Central Administrative Tribunal - Ernakulam
Abraham Mathew vs M/O Defence on 18 February, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00739/2017
Tuesday this the 18th day of February 2025
CO RAM:
HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
Sri.Abraham Mathew,
MES/369080,
Master Craftsman (Fitter General Mechanic),
O/o.the Garrison Engineer, E/M (Army),
Pangode, Military Engineer Services,
Thirumala (P.O.), Trivandrum - 695 006. ...Applicant
(By Advocates Mr.P.K.Madhusoodanan & Mr.Binoy Krishna.P.M)
versus
1. The Commander Works Engineer (NW),
Military Engineer Services,
Naval Base (P.O.), Kataribagh,
Kochi - 682 004.
2. The Garrison Engineer (Army),
Military Engineer Services,
Thirumala (P.O.), Trivandrum - 695 006.
3. Chief Engineer,
Head Quarters, Southern Command,
Pune - 411 001.
4. Union of India represented by its Secretary,
Ministry of Defence, South Block,
New Delhi - 110 011. ...Respondents
(By Advocate Mr.N.Anilkumar, Sr.PCGC)
A S PEETHAMBARAN 2025.02.18 16:59:55+05'30'
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This application having been heard on 3 rd February, 2025 the
Tribunal on 18th February 2025 delivered the following :
ORDER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER The facts are briefly summarized as under :
The applicant was appointed as Artisan Staff in the Technical and Mechanical Wing on 27.08.1979 in the scale of pay of Rs.210-290. The same was upgraded to the scale of pay of Rs.260-400 with effect from 16.10.1981. The said post was redesignated as Water Pump Attendant in 1991 and further redesignated as Fitter General Mechanic in 1994. The 1st ACP was granted to the applicant in 09.08.1999 in the scale of pay of Rs.4000-6000, the 2nd ACP was granted to the applicant in 27.08.2003 in the scale of pay of Rs.5000-8000 and the 3 rd MACP was granted to the applicant in 27.09.2009 in the scale of pay of Rs.9300-34800 with Grade Pay Rs.4600/-. In August, 2014 the applicant discovered that two of his juniors working in MES, Trivandrum were drawing higher pay and allowances than him and, therefore, filed Annexure A-1 representation dated 28.08.2014 for stepping up of his pay. During August, 2014 it came to the notice of the applicant that Shri.K.S.Sreekumar, MES/189030 and Shri.K.R.Rajan, MES/192739 who joined service of A S PEETHAMBARAN 2025.02.18 16:59:55+05'30' -3- the MES in the very same cadre of Artisan Staff in the Industrial Establishment in the unit Electrical/Mechanical in the category of Electrician in pay scale Rs.260-400 on 29.11.1982 and 15.02.1984 respectively got ACT and MACP only later than him in the unit of Electrical/Mechanical were granted and drawing more pay and allowances than his pay. The difference in pay has been tabulated, a copy of which has been produced as Annexure A-3, is given below :
MES-369080 MES-192739 MES-189030 Remarks Shri.Abraham Mathew, Shri.K.R.Rajan, MCM Shri.K.S.Sreekumar, MCM (FGM) (Elect) MCM (Elect) D/appt : 27th Aug.1979 D/Appt : 15th Feb.1984 D/Appt : 29th Nov.1982 Pay as per Appt : 210-4- Pay as per appt : 260-6- 260-6-290-EB-6-326-8- 226-EB-4-250-EB-5- 290-EB-6-226-8-366- 366-EB-8-390-10-400.
290. Pay refixed : 260- EB-8-390-10-400.
6-290-EB-6-320-8-366- EB-8-390-10-400.
RPR-1986 : Pay fixed Promotion HS-I : Pay RPR 1986 : Pay fixed Rs.1050 wef 01 fixed Rs.1440 wef 10 Rs.1030 wef 01 Jan.1986 with DNI Apr.1992 with DNI 01 Nov.1986 in pay scale Oct.1986 in the pay Apr.1993 in the scale of 950-20-1150-EB-25- scale 950-20-1150-EB- pay 1560-EB-40-2040. 1500 and (again fixed 25-1500. 1200-30-1440-EB-30- 1800) pay fixation PTO Not available in the folder III.
RPR-1996 : Pay fixed RPR 1996 : Pay RPR 1996 : Pay fixed for Rs.3950 wef 01 fixation not held in the Rs.1470 wef 01 Jan.1996 with DNI 01 folder III. Jan.1996 with DNI 01 Oct.1996 in the pay Sept.1996 in pay scale scale 3050-75-3950-80- 4000-100-5000.
4590.
A S PEETHAMBARAN 2025.02.18 16:59:55+05'30' -4- 1st ACP : Pay fixed in RPR 2008 : Pay fixed 2nd ACP : Pay fixed the scale of pay 4000- for Rs.11160 + GP Rs.5600 wef 29 100-6000 wef 09 Rs.4200/- wef 01 Nov.2006 to 31 Aug.1999 Jan.2006 in the pay Aug.2007 and pay band 9300-34800. refixed for Rs.5800 wef 01 Sept.2007 in the pay scale 5000-150-8000.
2nd ACP : Pay fixed in Redesignated as Elect RPR 2008 : Pay fixed the scale of pay 5000- (MCM) wef 01 10230 wef 01 Jan.2006 150-8000 wef 27 Jan.2006 pay scale of + GP 2400 in the pay Aug.2003 Rs.9300-34800. band 5200-20200 and pay refixed for 2nd ACP of Rs.11000 + GP 4200 wef 29 Nov.2006 in the pay band 9300-34800.
RPR 2008 : Pay fixed The individual reported MCM wef 20 May for Rs.9860 in the pay from GE (Noth) Pune 2003 : Pay fixed 10610 band 9300-34800 wef wef 14 Jun.2014. + GP 4200 wef 01 01 Jan.2006 with DNI Jan.2006 with DNI 01 01 Jul.2006. Jul.2006 in the scale of pay 9300-34800.
3rd MACP : Pay fixed Now the individual Now the individual for Rs.12130 + GP drawing Rs.15870/- drawing Pay 15170 + Rs.4600/- wef 27 plus GP Rs.4200/- in GP 4200 (after granting Aug.2009 with DNI 01 the pay band 9300- increment during they Jul.2010. 34800 (after granting year 2014).
increment during the year 2014).
Now the individual drawing pay Rs.14820 + GP Rs.4600 (after granting increment during the year 2014)
2. The above said juniors had not been granted any additional increments on merit or any award or reward and not drawn higher pay than the applicant on merit in the lower posts. In the lower posts the applicant was drawing higher pay than the above said juniors. It is A S PEETHAMBARAN 2025.02.18 16:59:55+05'30' -5- submitted that the applicant was appointed on 27.08.1979 while holding the post of Fitter General Mechanic (SK) in scale of Rs.3050-4590/- was granted first ACP in scale Rs.4000-6000/- with effect from 09.08.1999, 2nd ACP in scale of pay of Rs.5000-8000/- with effect from 27.08.2003 and 3rd MACP in GP Rs.4600/- in Pay Band Rs.9300-34800/- with effect from 27.08.2009. He was promoted as MCM (FGM) with effect from 01.09.2008 in GP Rs.4600/-. Shri.K.S.Sreekumar initially appointed on 29.11.1982 as Wireman, granted upgradation with effect from 02.09.1986 in scale Rs.1200-1800, 2nd ACP with effect from 29.11.2006 and MCM (Electrician) in GP Rs.4200/- even now working in the lower GP of Rs.4200/-. Likewise Shri.K.R.Rajan appointed on 15.02.1984 as Switch Board Attender are now working as MCM (Electrician) in GP Rs.4200/-. Both are very much junior in service than the applicant in the common cadre of skilled Artisan staff, in the very same unit, in the very same Industrial Establishment as Industrial personnel. The pre-revised scale of GP Rs.4600/- is Rs.7450-11500/-. As on 01.01.2006 the applicant was drawing GP Rs.4200/- whereas Shri.K.S.Sreekumar was drawning GP Rs.2400/- in Pay Band Rs.5200-20200 and only on grant of 2 nd ACP he was placed in Pay Band Rs.9300-34800 with effect from 29.11.2006 whereas Shri.K.R.Rajan was in Pay Band Rs.5200-20200 with GP Rs.2800/- as on 01.01.2006 and both were placed on revision of pay by A S PEETHAMBARAN 2025.02.18 16:59:55+05'30' -6- RPR 2006 in Pay Band Rs.9300-34800 with GP Rs.4200/- with effect from 01.01.2006 and both of them are even now in the same Pay Band and GP.
3. It is argued that the applicant happened to draw less pay than their juniors due to erroneous fixation of his pay on implementation of 6 th CPC. Aggrieved by this applicant has submitted a representation requesting to step up his pay with his admitted juniors in service and refix his pay accordingly with all attendant monetary benefits arising therefrom, which was forwarded with a recommendation from his superior. This representation was rejected by a speaking order, a copy of which is produced at Annexure A-6 wherein it was stated that there was no grounds to consider the case for stepping up of pay at par with the juniors since he had become FGM (SK) with effect from 16.07.1994 and his seniority in the cadre was reckoned only from that date onwards and also that the other two juniors are from different cadre whose pay was higher than his since the promotion scope and availability of vacancy vary in each cadre and line of promotion was vastly different, the two cadres are not comparable. Therefore, the applicant was not eligible for pay fixation. However, it is seen from the tabular statement produced that the applicant was appointed on an exactly same pay scale as the two A S PEETHAMBARAN 2025.02.18 16:59:55+05'30' -7- juniors with whom he has sought stepping up of pay on exactly the same pay scale and they were recruited admittedly on a later date than that of the applicant. It is very categorically admitted that what happened in 1994 was a redesignation and a redesignation is neither recruitment nor promotion and therefore cannot be a point from which the seniority can be determined for any reasons whatsoever.
4. While categorically appreciating the above the following points also need to be kept in mind for arriving at a conclusion. At the point of time the applicant was placed on exact same pay scale as his two juniors with whom he needs stepping up. That is an admitted fact and as on 01.01.1986 all three were drawing same scale in different base in the scale of Rs.950-1150-1500. Shri.Abraham Mathew draw Rs.1050/-, shri.K.S.Sreekumar draw Rs.1030/- and Shri.K.R.Rajan draw Rs.1050/- as on 01.01.1986. Shri.K.S.Sreekumar was appointed as Wireman on 29.11.1982 and subsequently passed trade test for SK in 1985. His post was redesignated as Electrical (SK) in 1987. On 02.09.1986 he was granted an upgradation and his pay was fixed at Rs.1200/- on 02.09.1986 in the scale of Rs.1200-3-144-EB-30-1800. Similarly, Shri.K.R.Rajan, MCM (Elect) was appointed as Switch Board Attendant on 15.02.1986 and was granted an upgradation in position as Switch Board Attendant A S PEETHAMBARAN 2025.02.18 16:59:55+05'30' -8- with effect from 15.02.1986 and accordingly his pay was fixed at Rs.1200/- with effect from 15.02.1986 in the scale of Rs.1200-3-144-EB- 30-1800. Subsequently, he was also promoted from HS-II to HS-I and his pay fixed at Rs.1440/- with effect from 20.04.1992 in the scale of Rs.1320-30-1560-EB-40-2040. The applicant, however, continued to be on the same scale of pay of Rs.950-1150-1500 because he was redesignated as FGM (SK) with effect from 1994 vide GoI MoD letter referred to above and he had not passed the trade test prior to that date. Therefore, his seniority in SK cadre can be counted from the date of his redesignation ie., on 1994 only. Similarly, it is also pointed out that the individuals of other cadre which cannot be compared to his cadre as the promotion scope and availability of vacancy vary in each cadre and line of promotion was different in MES. Similarly there was a variation in the pay under subsequent Revised Pay Rules 1996 wherein the pay of the applicant, MCM (FGM) was fixed at Rs.3950/- with effect from 01.01.1996 in the scale of pay Rs.3050-75-3950-80-4950, the pay of Shri.K.S.Sreekumar, MCM (Elect) was fixed at Rs.4500/- with effect from 01.01.1996 in the scale of Rs.4000-100-6000 and pay of Shri.K.R.Rajan was fixed at Rs.4700/- in the scale of Rs.4000-100-6000. Subsequently in the Revised Pay Rules of 2006 also there was a variation in the pay wherein the pay of the applicant was fixed at Rs.9860/- with A S PEETHAMBARAN 2025.02.18 16:59:55+05'30' -9- effect from 01.01.2006 with Grade Pay Rs.4200/- in the scale of pay Rs.9300-34800, the pay of Shri.K.S.Sreekumar, MCM (Elect) was fixed at Rs.10230/- with Grade Pay Rs.2400/- with effect from 01.01.2006 in the scale of Rs.5200-20200 and pay of Shri.K.R.Rajan was fixed at Rs.11160/- with Grade Pay Rs.4200/- with effect from 01.01.2006 in the pay band Rs.9300-34800.
5. Cadre restructuring of artisan staff in respect of industrial persons was carried out with effect from 01.01.2006 consequent to which Shri.K.S.Sreekumar, MCM (Elect) was benefitted as his Grade Pay was Rs.2400/- as on 01.01.2006, hence his pay was increased from Rs.10230/- to Rs.10610/- with Grade Pay Rs.4200/- in the scale of pay Rs.9300-34800 with effect from 01.01.2006 under cadre restructuring of artisan staff. The applicant, MCM (FGM) and Shri.K.R.Rajan, MCM (Elect), however, did not benefitted as they were already drawing Grade Pay Rs.4200/- as on that date. Since the applicant had not passed the skill test he became MCM (FGM) (SK) on redesignation with effect from 06.07.1994 and therefore his seniority the skilled cadre would be counted only from the date of redesignation. The applicant was promoted to MCM with effect from 01.09.2008 whereas Shri.K.S.Sreekumar and Shri.K.R.Rajan got promoted to MCM on 01.11.2002. Consequently, the A S PEETHAMBARAN 2025.02.18 16:59:55+05'30' -10- claim for stepping up of pay on the ground that his juniors were drawing a higher pay cannot hold water since there has been such distinct variation in the career path subsequent to the date of recruitment.
6. In view of the above, the O.A fails and accordingly the same is dismissed. No order as to costs.
(Dated this the 18th day of February, 2025)
V.RAMA MATHEW JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
A S PEETHAMBARAN 2025.02.18 16:59:55+05'30' -11- List of Annexures in O.A.No.180/00739/2017
1. Annexure A-1 - A copy of the representation dated 28.08.2014 submitted by the applicant before the 1 st respondent with copy to the 3 rd respondent.
2. Annexure A-2 - A copy of the O.M dated 04.10.2012 referred to in Annexure A-1.
3. Annexure A-3 - A copy of the letter dated 08.10.2014 along with Appendix 'A'.
4. Annexure A-4 - A copy of the letter dated 28.11.2014 along with pay fixation proforma, Draft.
5. Annexure A-5 - A copy of the final order dated 15.11.2016 in O.A.No.180/221/2015 on the file of this Hon'ble Tribunal.
6. Annexure A-6 - A copy of the Order No.10453/180- 221/2015/80/LC dated 22.04.2017 of the 1 st respondent.
7. Annexure R-1 - A copy of the correspondence with various units under the 3rd respondent.
8. Annexure R-2 - A copy of the comparative statement.
9. Annexure R-3 - A copy of the receipt obtained from the applicant.
10. Annexure R-4 - A copy of the letter No.136755/AM/76/LC dated 06.04.2017.
11. Annexure R-5 - A copy of the speaking order dated 22.04.2017.
12. Annexure R-6 - A copy of the allocation of duties in respect of Electrician and Fitter General Mechanic (FGM).
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