Central Administrative Tribunal - Ernakulam
Chandana Rajesh vs The Secretary Department Of Official ... on 1 August, 2023
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00648/2018
Tuesday, this the 1st day of August, 2023
CO RAM:
Hon'ble Mr. Justice Sunil Thomas, Judicial Member
Hon'ble Mr. K. V. Eapen, Administrative Member
Chandana Rajesh, Aged 42 years,
W/o. Rajesh Kumar Achuthan,
Junior Hindi Translator,
Vikram Sarabhai Space Centre,
Thiruvananthapuram - 695 022.
Residing at Sudharma 12 D, Heera Havens,
Ullor, Medical College Post, Thiruvananthapuram - Applicant
(By Advocate: Mr. U. Balagangadharan)
VERSUS
1. The Union of India represented by Secretary,
Department of Official Language, Ministry of Home Affairs,
NDCC - 2 Building, 4th Floor,
Jai Singh Road, New Delhi - 110 001.
2. The Secretary,
Ministry of Shipping, Road Transport and Highways,
Central Secretariat,
New Delhi - 110 001.
3. The Director General of Shipping,
Official Language Implementation Cell,
Bet Building, 9th Floor,
I - Think, Techno Campus,
Kanjoor Marg (East), Mumbai - 400 042.
4. The Principal Officer, Mercantile Marine Department,
Anchor Gate Building II Floor,
Rajaji Salai, Post Bag No. 5004,
Chennai - 600 001.
5. The Director, Vikram Sarabhai Space Centre,
Thiruvananthapuram - 695 022. - Respondents
(By Advocate: Mr. N. Anilkumar, SPC)
This Original Application having been heard on 10 th July 2023, the
Tribunal on 1st August, 2023 day delivered the following: -
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ORDER
Per: K. V. Eapen, Administrative Member The applicant has filed this O.A seeking the following relief: -
i) Call for records leading to Annexure A11 and quash the same as illegal and unsustainable and violative of principles of natural justice;
ii) Direct the 4th respondent to revise the pay scale of the applicant to Rs.5500-9000 from 11.02.2003 and grant corresponding revised pay band and grade pay from 01.01.2006 with consequential benefits including arrears of pay and allowances.
iii) Direct the 5th respondent to revise Annexure A5 to give corresponding higher financial upgradation from 29.10.2013 with consequential benefits including pay and allowances in tune with upgradation of pay scale to Rs.5500-9000.
iv) Declare that the applicant is entitled to get her pay scale revised to Rs.5500-9000 from 11.02.2003 and corresponding pay band and Grade pay from 01.01.2006 and she is also eligible for corresponding financial upgradation under MACP scheme.
v) Such other reliefs that the Hon'ble Tribunal deem fit in the facts and circumstances of the case.
2. The issue in question in relation to the equalisation of pay scale of Junior Hindi Translators (JHTs) working in different subordinate organisations of the Government of India with those working in the Central Secretariat Official Language Service (CSOLS) Cadre has been a subject matter of litigation filed in various Benches of this Tribunal as well as higher judicial forums. The matter is, in our view, no longer res integra in terms of the decision taken by a Full Bench of this Tribunal on the issue, which has been subsequently upheld by the Hon'ble High Court of Kerala as well as the Hon'ble Supreme Court. However, we will refer to these issues later in this order.
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3. The applicant is a Junior Hindi Translator working in the 5 th respondent organisation Vikram Sarabhai Space Centre, Trivandrum (VSSC). She was initially appointed as a JHT in the Mercantile Marine Department (MMD) under the Ministry of Shipping, in Chennai. This office is a subordinate office under Director General of Shipping, under the Ministry of Shipping. After the pay scales were revised as per the recommendation of 6th Pay Commission, the pay of the applicant was fixed at Rs.10420/- in PB-2 Rs.9300-34800 with Grade Pay of Rs.4200/- with effect from 01.01.2006. Thereafter, it appears that the applicant applied for the post of Junior Hindi Translator in the VSCC, Thiruvananthapuram through proper channel. She submits that she was appointed after a due process of selection on 19.07.2012 at the VSCC Thiruvananthapuram. Her pay on joining was fixed at Rs.13,500/- (Rs.9300 plus Rs.4200) in the pay band PB-II, Rs.9300-34800 with Grade Pay of Rs.4200/-, as per orders of the 5th respondent vide Annexure A3.
4. It is submitted that the Department of Official Language is the Cadre Controlling authority of the Central Secretariat Official Language Service (CSOLS) constituted in 1981. After the implementation of the Vth Pay Commission, the pay scale of JHTs had been upgraded from Rs.5000-8000 to Rs.5500-9000/- in order to give parity with analogous posts vide the order produced at Annexure A4 dated 02.04.2004. The notional basis was with effect from 1.1.1996 and actual payment was given with effect from 11.02.2003. Since the benefit of this upgradation was limited to CSOLS only and not to the subordinate offices across the country in which many of the Junior Hindi Translators were working, many of the JHTs filed cases in 4 various Courts and Tribunals across the country seeking parity. It was held by Orders/Judgements of these judicial forums that such differences in pay between the Junior Hindi Translators posted in the subordinate offices vis-a- vis those in the CSOLS was discriminatory. It was declared that Junior Hindi Translators in subordinate/attached offices were also entitled to get the benefit of the upgraded scale of pay. The Orders by the Tribunals and judgements of High Courts in this connection were later upheld by the Hon'ble Apex Court.
5. The applicant's submission is that, in the above situation, she too is entitled to have got the same revised scale of pay of Rs.5500-9000/-, mentioned in the Annexure A4 order in CSOLS, notionally from her initial date of appointment along with actual arrears of pay and allowances from the effective date of 11.02.2003. However, orders regarding this upgradation were not passed by the office of the fourth respondent, Mercantile Marine Department, Chennai. She submits that the post of Junior Hindi Translator in the department is an isolated one and there was only one post in the Chennai Office. Hence, when she was appointed to the VSSC, Thiruvananthapuram she continued to draw her pay in the pay band of Rs.9300-34800/- with grade pay of Rs.4200/-, as indicated in the statement of fixation of pay vide Annexure A2. The applicant was later granted 1 st financial upgradation under the MACP Scheme by the 5 th respondent, raising her Grade Pay from Rs.4200/- to Rs.4600/- with effect from 29.10.2013. It was only later that the applicant made representations to the 4th respondent, seeking revision in her scale of pay and payment of arrears on par with the JHTs in CSOLS with effect from 11.2.2003 in the scale of 5 pay of Rs.5500-9000 on the basis of the Annexure A-4 Circular. After some correspondence, a communication was issued by the 1 st respondent, Department of Official Language addressed to the 4 th respondent, Mercantile Marine Department (MMD) Chennai, vide the letter dated 21.03.2018 produced as impugned order at Annexure A11, indicating that the Mercantile Marine Department is not a participating office of the Central Secretariat Official Language Service (CSOLS) Cadre and that the Department of Official Languages has no comments to offer in this regard on the revision of the scale of pay. The Annexure A11 letter was forwarded by the 4th respondent MMD Chennai to the 5th respondent VSSC Thiruvananthapuram with a copy to the applicant vide Annexure A12.
6. As is to be noted from Annexure A11 letter and also as per the submission of the applicant, it is to be understood from the communication that the applicant cannot claim the benefit of the Annexure A4 order, only for the reason that she was working in a subordinate office and because the revision is applicable to persons who only belong to the CSOLS Cadre. It is submitted that this limitation of the application of revised pay scales to the CSOLS Cadre alone is not sustainable. It is violative of Article 14 of the Constitution of India as the nature of job discharged by the Hindi Translators in the Central Secretariat and the subordinate offices is one and the same. It is submitted by the applicant that the intention of the Annexure A4 order was to revise the pay scales of all Hindi Translators, whether in the Central Secretariat or in subordinate offices. In any case, most importantly, this issue had been considered earlier by the Principal Bench of this Tribunal as well as in other judicial forums. It had been consistently held 6 that the Junior Hindi Translators working in the subordinate/attached offices are also eligible for the revision in their pay scale, as provided by the 1 st respondent as per Annexure A4. This Bench of the Tribunal dealt with an identical issue pertaining to JHTs working in the Cochin Special Economic Zone and had held that they too are eligible to get the revision of pay on parity with the scale of pay granted to the members of Central Secretariat Official Language Service (CSOLs) Cadre.
7. Accordingly, the applicant has prayed for the revision of her scale of pay to Rs.5500-9000/- with effect from 11.02.2003 and consequential benefits like revision of pay and revision of financial upgradation under MACP Scheme. This is indicated in her relief array brought out earlier. She has produced a series of judgements and decisions, including a decision taken by a Full Bench of this Tribunal, at Annexures A13, A14, A15 and A16 of this O.A. The crux of these decisions, according to her, is that she is entitled to get the revised pay scale of Rs.5500-9000/- with effect from 11.02.2003, the grade pay of Rs.4600 from 01.01.2006 by way of consequential revision as well as further consequential fixation of pay after upgradation under the MACP Scheme, etc.
8. The 5th respondent, VSSC and 4 th respondent, Mercantile Marine Department have filed separate reply statements in this regard. As far as the respondent, VSSC is concerned, it is submitted that the Junior Hindi Translators are inducted by them into the organisation in the Pay Band of Rs.9,300-34,800/- with Grade Pay (GP) of Rs.4200/- with effect from 01.01.2006. The applicant had been appointed as JHT in the VSSC through open recruitment and had joined the post on 19.07.2012. Her pay was fixed 7 at Rs.13,500/- (including the Grade Pay) on joining. In addition, she was made eligible for other allowances as are admissible to the employees of the Department of Space/Indian Space Reseach Organisation (ISRO) of similar status stationed at the place of posting. It is submitted that before joining the VSSC, the applicant had been working as Junior Hindi Translator in the Mercantile Marine Department, Chennai from 19.07.2001 to 18.07.2012 in the same Pay Band and Grade Pay, i.e., in PB-2 Rs.9300-34,800/- with GP of Rs.4200/-. She had applied for the post of JHT in the VSSC through proper channel. The recruitment/selection to various posts in ISRO/VSSC are being done after publishing recruitment notifications in media and in the website as per norms/procedure, inviting applications from candidates for the said post. Such notifications clearly show the scale of pay/pay band, grade pay and the essential educational qualifications required for the post etc. Thus candidates applying for the job are aware of the remuneration and other service benefits including scale of pay/pay band, grade pay etc.
9. It is submitted by the 5th respondent, VSSC that the applicant had been appointed to the post of Junior Hindi Translator in the VSSC after her acceptance of the Offer of Appointment. After securing the job and accepting the offer of appointment, she is now claiming for enhancement in the induction Grade Pay to Rs.4600/-. It is submitted that this was not the scale of pay assigned to JHTs in the VSSC at the time of induction/appointment. Hence it is submitted by the VSSC that there is no rationale for the claim as it was mentioned in the offer of appointment that the applicant would be only governed by the terms and conditions of the service under the relevant rules and orders in force in the Department of 8 Space/ISRO from time to time.
10. It is also submitted by the 5 th respondent, VSSC, that they had taken all necessary steps to protect the pay of the applicant and had also accounted for the leave accumulated, considering her previous service in the Mercantile Marine Department. It is submitted that no further action in this regard rests with the Department. Since the applicant was in Mercantile Marine Department (MMD) under the Ministry of Shipping at the time of issue of the Office Order dated 02.04.2004 (at Annexure A4) by the Department of Official Language, the 5th respondent, VSSC is not at connected with the revision of the scale of pay of the applicant from Rs.5000-150-8000 to Rs.5500-175-9000 with effect from 11.02.2003. It is submitted that this had taken place before the applicant had joined the VSSC. It is also reiterated that in the VSSC, the induction pay for the JHT post is in PB-II with Grade Pay of Rs.4,200/- with effect from 01.01.2006, on par with the orders issued by the Department of Personnel and Training (DoP&T) vide its O.M dated 19.22013 at Annexure R5(d). Hence, the VSSC has constraints to accede to the applicant's prayer to grant her higher induction grade pay and corresponding higher financial upgradation with effect from 29.10.2013 with consequential benefits including pay and allowance, in tune with upgradation of her pay scale to Rs.5500-175-9000/-. It is submitted that the VSSC has been following the recruitment procedure/norms issued by the Department of Space from time to time which is on par with the orders issued by the Department of Official Language. It is also submitted that the 1 st upgradation under the MACP Scheme to the Grade Pay of Rs.4600/- had been granted by the VSSC from 9 the date when the applicant became eligible, i.e., with effect from 29.10.2013. Under these circumstances it was submitted that the application is devoid of merit and not worth consideration.
11. The 4th respondent, Mercantile Marine Department (MMD), under the Ministry of Shipping, has also filed a reply statement where they have made similar points. They submit that on receipt of a representation from the applicant, they had requested the Department of Official Language, New Delhi to intimate them about the scale of pay for the JHTs under 5 th CPC with effect from 11.02.2003 in light of Annexure A4 as also the corresponding pre-revised scale of pay for the post recommended under the 6th CPC with effect from 01.01.2006 for taking further action in the matter. In reply, the Department of Official Language, vide letter dated 21.03.2018 produced as impugned order at Annexure A11, informed them that Mercantile Marine Department was not a participating office of the Central Secretariat Official Language Service (CSOLS) Cadre and has no comments to offer in that regard. Hence, it is clear that the applicant belonged to a subordinate service and the revision was only to persons belonging to CSOLS Cadre. Hence, it is contended that her contentions are incorrect and misguiding and she is not eligible for the substitution of pay scale and her application is liable to the rejected.
12. Learned Counsel for the applicant, Shri U. Balagangadharan, has produced copies of orders by various Benches of this Tribunal, including a recent order of this Bench of the Tribunal dated 23.12.2022 in O.A 407/2020 in the matter of a Junior Hindi Translator in the Central Passport Organisation. In addition, he produced an order of the Department of Space 10 dated 07.11.2003, by which, the Department of Space/ISRO had decided to implement the asked for revised scales of pay for the respective Hindi Staff in DOS/ISRO with effect from 11.02.2003. As per this order, a copy of which has been handed over by the learned Counsel, and also given to Shri N. Anilkumar, learned Sr. Panel Counsel (SPC) appearing for the respondents, the pay scale of pay of Junior Hindi Translators seems to have been revised by the Department of Space/ISRO from the scale of Rs.5000- 150-8000 to Rs.5500-175-9000/- with effect from 11.02.2003. Learned SPC, on the other hand, has filed a Memo in which he brought to notice some recent circulars of the Central Administrative Tribunal Principal Bench in relation to filling up of vacant posts of Senior Translators (Group B Non-Gazetted) by the Bench. As per this Circular dated 09.10.2018, the pay scale of Senior Translator is shown to be at Level 7 of the Pay Matrix (which corresponds to the pre-revised Pay Band-II Rs.9300-34800 plus Grade Pay of Rs.4600/-). He submits that this shows that in other offices, including in the Central Administrative Tribunal itself, the post of the Junior Hindi Translator would be below the Grade Pay of Rs.4600/- i.e., it would be with a Grade Pay of Rs.4200/- in the Pay Band - II Rs.9300-34800/- since Senior Translator is a promotion from a Junior Translator. Similarly in a notification issued on 20.07.2022 by the Staff Selection Commission for the post of Junior Translator in Central Secretariat Official Language Service (CSOLS), Railway Board, Armed Forces Headquarters (AFHQ) and Subordinate offices, the pay scale specified for the posts of Junior Translator is Level 6, Rs.35400-112400/- and for Sr. Hindi Translator it is Level-7, Rs.44900-142400. This shows that even to date the Grade Pay for 11 Junior Translators has been kept at the level of the 6 th Central Pay Commission (CPC) Grade Pay of Rs.4200/- in PB-II 9300-34800.
13. While considering this issue, whatever be the import of the notifications brought out above, this Tribunal is of the opinion that it has to be guided by its previous orders on the issue in deciding the matter. As on aside we note that the Department of Space/ISRO/VSSC often submits in statements filed before this Tribunal in various O.As that it need not be guided by O.Ms/circulars of the Department of Personnel and Training (or even other Departments of the Government of India) since it frames its policies without consulting the DoP&T or other Departments of Government of India, as provided for in the Allocation of Business Rules of the Government. However, it does appear that in the matter at hand it apparently followed the Department of Official Language and had issued the office order No.2/3(2)/2003-I dated 07.11.2003 implementing the pay scale of Rs.5500-175-9000 for Junior Hindi Translators with effect from 11.02.2003. We note that the applicant joined the ISRO/VSSC only on 19.07.2012 and had been given the pay protection & fixation in PB-2 of Rs.9300-34800 + Grade Pay Rs.4200/- by Annexure A3. This pay fixation has been done in the Scale stated to be the replacement of the Pay Scale of Rs.5500-175-9000. However, the fact remains that this Tribunal in its Full Bench has taken a decision, which was later not interfered by the Hon'ble High Court of Kerala as well as the Hon'ble Supreme Court, granting the Grade Pay of Rs.4600/- in the Pay Band - II Rs.9300-34,800/- to Junior Hindi Translators with effect from 01.01.2006. This same principle has been followed more recently by this Tribunal while disposing O.A 407/2020 on 12 23.12.2022 in the matter of P. Jeevadarsan v The Regional Passport Officer, Thiruvananthapuram and Ors. This Tribunal had found as follows in paragraph 11 of the O.A 407/2020:-
"11. Thus, we hold that the applicant is eligible and entitled for pay fixation in PB-2 with GP Rs.4600/- with effect from 01.01.2006 and consequential fixation on grant of first MACP in GP Rs.4800/- with effect from 27.09.2011. The respondents shall calculate the arrears to be paid to the applicant and complete payment within a period of three months from the date of receipt of a copy of this order."
14. In arriving at the above conclusions, this Bench was guided by the aforementioned decision of the Full Bench of this Tribunal dated 14.10.2013 in O.A No.953/2012 filed by one T. M. Thomas, a Junior Hindi Translator in Cochin Special Economic Zone for grant of Grade Pay Rs.4600/- in the post of Junior Hindi Translator effective from 01.01.2006, on the basis of the orders of the Department of Expenditure, Implementation Cell dated 13.11.2009. The Full Bench in paragraph 21 and 22 of the O.A 953/2012 had found as follows: -
"21. Thus, it has to be accepted that the question, as to whether the JHTs are entitled for Grade Pay of Rs.4600/- on the basis of the O.M dated 13.11.2009 was answered positively in O.A.No.107/2011 and was confirmed by the Hon'ble High Court in O.P(CAT) No.467/2012.
22. In the circumstances, the reference as to whether JHTs in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs.4600/- from 01.01.2006 on the basis of the O.M dated 13.11.2009 or not has to be held to be in favour of the applicants and in the circumstances of the case there is no necessity of again referring the matter to the Division Bench for deciding the matter on facts. We hold that both the O.As are liable to be allowed and the same are accordingly allowed."
15. Further, this Tribunal noted in the O.A 407/2020, that the above 13 finding of the Full Bench had been confirmed later by the Hon'ble High Court in OP(CAT) No.142/2014 which, in turn, was confirmed by the Hon'ble Supreme Court in SLP(CC) No.23053/2016 on 26.07.2019. In light of these orders and judgments, this Tribunal cannot be seen taking decision to the contrary as the matter was fully examined in the light of the DoP&T's OM dated 13.11.2009 and the said conclusion was arrived at on that basis. This is notwithstanding the fact that the scale of pay of Junior Hindi Translators in the CSOLS, Railway Board, AFHQ or other organisations/subordinate offices appears as being fixed at Level-6 of the 7 th Pay Commission Pay Matrix (35400-112400/-), corresponding to the pre- revised 6th Pay Commission Pay Band - II of Rs.9300-34800/- with Grade Pay of Rs.4200/-.
16. Accordingly, the reliefs sought in the present O.A are allowed. The financial upgradation under the MACPS, etc., should also be granted to the applicant from 29.10.2013, with the consequential benefits including arrears of pay and allowances. Further, arrears due to her based on the revision of pay scale to Rs.5500-175-9000/- from 11.02.2003 and the corresponding revised pay band & grade pay as indicated earlier should also be worked out. The respondent authorities are directed to ensure the release of arrears to the applicant within a period of two months from the date of receipt of a copy of this order. We are making no order as to costs.
(Dated this the 1st day of August, 2023)
K. V. Eapen Justice Sunil Thomas
(Administrative Member) (Judicial Member)
bp
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List of Annexures
Annexure A1- A true copy of the appointment order No.5-Est(166)/03661 dated
19.07.2001.
Annexure A2- A true copy of pay fixation statement dated 16.09.2008 issued from
the office of the 4 respondent.
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Annexure A3- A true copy of the order of appointment No.AO-B-A/161/2012
dated 06.08.2012 issued by the 5th respondent.
Annexure A4- A true copy of the order No.13.06.2002-Ol (Service) upgrading pay
scale of Junior Hindi Translator dated 02.04.2004.
Annexure A5- A true copy of the office order No.VSSC/EST/F/25 dated 01.08.2016.
Annexure A6- A true copy of the representation dated 15.06.2016 submitted by the applicant to the 4th respondent.
Annexure A7- A true copy of the letter No.5-Est(166)/2853 dated 30.08.2016 issued by the 4th respondent to 3rd respondent.
Annexure A8- A true copy of the letter No.3-Est(59)/A/1742 dated 26.05.2017 issued by the 4th respondent to 3rd respondent.
Annexure A9- A true copy of the letter No.3-Est(59)/A/1742 dated 26.05.2017 received by the applicant from the 4th respondent.
Annexure A10- A true copy of the letter No.5-Est(166)/4223 dated 03.08.2017 issued by the 4 respondent to 3rd respondent.
th Annexure A11- A true copy of the letter No.16/14/2017-O.L.(S) dated 21.03.2018 issued by the 1 respondent to the 4th respondent.
st Annexure A12- A true copy of the letter F.No.5-Est(166)/Vol.II/12794-1 dated 06.04.2018 of the 4 respondent to the 5th respondent.
th Annexure A13- A true copy of the order dated 12.11.2013 in O.A No.4655/2011 passed by the Principal Bench of the Central Administrative Tribunal. Annexure A14- A true copy of the order dated 14.10.2013 in O.A No.656/2012 passed by this Tribunal.
Annexure A15- A true copy of the order dated 02.08.2012 in O.A No.2120/2005 of the Mumbai Bench of this Tribunal.
Annexure A16- A true copy of the judgment dated 25.07.2013 of the Hon'ble Supreme Court in SLP(C) No.17419/2009.
Annexure A17- A true copy of the order in O.A No.4655/2011 of the Principal Bench of this Tribunal.
Annexure R5(a)- A copy of the offer of Appointment No.VSSC/RMT/9.0/256/1162/2010 dated 04.07.2012 for the post of Junior Hindi Translator.
Annexure R5(b)- True copy of the Departmental Order No.5-Est(166)/Vol.II/12827 dated 05.05.2015.
Annexure R5(c)- True copy of the Office Order No.VSSC/EST/C/PGA/10998 dated 25.09.2018.
Annexure R5(d)- True copy of OM No.AB-14017/46/2011-Estt(RR) dated 19.09.2013.
Annexure R5(e)- True copy of the OM No.HQ:ADMN:A.20(2) dated 04.08.2014.
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