Central Administrative Tribunal - Ernakulam
J. Leelamma vs Union Of India Represented By Secretary ... on 22 March, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No. 1103 of 2011
Friday, this the 22nd day of March, 2013
CORAM:
Hon'ble Mr. Justice P.R. Raman, Judicial Member
Hon'ble Dr. K.B.S. Rajan, Judicial Member
Hon'ble Mr. K. George Joseph, Administrative Member
1. J. Leelamma, D/o Sri Damodaran Pillai, aged 59 years, Assistant
Accounts Officer, LA Cell (HBA), O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at T.C 20/1601, E 64, Sastri
Nagar, Karamana, Thiruvananthapuram.
2. P. Ramakrishnan, S/o Late P. Madhavan Nair, aged 53 years, Assistant
Accounts Officer, PF 10, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Thrissur Branch- 680020, residing at TMC
I 1833, Nandanam, 9th A cross, Udaya Nagar, Ayyanthole P.O,
Thrissur-680003.
3. N.P. Bhaskaran, S/o N.P. Sankunni, aged 51 years, Assistant Accounts
Officer, PF 25, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Thrissur Branch- 680020, residing at
Naduparambil House, Koonathara P.O, Kavalappara via, Palakkad-
679523.
4. S. Gopalakrishnan, S/o R. Sreedharan Nair, aged 49 years, Assistant
Accounts Officer, PF 36, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at Prayag, VP X/990, Kodunganoor,
Trivandrum-12.
5. B. Sarojini Amma, D/o Late N. Padmanabha Pillai, aged 59 years,
Assistant Accounts Officer, Pension-4, O/o the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at TC 29/996, Karthika,
Palkulangara, Pettah P.O, Trivandrum-695024.
6. P. Sivaramakrishnan, S/o S. Padmanabha Iyer, aged 55 years, Assistant
Accounts Officer, P3, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at TC 23/680, Valiachalai Street,
Thiruvananthapuram-695036.
7. A. Ushakumari, D/o N. Velayudhan Nair, aged 55 years, Assistant
Accounts Officer, LA2, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at Sreedevi, Kundamonbhagom Peyad
P.O, Thiruvananthapuram-695573.
8. C.C. Sebastian, S/o C.P. Chacko, aged 53 years, Assistant Accounts
Officer, OE, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Thrissur Branch- 680020, residing at
Chandy House, 17/646, Diabetic Centre Road, Unity Nagar,
Irinjalakuda, Thrissur-680121.
9. K.N. Krishnan Potty, S/o N. Narayanaru, aged 52 years, Assistant
Accounts Officer, PAO I Section, O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at TC 50/1044 SKRA I,
Ramnavami, Thaliyal Karamana P.O, Thiruvananthapuram-695002.
10. P. Anil Kumar, S/o Late P. Sankara Warrier, aged 52 years, Assistant
Accounts Officer, EDPPF, O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram at the Kozhikode Branch, residing at
Souparnika, Near Katcherikunnu LP School, P.O Pokkunnu,
Kozhikode-673013.
11. T. Sureshkumar, S/o A. Thanumalayan, aged 49 years, Assistant
Accounts Officer, pAO-02, O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at 33A/18 Sowbhagya, Sakthi
Garden, V.N. Colony, Irullappapuram, Nagercoil-629002.
12. R.Remadevi, D/o C. Radhakrishnan Nair, aged 48 years, Assistant
Accounts Officer, OE(Bills), O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at Shivapriya, VRABTO,
Vanchiyoor, Thiruvananthapuram.
13. K. Premarajan, S/o A. Kunhiraman Nambiar, aged 50 years, Assistant
Accounts Officer, PF-19, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Kozhikode Branch, residing at Harmony,
Breeze villas, Karaparambu P.O, Kozhikode.
14. C.S. Bharathan, S/o Late C.R. Subrama Iyer, aged 53 years, Assistant
Accounts Officer, WAC I section, O/o the Accountant General
(A&E), Kerala, Thiruvananthapuram at the Thrissur branch, residing at
flat No. IE, Ramalayam Phase II, Ramavarma Lane, Chittoor Road,
Kochi.
15. K.L. Sherly, D/o V. Unnikrishnan Nair, aged 52 years, Assistant
Accounts Officer, Legal Cell, O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at Kausthubham, T.C Y/930-1,
Maruthankuzhy, Kanjirampara P.O, Thiruvananthapuram-695030.
16. A. Nandakumaran, S/o P. Raman Nair, aged 49 years, Assistant
Accounts Officer, GE 31, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Thrissur Branch, residing at Ambat House,
Post Arimbur, Thrissur-680620.
17. S. Sasidharan, S/o Late P.V. Sreedhara Warrier, aged 49 years,
Assistant Accounts Officer, PF 34, O/o the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Medha, II/94-A,
Ranganathanandaji Road, Thrikkur P.O, Thrissur-680314.
18. V. Seetharaman, S. Vaidyanatha Iyer, aged 48 years, Assistant
Accounts Officer, GE 15, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at TC 50/478(4), Kaldy Karamana P.O-
Thiruvananthapuram -695002.
19. A. Venkitachalam, S/o Late K.V. Ananthanarayanan, aged 59 years,
Assistant Accounts Officer, O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at Gokulam, SRWA-8,
Snehapuri, Karumom P.O, Thiruvananthapuram.
20. B. Sreekumari Amma, D/o Late N. Padmanabha Pillai, aged 56 years,
Assistant Accounts Officer, Deposit, O/o the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at TC 28/2657, Sabri,
KRA-A-48, Thodiyil Lane, Chettikulangara, Thiruvananthapuram-
695001.
21. C. Sasidharan Nair, S/o P.K. Chandrasekharan Nair, aged 54 years,
Assistant Accounts Officer, DAE-6, O/o the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Thayyil House,
Vattappara, Thiruvananthapuram-28.
22. R. Lathanath, D/o Late N.Ravindranath, aged 52 years, Assistant
Accounts Officer, GE 06, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at Aanjaneya, KRA/D-20, Attara Lane,
Kannammoola, Thiruvananthapuram.
23. B. Santhakumari, D/o N.K. Raman Nair, aged 57 years, Assistant
Accounts Officer, PF 46, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Ernakulam Branch, residing at Bharathy
Bhavan, Karingamthuruth, Kongorppilly P.O, Aluva, Ernakulam
District.
24. P. Narayanankutty, S/o Late T. Kuttykrishnan Nair, aged 54 years,
Assistant Accounts Officer, GE 28, O/o the Accountant General
(A&E), Kerala, Thiruvananthapuram at the Thrissur Branch-680020,
residing at Quarter No. J4, AG's Office Staff Quarters, Pullazhy P.O,
Thrissur-680012.
25. A. Swarnam, D/o Late K.K. Chandu Nambiar, aged 51 years, Assistant
Accounts Officer, PF 30, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at CRA- G 21, Pranavam, Charachira,
Kowdiar P.O, Thiruvananthapuram-3.
26. Geethadevi G.S, D/o K. Gopinathan Pillai, aged 51 years, Assistant
Accounts Officer, GE 36, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at Ampadi, Vencode P.O, Vattappara,
Thiruvananthapuram.
27. N. Jacob Francis, S/o Late N.V. Francis, aged 51 years, Assistant
Accounts Officer, PF-24, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Kozhikode Branch, residing at 31/870 C
(16/1008), Nellissery, Post Mayanad, Calicut-673008.
28 Pradeep Thomas Jacob, S/o M.J. Thomas, aged 52 years, Assistant
Accounts Officer, GE 15, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Kozhikode Branch, residing at 4/222,
Crowlands, Joseph Road, Calicut-32.
29. P.C Biju, S/o P.N. Chummar, aged 47 years, Assistant Accounts
Officer, LBA IV, O/o the Accountant General (Audit), Kerala,
Thiruvananthapuram, residing at 7/B2, B3 Block, Penta Queen
Apartment, Padivattom, Edappally P.O, Kochi-24.
30. A. Thomas Varghese, S/o Late Varkey Kurien, aged 51 years,
Assistant Accounts Officer, PF-44, O/o the Accountant General
(A&E), Kerala, Thiruvananthapuram at the Ernakulam Branch,
residing at Arackal House, Kairali Nagar, House No.7, Kusumagiri
P.O, Kakkanad, Kochi-30, Ernakulam.
31. K.P. Santhi, D/o K.P. Sarada, aged 49 years, Assistant Accounts
Officer, WAC 4, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Thrissur Branch, residing at Thushara, TC
VII/1195, kunduvara, Chembukavu, Thrissur.
32. M.S. Sreekala, D/o Late P. Madhavan Pillai, aged 46 years, Assistant
Accounts Officer, GE 1, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at TC 25/3358(2), CRRA-151 A,
Chirakulam Road, Thiruvananthapuram-695001.
33. John Kuruvila, S/o K.J. Kuruvila, aged 49 years, Assistant Accounts
Officer, GE 3, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at Kochupurackal, Jyothi Nagar-20,
Kesavadasapuram, Thiruvananthapuram-4
34. M. Venkatraman, S/o V. Mahadeva Iyer, aged 47 years, Assistant
Accounts Officer, PF 13, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at TC 5/2058 (C), Mahadeva, PNRA E
51 B, Peroor Nagar, Ambalamukku, Kowdiar P.O,
Thiruvananthapuram-3.
35. T. Sreevalsan, S/o Late V. Padmanabhan Nair, aged 49 years, Assistant
Accounts Officer, IAD (C), O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram at the Kozhikode Branch, residing at
Sreegeetham, Breez Villas, Karaparambu, Kozhikode-673010.
36. A.P. Sureshkumar, S/o Late A. Padmanabha Pillai, aged 46 years,
Assistant Accounts Officer, GE 01, O/o the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Naveenam, TC
6/74(3), MVRA-A-43, Panditji Lane, Vattiyoorkavu, Trivandrum-
695013.
37. K.R. Sreekumar, S/o Raghavan Nair, aged 48 years, Assistant
Accounts Officer, PF 46, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Ernakulam Branch, residing at Karavat
House, Kuttamassery, Thottumugham P.O, Aluva-683105.
38. K.P. Aravindakshan, S/o V. Balasundaram, aged 50 years, Assistant
Accounts Officer, PAO 1, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at TC 2/1943(5), Diamond Enclave,
Gowreesapattom, Pattom P.O, Thiruvananthapuram-695004.
39. N. Kalalekshmi, S/o P.R. Narayanan Nair, aged 51 years, Assistant
Accounts Officer, OE(E&C), O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at TC 10/1866 (1), Krishnendu,
IAS Colony, Vattiyoorkavu, Trivandrum.
40. S. Chandramathy Amma, D/o E. vasudevan Pillai, aged 54 years,
Assistant Accounts Officer, PF, O/o the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at Panayil Veedu, Chencherry,
Madathuvilakom P.O, Mannanthala
41. K. Bhagavathy Ammal, D/o Krishna illai, aged 58 years, Assistant
Accounts Officer, P 20, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at Pranavam, TC 6/1570(1), Dr Pinto
Lane, Thuruvaikal P.O, Ulloor, Thiruvananthapuram-695031.
42. M.M. Jose, S/o Mathai, aged 55 years, Assistant Accounts Officer, OE
(Bills), O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at CRA-110, Murinjapalam, Pattom
P.O, Thiruvananthapuram-695004.
43. C. Anil Chandran, S/o C.V. Chandrasekharan, aged 51 years, Assistant
Accounts Officer, O/o the Accountant General (A&E), Kerala
Thiruvananthapuram at the Kozhikode Branch now on deputation to
Guruvayoor Devaswom, Guruvayoor, residing at Chandrodayam, Post
Mele Pattambi, Palakkad-679306.
44. P.T. Rajalakshmi, D/o Late M.C. Kumaran Nair, aged 54 years,
Assistant Accounts Officer, PF 33, O/o the Accountant General
(A&E), Kerala, Thiruvananthapuram at the Kozhikode Branch,
residing at 30/1170, Kausthubham P.O, Medical College, Calicut
673008.
45. R. Ushakumari, D/o Late K. Raman Nair, aged 49 years, Assistant
Accounts Officer, PF 23, O/o the Accountant General (A&E), Kerala,
Thiruvananthapuram at the Kozhikode Branch, residing at 13/1856,
Dhanyatha, A.R. Camp Road, P.O Marikkunnu, Kozhikode 12.
46. Sunderraj. T.S, S/o Sreedharan T.K, aged 49 years, Assistant Accounts
Officer, General (K) Section, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram at Branch Office, Kottayam, residing at
Santhi Bhavan, Thrikkunnapuzha P.O, Alappuzha District.
47. M.S. Radhakrishnan, S/o P. Madhavanpillai, aged 50 years, Assistant
Accounts Officer, PAO I, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at Thekkekappil House, TC
II/739, Chalakuzhy Lane, Medical College P.O, Thiruvananthapuram-
695011.
48. Johny Varghese, S/o K.J Varghese, aged 51 years, Assistant Accounts
Officer, DAE-2, Office of the Accountant General (A&E) Kerala,
Thiruvananthapuram at Branch Office, Ernakulam, residing at Konattu
House, Kusumagiri P.O, Kochi-30.
49. C. Vijayakumari, D/o Late V. Kunjukrishnapillai, aged 52 years,
Assistant Accounts Officer, PF 18, Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Vipanchika, ANRA
C-28, Janasakthinagar, Pongumoodu, Trivandrum-11.
50. S. Ajithakumari, D/o Late K.M. Krishnan Nair, aged 51 years,
Assistant Accounts Officer, PF 21, Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Salima, TC 49/1067
(2), Karthikanagar, Manacaud P.O, Thiruvananthapuram.
51. Thomas K. Prakash, S/o Thomman Thomas, aged 49 years, Assistant
Accounts Officer, PF-7, Office of the Accountant General (A&E),
Kerala, at Branch Office Ernakulam, residing at Arunima,
Kochukavala, Vaikom, Kottayam.
52. G. Gopakumar, S/o N. Gopalakrishnan Nair, aged 49 years, Assistant
Accounts Officer, OE (E&C), Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Neerajam, Rank 43,
Nambavankavu, Kodunganoor P.O, Vattiyoorkavu,
Thiruvananthapuram-695 013.
53. Abdul Razack M.T, S/o Late Abdurahiman M.T, aged 48 years,
Assistant Accounts Officer, PF 19, Office of the Accountant General
(A&E), Thiruvananthapuram at Branch Kozhikode, residing at
Meletheruvath House, Punnassery P.O, Narikkuni (via), Kozhikode.
54. Dinesh Kumar Kunnath, S/o K.T. Sankaran, aged 50 years, Assistant
Accounts Officer, DA & E (C) 4, Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram at Branch Kozhikode, residing at
Rachana, B.C. Road, P.O. Beypore, Calicut-673015.
55. G. Sankaran Nair, S/o Late K. Gopakumaran Nair, aged 49 years,
Assistant Accounts Officer, Legal Cell, Office of the Accountant
General (A&E), Kerala, Thiruvananthapuram, residing at AN 75 A,
Adarsh Nagar, T.P. Road, Pattom, Thiruvananthapuram-695004.
56. K.R. Krishnakumar, S/o Late C. Ramavarma, aged 48 years, Assistant
Accounts Officer, I.A.D, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at TC 3/483(1), Swathi,
Kallaramoola, Muttada P.O, Trivandrum-695025.
57. Sheeba Francis, D/o T.J. Francis, aged 44 years, Assistant Accounts
Officer, Book I, Office of the Accountant General (A&E) Kerala,
Thiruvananthapuram, residing at Antoin, TC/2/1314, VL-61, Vikas
Lane, Thiruvananthapuram.
58. Latha K. Warrior, D/o Late E.K. Warrier, aged 50 years, Assistant
Accounts Officer, GE 28, Office of the Accountant General (A&E)
Kerala, Thiruvananthapuram, at Branch Thrissur, residing at `Krishna',
House No. TC 6/2832, Warriem, Kurappath Lane, Thrissur-680020.
59. K.K. Sivadasan, S/o Late E.V. Narayana Kurup, aged 48 years,
Assistant Accounts Officer, PF 27, Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram at Branch Kozhikode, residing at
Kripa, Nitumbrom, Chokli P.O, Thalassery-670672.
60. K.P. Udayakumar, S/o K.P Krishnan, aged 50 years, Assistant
Accounts Officer, A.G. Secretariat, Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Arakkode House,
CGRA-14, City Gardens, Kizhakkathil Junction, Anayara,
Thiruvananthapuram.
61. K.P. Syamkumar, S/o P. Radhakrishnan, aged 48 years, Assistant
Accounts Officer, EDP, Office of the Accountant General (A&E),
Kerala,Thiruvananthapuram at Branch Thrissur, residing at 13/57,
Kunnambath Lane, Ayyanthole, Thrissur-680003.
62. Louis K.M, S/o K.V. Mathai, aged 49 years, Assistant Accounts
Officer, General, Office of the Accountant General (A&E), Kerala,
Thiruvananthapuram, residing at MGRA 20, Marappalam Gardens,
Pattom Post, Thiruvananthapuram-4.
63. Lola R, D/o V.S. Ramakrishnan, aged 45 years, DAE(E) 2, Office of
the Accountant General (A&E), Kerala, Thiruvananthapuram at
Branch Ernakulam, residing at Sreevalsam, Temple Road,
Kadavanthra, Kochi-682020.
64. Valsala. M. Menon, D/o Late K. Mukundan Menon, aged 48 years,
Assistant Accounts Officer, GE 28, Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram at Branch Thrissur, residing at
Lavanyam, TC VIII/1228, R.V. Puram P.O, Thrissur-680631.
65. Bridget Thomas, D/o Late J.A. Miranda, aged 50 years, Assistant
Accounts Officer, Pension 5, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at T.C. 27/46, Red Cross Road,
Pattoor, Thiruvananthapuram
66. Aipu K.P, S/o Poulose K.C, aged 51 years, Assistant Accounts Officer,
PF-10, Office of the Accountant General (A&E), Kerala,
Thiruvananthapuram at Branch Thrissur, residing at Kizhakkekudy
House, University Nagar, K.A.U. P.O, PIN 680656.
67. Devakumar. V, S/o. Vamadevan, aged 61 years, Retired Assistant
Accounts Officer, OE (Admn), Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Revathy,
Muttappalam, Perunguzhi P.O, Trivandrum-695305.
68. M. Sudhakaran, S/o Late P.S. Madhavan Nair, aged 60 years, Retired
Assistant Accounts Officer, GE-18, Office of the Accountant General
(A&E),Kerala, Thiruvananthapuram, residing at Nalinam, B-53, TC
7/1759(1), Pangode, Thirumala P.O, Thiruvananthapuram-695006
69. V. Sethumadhavan Nair, S/o N. Velukutty Nair, aged 58 years,
Assistant Accounts Officer, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at Sreepadam, NLRA-118,
Neerazhi Lane, Ulloor, Thiruvananthapuram.
70. N. Santhakumari, D/o Narayana Pillai, aged 56 years, Assistant
Accounts Officer, Book 1, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at Sudarsanam,
Kudappanakkunnu P.O, Thiruvananthapuram.
71. Pradeep Kumar K (No 1), S/o K.P. Kunhiraman Nair, aged 55 years,
Assistant Accounts Officer, WAM, Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram at Branch Thrissur, residing at
Prathibha, Evanoor, Cheroor P.O, Thrissur-680008.
72. Achuthanandan M, S/o C.T.K. Menon, aged 48 years, FAC 1, Office
of the Accountant General (A&E), Kerala, Thiruvananthapuram at
Branch Thrissur, residing at No.85, Renjini, Museum Crosslane,
Chembukavu, Thrissur-680020.
73. K. Krishnan (No.3), S/o Late R. Kesavan, aged 59 years, Assistant
Accounts Officer, IAD, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at House No 67, Vrindavan, Hill
Top Gardens, Karakulam P.O, Thiruvananthapuram
74. M.P. Divakaran, S/o Late K.A. Nair, aged 58 years, Assistant Accounts
Officer, FAC-II, Office of the Accountant General (A&E), Kerala,
Thiruvananthapuram at Branch Thrissur, residing at III/76(B),
Chevoor, Thrissur.
75. K.M. Sobha, D/o M. Narayanan Nair, aged 55 years, Assistant
Accounts Officer, WAC 3, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram at Branch Thrissur, residing at
Shobhanam, Convent Road, Shoranur, Palakkad-679121.
76. P. Lekshmikutty, D/o Krishnan Nair, aged 60 years, Retired Assistant
Accounts Officer, GE-29, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at TC/2/1459, Vaisakh,(CRA
27), Nalanda Lane, Pattom P.O, Thiruvananthapuram.
77. B. Padmavathyamma, D/o Late N. Krishnapillai, aged 58 years,
Assistant Accounts Officer, PF-05, Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Gowrivilasom,
Kudappanakunnu, Thiruvananthapuram- 695043.
78. K.P. Prakash Kumar, S/o Late K. Kumaran, aged 54 years, Assistant
Accounts Officer, Treasury Inspection Party I, Office of the
Accountant General (A&E), Kerala, Thiruvananthapuram at Branch
Kozhikode, residing at Theerthapuram, Tulichery, P.O Civil Station,
Kannur-2.
79. M.D. Syamala, D/o M.K. Damodaran, aged 54 years, Assistant
Accounts Officer, WAC II, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram at Branch Thrissur, residing at
Thaiparambil House, Near Trinity Convent Gate, Kolazhy P.O,
Thrissur-680010.
80. Joy Palayoor, S/o Thomas Palayoor, aged 48 years, Assistant Accounts
Officer, General, Office of the Accountant General (A&E), Kerala,
Thiruvananthapuram, Branch Thrissur, residing at Palayoor House,
Thamarayoor P.O, Guruvayoor, Thrissur-680505.
81. S. Ganeshkumar, S/o Sivasubramonia Pillai, aged 54 years, Assistant
Accounts Officer, IA-I, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuam, residing at 10/49, Anuja Bhavan, Fort,
Eraniel, Kandan Vilai. P.O, Kanyakumari-629810
82. C.V. Malini, D/o V. Achutha Menon, aged 51 years, Assistant
Accounts Officer, PF-34, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, Branch Thrissur, residing at 19/163/7,
Surya Apartments, Poothole, Thrissur-680004.
83. K.M. Muralidharan, S/o T.V. Balakrishnan Nair, aged 50 years,
Assistant Accounts Officer, RRD (Pension), Office of the Accountant
General (A&E), Kerala, Thiruvananthapuram, residing at House No.
52-A, M.G. Nagar, Peroorkada P.O, Thiruvananthapuram.
84. N. Suresh Kumar, S/o Late N. Natesan, aged 52 years, Assistant
Accounts Officer, GE I, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at TC 62/310, Sreenikethan, No
37-A, Sree Nagar Association, Manacaud P.O, Thiruvananthapuram-
695009.
85. Jayakumar K.P, S/o Late G. Parameswaran Pillai, aged 49 years,
Assistant Accounts Officer, LA Cell, Office of the Accountant General
(A&E), Kerala, Thiruvananthapuram, residing at Flat No 313, MF4,
Vrindavan Gardens, Pattom, Thiruvananthapuram.
86. T.V. Krishnan, S/o Late C. Kannan, aged 50 years, Assistant Accounts
Officer, PF 26, Office of the Accountant General (A&E), Kerala,
Thiruvananthapuram, Branch Thrissur, residing at Thaivilappil House,
Kalpaka Gardens, 5th Street, Kolazhy P.O, Thrissur.
87. V. Natarajan, S/o S. Velayudhan Achari, aged 50 years, Assistant
Accounts Officer, GE 14, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, Branch Kottayam, residing at
Rajamandiram, BOC Road, Perumbavoor P.O, Ernakulam.
88. K.R. Sheeba, D/o R. Ramachandran Nair, aged 46 years, Assistant
Accounts Officer, PF-I, Office of the Accountant General (A&E),
Kerala, Thiruvananthapuram, residing at Revathy, DDRA-510, Near
T.V. Centre, Kudappanakunnu P.O, Thiruvananthapuram.
89. P.V. Satheesan, S/o Late K.M. Raman Nambiar, aged 52 years,
Assistant Accounts Officer, DA&E (C) 1, Office of the Accountant
General (A&E), Kerala, Thiruvananthapuram, at Branch Kozhikode,
residing at Panchami, Mundayad P.O, Chovva,
Kannur-670006. ..... Applicants
(By Advocate - Mr. R. Sreeraj)
V e r s u s
1. Union of India represented by Secretary to the Government of India,
Ministry of Personnel, Public Grievances & Pensions, Department of
Personnel & Training, North Block, New Delhi-110001.
2. The Comptroller & Auditor General of India, 9 Deen Dayal
Upadhyaya Marg, New Delhi 110 124.
3. The Principal Accountant General (A&E), Kerala,
Thiruvananthapram-695033. ..... Respondents
[By Advocates - Mr. Varghese P. Thomas, ACGSC (R1) &
Mr. V.V. Asokan (R2&3)]
This application having been heard on 20.3.2013, the Tribunal on
22.03.2013 delivered the following:
O R D E R
By Hon'ble Dr. K.B.S. Rajan, Judicial Member-
This Full Bench has been constituted in view of the fact that there are conflicting decisions of Division Benches of this Tribunal in respect of the legal issue involved in this O.A,
2. Briefly stated, the applicants in this OA are either serving or retired Assistant Accounts Officers (Gazetted Officers) in the Pay Band of Rs 9300
- 34800 with Grade Pay of Rs 4,800 of the Principal Accountant General (A & E) Kerala. They had initially joined the organization as Clerk/Typist in mid 1986. Seniors amongst the applicants were promoted as Accountants and then as Senior Accountants. On their passing the Section Officers Grade Examination they were appointed on ad hoc basis as Section Officers and later promoted as Assistant Accounts Officers. The other officers were also promoted with the only difference that from Section Officers to Asst. Accounts Officers, it was on account of unification of the two posts that they had been designated as Asst. Accounts Officers w.e.f 01-01-2006.
3. In 1999, a scheme called Assured Career Progression Scheme (ACP Scheme for short) was introduced according to which, in order to obviate the financial hardship in not getting promotion for a substantial period, two financial upgradations were permitted, subject to the following twin conditions:-
(a) The first financial upgradation under the ACP Scheme shall be allowed after 12 years of regular service and the second upgradation after 12 years of regular service from the date of first financial upgradation subject to the fulfillment of prescribed conditions.
(b) Such a financial upgradation is available when an employee stagnates in a particular post for more than 12 years (to receive the first financial upgradation) and for the second financial upgradation, he has not got more than one promotion/first financial upgradation for a period of 24 years from the initial entry in to service.
4. In case one promotion has been afforded the individual would be entitled to the second financial upgradation on completion of 24 years of service. The applicants having been promoted from the post of Clerk/Typist to the grade of Asst. Accounts Officers did not have the benefit of the ACP Scheme and there is no quarrel about the same.
5. The above scheme was substituted by yet another scheme called "Modified Assured Career Progression Scheme" (MACP for short) w.e.f. 01-09-2008 and this scheme envisaged three financial upgradations at an interval of ten years each to those who could not be afforded any promotion. As to the question of MACP, the applicants contend that they should be considered for the grant of financial upgradation on the ground that some of their juniors had been granted the said benefit of the Financial Upgradation. However, their claim has not been accepted by the respondents since there is a specific clause 20 which prohibits such financial upgradation on the basis of junior having been afforded the same.
6. The applicants have compared their case with that of a junior Shri R. Chandran to hammer home their point that the said officer had been junior throughout and had been drawing less pay than the applicants as could be seen from Annexure A-2 statement but by virtue of grant of III MACP he had stolen a march over the applicants.
7. Thus, the applicants have challenged the legal validity of the said clause and have prayed for the following:-
"I) To declare that the refusal on the part of the respondents to extend to the applicants, the benefit of the 3rd financial up gradation, on Pay Band 2 with Grade Pay 5400, under the Modified Assured Career Progression Scheme is highly illegal, arbitrary, unjust, unreasonable and irrational and that the same violates Art. 14 & 16 of the Constitution of India.
II) To direct the respondents to extend the benefit of MACP Scheme in favour of the applicants by fixing their Grade Pay at Rs.
5400/- from the date on which the said benefit was extended to their juniors/Senior Accountants and to disburse the accrued arrears, if any, to the applicants within a period to be prescribed by this Hon'ble Tribunal.
III) To declare that Para 20 of Annexure I of Modified Assured Career Progression Scheme is illegal.
IV) Such other relief as may be prayed for and this Tribunal may deem fit to grant.
V) Grant the cost of this Original Application."
8. Respondents 2 and 3 have contested the O.A. According to them, Clause 20 creates a legal bar in granting financial upgradation to the applicants on the ground of junior enjoying the financial upgradation. As regards the case of Chandran, the respondents have stated as under:-
"11. ......................................................................................................... The Applicants have pointed out the anomalous situation of junior getting more pay than the senior i.e. Shri R. Chandran, Assistant Accounts Officer (AAO) who entered service as Clerk/Typist on 12.06.1986 getting more pay than Shri K.M. Louis, AAO who entered service as Clerk/Typist on 07.05.1986. Shri Chandran entered service as Clerk-Typist on 12.06.1986 and promoted as Accountant on 01.01.1992. He was promoted as Senior Officer (Adhoc) with effect from 15.09.2000......................................................................................"
9. Curiously, the first Respondent, i.e. the Department of Personnel, which is the nodal Ministry, has chosen not to file any reply on their behalf.
10. Counsel for the applicants argued that all the facts relating to the applicants' service have all been admitted. The main reason for denial of the benefit of financial upgradation to the applicants is purely on account of the existing clause 20 of the Scheme. He has invited the attention of the Tribunal to a number of decisions of the other Benches, as well as the Apex Court to hammer home his point that in all these cases, the applicants have been granted the benefit.
11. Counsel for the Department of Personnel has submitted that no specific instructions have been received by him and it is the second respondent who had furnished the reply on behalf of all the Respondents.
12. Counsel for the second and third respondents submitted that the applicants are not entitled to the relief prayed for on account of the fact that clause 20 specifically prohibits comparison with juniors in respect of financial upgradation under the MACP Scheme.
13. Arguments were heard and documents perused. First, as to the legal validity of clause 20 of the Scheme. The same reads as under:-
"20. Financial upgradation under the MACPS shall be purely personal to the employees and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employee in the grade has got higher pay/grade pay under the MACPS. "
14. The above provision specifies that the financial upgradation under the MACPS shall be purely ''personal to the employees". The reason is that it is subject to fulfilment of the stipulated conditions of (a) non promotion and
(b) completion of stipulated years of service that the benefit of financial upgradation under the scheme is admissible. If a senior does not fulfill any of/both the conditions, obviously, the benefit under the scheme is not admissible to him. It is for this reason that the scheme stipulates that the financial upgradation has no relevance to the seniority position. Once seniority has no role to play, the question of senior claiming financial upgradation under the scheme at par with junior does not arise. Hence, the legal validity of clause 20 of the Scheme cannot be assailed. Of course, we hasten to add here that the restriction imposed under this clause is only to the extent the claim relates to financial upgradation at par with that granted to juniors under the MACP Scheme. The restriction cannot extend to any other arena, whereby, under any other specific rules or Government of India Decisions, a person not granted the financial upgradation under the MACP Scheme claims parity in pay such as stepping up of pay under FR 22 or otherwise.
15. Irrespective of clause 20, if the scheme of financial upgradation is applied to the facts of the case of the applicants, admittedly, they having already enjoyed three promotions, i.e. from Clerk/Typists to Accountants and then as Senior Accountants and thereafter, as Section Officers/Asst. Accounts Officers, the first condition of non promotion is not fulfilled by them. Thus, there is no scope of they being brought within the fold of the MACP Scheme. To this extent the case is decided against the applicants.
16. However, in the course of the arguments, the counsel for the applicants submitted that though not explicitly reflected in the pleadings, the case of the applicants does get covered under a different provision of the rules, i.e. stepping up of the pay at par with the juniors. He has submitted that various decisions relied upon by him would go to show that in almost all the cases, stepping up of pay at par with the juniors has been allowed. A like order could well be passed in this case as well. If the relief column is not specifically spelt out, this Tribunal has ample powers to mould the relief to render substantial justice to the applicants.
17. For the purpose of appreciating the decisions of various Benches of the Tribunal as also the Apex Court, the claim of the litigating party as also the decision of the Court is tabulated as hereunder:-
DECISIONS RELIED UPON BY THE APPLICANTS Sl Cause Title Claim Relief 1 Commissioner Respondents who had Partly allowed.
and Secy. to the joined service as Group Appellants were to revise Govt. of Haryana D employee, later the pay scales of the & Ors vs Ram promoted to Group C respondents. In case of Sarup Ganda & had been granted second anomaly, if the Ors (CA No. 3250 financial upgradation in employees who on of 2006 (Apex the scale of Rs 4,000 - fixation of ACP scales Court) 6000, while a direct are in receipt of lesser Recruit Group C had salary than their juniors been granted the second in the same cadre/post, financial upgradation of then their salary shall be Rs 5000 - 7850. The stepped up accordingly.
higher pay scale had been claimed by the respondents.
2 S. Prabhu II and Applicants joined as Allowed on the ground 15 ors vs Union Clerks while private that applicants were of India OA No. respondents as unjustly treated inasmuch 966 and S. Accountants. Both of as higher pay scale is Rangarajan and them had attained the given to the private 35 others 967 of post of Senior respondents who are 2009 of the Accountant and the functioning inferior than Madras Bench, applicants later became the applicants and who decided on 29-12- AAOs after qualifying in have not even qualified 2010 the Departmental themselves to be examination. Since the prompoted to the posts private respondents had which were held by the got one promotion less applicants.
than the applicants they
having been directly
recruted to the
promotional post, they
became entitled to the
third MACP though they
did not qualify in the
promotion examination
and hence applicants
also claimed the same.
Sl Cause Title Claim Relief
3 A.N. Pant & Ors Applicants were all Relying upon the
vs Union of India LDCs who were decision in the case of
& Ors (OA No. promoted as Junior Ram Sarup Ganda and
2117 of 2005 of Accountants and then as Others (siupra) of the the Bombay Senior Accountants. Apex Court, OA allowed Bench, decided There were direc Recruit directing the respondents on 28-04-2010)` Junior Accountants also to afford similar in the Dept. While such treatment in the matter direct recruit Junior of grant of pay scale as Accountants were given to the establshed granted the second ACP juniors from the same when such individuals date with all were granted one consequential benefits.
promotion of Senior
Accounts, the same is
denied to the applicants
on the ground that they
had obtained two
promotions. Hence,
parity with the direct
Recruit Junior
Accountant was sought.
4 All India Postal Stepping up of the pay Relying upon the
Accounts of the seniors decision of the
Employees (applicants) at par with Chandigarh Bench of the
Association and the pay of the Juniors Tribunal in OA 156-JK Another (OA No. who, by virtue of having of 2009 (Ashok Kumar 2124 of 2011 of joined as Junior vs UOI and others, the Principal Acccountants direct decided on 19-01-2010, Bench, decised on were afforded the second which decision was not 01-02-2013) financial upgradation interfered with by the Apex Court (by dismissing the SLP filed by the respondents both on ground of delay and on merits vide order dated 02-05-2011 in Cc No. 7278 of 2011), stepping up allowed.
DECISIONS RELIED UPON BY THE RESPONDENTS Sl Cause Title Claim Relief 1 Jernail Singh vs Applicant joined as LDC Claim rejected, on the Union of India, and his third MACP was ground that clause 20 of (OA No. granted by affording him the scheme clearly 1010/CH/2009 grade pay of Rs 4600/-, provides for a bar for dated 26-11-2010 while his junior who had such claim.
of the Chandigarh joined as Auditor (higher
Bench) than LDC) was granted
the third MACP by grant
of Grade pay of Rs
5400/-. Parity had been
claimed.
2 Ram kishan Applicant challenged the Claim rejected In view
Verma vs Govt. notification which of clause 10 Annexure
Of NCT (OA No. excluded counting of past A-1 of the scheme.
1811 of 2011 of services rendered in the the Principal aided school for purpose Bench, decided on of ACP/MACP 11-04-2012 3 N.M. Applicant joined as LDC, Holding that the Rahmathulla vs promoted as UDC and financial upgradations Administrator UT granted 2nd Financial under ACP and MACP of Lakshadweep upgradation under Schemes are purely & Ors ( Order MACP scheme on 01-09- personal to the
dated 12-04-2012 2008, while his erstwhile employee and strictly in OA No. 95 of senior in LDC, who was based on the length of 2011 of the promoted as UDC later regular service, no Ernakulam Bench than the applicant could, stepping up of pay by virtue of his length of would be admissible to a service get the third senior on the ground of MACP with grade pay of his junior getting higher Rs 4,200/-. Claim of the pay on account of applicant is that though financial upgradation junior in the post of under the Scheme.
UDC, the said private respondent had been drawing more pay than the applicant. Stepping up or financial upgradation claimed.
Sl Cause Title Claim Relief
4 Divakaran vs Claim for third MACP, Referring to clause 17
Union of India notwithstanding the fact of the scheme, and
( Order dated 11- that the ACRs reflected holding that fulfillment
01-2013 in OA grading below the of the Benchmark is
No. 1043 of 2010 benchmark prescribed for sine-qua-non for grant of the Ernakulam promotion. of MACP, which the Bench applicant did not possess, the claim rejected.
5 Anil Kumar and Applicants claimed their Held that there is no
others vs Union of first MACP (Grade Pay inconsistency and the
India and others of Rs 2,800) to be at par claim rejected
(Order dated29- with the second ACP
01-2013 in OA granted to yet another
No. 1270 of 2011 individual whose grade
of the Principal pay in the wake of the
Bench) Revised Pay Rules, 2008
worked out to Rs 4,200/-.
Inconsistency in the
scheme contended.
18. Both the sides relied upon certain rules/GOI notifications. Counsel for the applicants relied upon the following orders:-
(i) GOI decision No. 18 underneath FR 22 (Removal of anomaly by stepping up of pay of Senior on promotion drawing less pay than his juniors - Order dated 4th February, 1966.
(ii) Government of India Decision No. 20 underneath FR 22
(iii) Government of India Decision No. 21 underneath FR 22
(iv) Government of India Decision No. 22 underneath FR 22
(v) Government of India Decision No. 23 underneath FR 22
(vi) Order dated 4th October, 2012 of the DOPT which provides for stepping up of pay at par with junior when the senior drew the benefits of ACP during the period from 01-01-2006 to 31-08-2008 i.e. prior to introduction of MACP scheme and the junior having drawn the benefits of MACP.
19. The last order, i.e. Order dated 04-10-2012 has also been relied upon by the Counsel for the respondents.
20. In so far as the authorities relied upon by the counsel for the applicants, it is evident that save in respect of the Madras Bench decision, in other cases, claim for financial upgradation under the MACP Scheme was rejected, while stepping up of pay allowed. Madras Bench, in our respectful opinion, did not take into consideration the specific clause 20 of the Scheme. To that extent, the same is to be held per incurium. As regards other decisions, they would have come to the rescue of the applicants had the applicants sought in this OA stepping up of pay. The relief sought by them is only with reference to the financial upgradation, which has uniformly been declined by various Benches of the Tribunal as also the Apex Court (in Ram Saroop Ganda (supra).
21. In so far as the decisions relied upon by the respondents' counsel, some of them relate to Benchmark, past service in the aided school etc., with which the case in hand has no relationship. However, in the case of Rahmathulla (supra), while rejection of the claim for financial upgradation is in consonance with the other cases as cited above, rejection of the claim for stepping up seems to have been made by inadvertence as the order did not take into account the above-said decisions of the Apex Court as well as some of the other Benches. To that extent that order is per incurium.
22. The counsel for the applicants submitted that though the relief sought for is in terms of financial upgradation, the same could be moulded and as granted in various cases referred to above, the applicants could be extended the benefit of stepping up of pay. He has, in this regard, referred to the following further decisions of the Apex Court:-
(a) Gurcharan Singh Grewal vs Punjab - SEB (2009) 3 SCC 94
(b) Union of India vs P. Jagdish - (1997) 3 SCC 176
23. In addition all the Government of India orders relied upon by the counsel for the applicants relate only to stepping up of pay.
24. As to the the moulding of the relief, it is to be stated that the applicants has nowhere in the pleadings raised the issue of stepping up of pay. All through it is only as to the financial upgradation that they have been referring to. When such a financial upgradation is impermissible in view of clause 20 of the Scheme, they have chosen to challenge the legal validity too. Stepping up of pay is entirely in a different pedestal and though the decisions relied upon by the applicant's counsel at the time of arguments and certain Government of India decisions could go in favour of such stepping up of pay, law requires that the administrative remedies are first exhausted and it is only when through administrative means the grievance is not redressed, can the jurisdiction of the Tribunal be invoked. Again, normally consideration is given by the Courts for such moulding of relief if taking into subsequent events such moulding of relief is justified. For example, in this case such a moulding of relief could be justified if all the applicants have superannuated by now. That is not the case. There is ample time to seek administrative remedies.
25. In view of the above, while declaring that clause 20 of the MACP scheme is fully valid and legal and while rejecting the claim of the applicants for financial upgradation under the MACP Scheme at par with the juniors, liberty is given to the applicants to have their grievances redressed by way of stepping up of pay, through administrative machinery. Neither the provisions of clause 20 of the Scheme nor does this order come in their way in this regard.
26. With the above observations, the OA is disposed of. No costs. (K. GEORGE JOSEPH) (DR. K.B.S. RAJAN) (JUSTICE P.R. RAMAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER JUDICIAL MEMBER "SA"