is considered necessary that the Government servant should hold charge of another post or posts for a period exceeding 3 months, the concurrence of the Department of Personnel and Training] shall be obtained for the payment of the additional pay beyond the period of 3 months;"
15. Simple reading of the above shows that where a Government Servant is formally appointed to hold charge of another post or posts which is or are not in the same office, or which, though in the same office, is or are not in the same cadre/line of promotion, he shall be allowed the pay of the higher post, or of the highest post, if he holds charge of more than two posts, in addition to ten per cent of the presumptive pay of the additional post or posts, if the additional charge is held for a period exceeding [45] days but not exceeding 3 months. There is also a proviso to this that if in any particular case, it is SHAINEY SHAI VIJU considered CAT necessary that the Government servant should hold NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 12 O.A.No.170/00224/2023/CAT/BANGALORE charge of another post or posts for a period exceeding 3 months, the concurrence of the Department of Personnel and Training shall be obtained for the payment of the additional pay beyond the period of 3 months. In the instant case, the proposal was sent to DoP&T and the DoP&T after consideration vide Annexure A-11 passed the following order:
"Department of Personnel & Training Estt.(Pay II) Section **** Reference preceding notes from Department of Space regarding grant of additional remuneration under FR 49 to Shri S.N. Ramakrishna, Ex. Deputy Secretary, Department of Space for holding the additional charge of the post of Senior Head Personnel General Administration/Officer on Special Duty, ISRO & Headquarters, Bengaluru, Department of Space w.e.f. 21.2.2013 to 31.7.2013.
2. The proposal has been considered In this Department. This Department agrees to grant of 10% of presumptive pay to Shri Ramakrishna, Ex. Deputy Secretary, Department of Space for holding the additional charge of the post of Senior Head Personnel & General Administration/Officer on Special Duty, ISRO Headquarters, Bengalore of Department of Space under FR 49 (iii) w.e.f. 21.2.2013 to 31.7.2013.
3. This has the approval of Joint Secretary (E).
(Pushpender Kumar)
SHAINEY Under Secretary (Pay)
SHAI VIJU
CAT
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O.A.No.170/00224/2023/CAT/BANGALORE Department of Space, Bangalore Deptt. of Pers. & Trg. I.D.No. 1079250/2015-Estt. (Pay II) dated / 5-2015 "
16. Simple reading of the above shows that the Department of Personnel and Training agreed for 10% of presumptive pay for holding the additional charge of the post of Senior Head Personnel & General Administration/Officer on Special Duty, ISRO Headquarters, Bengalore of Department of Space under FR 49(iii) w.e.f 21.2.2013 to 31.7.2013. Accordingly the Department vide its order at Annexure A- 12 dated 27.5.2015 granted 10% of presumptive pay under FR 49(iii). But the order of DoPT is not giving any reason why it did not sanction the pay of the higher post? To that extent the said order does not assign any reason for such denial of benefits as per FR 49(iii) the said order of the DoPT is non-speaking and devoid of merit.
17. The said decision was not acceptable to the applicant and hence, he further represented and based on his representations, the Department of Space further sent proposals vide their UO Note dated April 30, 2014 at Annexure A-15 and finally it was disposed of vide impugned order at Annexure A21, No.A.12011/1/2013-I dated November 2, 2022 with SHAINEY SHAI VIJU CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 14 O.A.No.170/00224/2023/CAT/BANGALORE the subject "Requesting to fix your pay in PB 4/GP Rs.8700/- for the period 21.2.2013 to 31.7.2014- reg." with the following contents:
" I am directed to refer to your representation dated 13.04.2022 received in this office through Prime Minister's Office vide PMO ID No. PMOPG/D/2022/0088473 dated 21.04.2022, on the subject mentioned above.
2. In this regard, it is to inform that the issue was already examined in consultation with DOPT during the year 2015 and 10% of presumptive pay was granted to you for holding the additional charge of the post of Head, PGA, ISRO HQ under FR 49 (iii) from, 21.02.2013 to 31.07.2013.
3. Further, it is informed that promotions in administrative areas are vacancy based. Every year DPC reviews were conducted for the employees who have completed required residency period for the next higher post and draw the panel. Promotion will be offered to the successful candidates subject to availability of vacancy.
4. It is also informed that consequent on the retirement of incumbent of the post. of OSD/ Sr. Head, P&GA, ISRO HQ (retired on 31.01.2013) and due to non avallability of eligible candidates for appointment to the sald post, the post could not be filled upto 31.07.2013. Hence, additional charge of the post of Head, P&GA ISRO HQ was assigned to you for the period from 21.02.2013 to 31.07.2013. As per rules, since you held additional charge, with the concurrence of DoPT, 10% o presumptive pay was paid to you.
In the light of the above and also as there is no material change in the case, it is not found feasible to agree to fix your pay in PB 4 / GP Rs. 8700 for SHAINEY SHAI VIJU CAT the period 21.02.2013 to 31.07.2013. The NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 15 O.A.No.170/00224/2023/CAT/BANGALORE representations preferred in this regard stands disposed of accordingly. No further representations on the same issue will be entertained in future.
6. This issues with the approval of Secretary, Department of Space."
Clearly, the said order only maintains status quo and did not consider the request of the applicant. It is evident from the said order that it merely maintains status quo, without assigning any reason for denying the applicant the benefits of higher pay in addition to 10% of the presumptive pay of other charge as per FR 49(iii), and to that extent this order is also non-speaking and devoid of merit.
18. Closure look at Fundamental Rules 49(iii) shows that if any one holds the charge which satisfies the condition therein, the person is eligible for two benefits, firstly, he shall be allowed the pay of the higher post or the highest post if he holds the charge of more than two posts. Secondly, in addition the person is entitled to 10% of presumptive pay for holding the additional charge of the post, if the additional charge is held for a period exceeding 45 days but not exceeding 3 months. Clearly benefit for 3 months could SHAINEY SHAI VIJU CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 16 O.A.No.170/00224/2023/CAT/BANGALORE have been given by the Department of Space itself without any reference to DoPT as per rule.
19. If we examine the case of the applicant, he was in the additional charge of the post of Head, Personnel & General Administration, ISRO Hq, Bangalore for the period from 21.2.2013 to 31.7.2013, but he was exercising all the financial, administrative and purchase powers delegated to OSD/Sr.HPGA, ISRO Hq.
20. We are of the considered opinion that the department cannot deny the benefit to an incumbent by downgrading the post nominally and allowing the person to exercise higher powers delegated to higher post. The test of any post and its level is what responsibilities are assigned to that post and what type of financial, administrative and purchase powers are delegated and responsibilities are entrusted to the said post. Once the applicant had been entrusted with higher responsibility, the Department is estopped from telling that he was not holding higher post.
21. And once he was holding the higher responsibility as additional SHAINEY SHAI VIJU charge, as such the benefits which are provided under FR 49(iii) cannot CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 17 O.A.No.170/00224/2023/CAT/BANGALORE be denied to him. Hence in our considered opinion the applicant would be eligible for, in addition to 10% of Presumptive Pay of the additional post, pay of the higher post for the said period as he had held the post for more than 45 days, for giving benefit for 45 days to 3 months, the Department itself was competent to give him benefit under FR 49(iii). Only beyond that period, the proviso to FR 49(iii) is applicable, which reads:
"Provided that if in any particular case, it is considered necessary that the Government servant should hold charge of another post or posts for a period exceeding 3 months, the concurrence of the Department of Personnel and Training] shall be obtained for the payment of the additional pay beyond the period of 3 months"
22. Once the Department has entrusted him additional work and taken from him additional work with higher responsibilities between 21.2.2013 to 31.7.2013, the Department itself could have given him all the required benefits under FR 49(iii) for the first three months and after 3 months and beyond that period they could have taken concurrence from the DoP&T to extend the said benefit further.
23. We fail to see under the rules, if there was any discretion provided to the department. The DoPT was rule bound to give SHAINEY SHAI VIJU CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 18 O.A.No.170/00224/2023/CAT/BANGALORE concurrence as the person had been entrusted with higher responsibilities and he had actually shouldered and discharged and exercised all the financial, administrative and purchase powers delegated to OSD/Sr.HPGA, ISRO Hq. Department and DoPT have discretion not to give such charge to a person who was entitled for benefits under FR 49(iii), but once they allow such charge and additional responsibilities to be entrusted to an employee, they can't curtail his legitimate entitlements flowing out of FR 49(iii).
24. Considering the facts and the rule position, we are of the considered opinion that the applicant has a strong case in his favour and accordingly we pass the following orders:
The Original Application is allowed by quashing the letters at:
(1) Annexure A11 issued by respondent no.2 Department of Personnel and Training Estt.(Pay II) Section letter No. DOPT ID No.1079250/2015(Pay
(ii) dated 1.5.2015;
(2) Annexure A12, issued by respondent no.1 Govt. of India, Department of Space, Bangalore, No.A-12011/1/2013-1 dated 27.5.2015 and (3) Annexure A-21, issued by respondent no.1 Govt. of India, Department of Space, Bangalore, No.A-12011/1/2013-I dated 2.11.2022.
SHAINEY SHAI VIJU CAT NEY Bangalore 2025.01.28 VIJU 17:52:04 +05'30' 19 O.A.No.170/00224/2023/CAT/BANGALORE The respondents are directed to extend the full benefit of FR 49(iii) to the applicant and allow him the pay of the higher post of OSD/Sr.HPGA, ISRO Hq and in addition to the 10% of presumptive pay of the additional post which he held during the period between 21.2.2013 to 31.7.2013 with all consequential benefits. The respondents are further directed to expeditiously implement this order, in any case, not later than 12 weeks from the date of receipt of a certified copy of this order.
The Original Application is allowed as above. Accordingly, associated Miscellaneous Applications, if any pending, are also disposed of. No costs.
Sd/- sd/-
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/sv/
SHAINEY
SHAI VIJU
CAT
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