Central Administrative Tribunal - Bangalore
Y C Jayaveerappa vs M/O Information And Broadcasting on 23 July, 2018
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OA.No.170/00021/2017/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH
ORIGINAL APPLICATION NO.170/00021/2017
DATED THIS THE 23RD DAY OF JULY, 2018
HON'BLE DR.K.B.SURESH, MEMBER (J)
HON'BLE SHRI DINESH SHARMA, MEMBER (A)
Y.C. Jayaveerappa,
Aged about 62 years,
R/a No. S4/12 Aswini Shettihalli Road,
Jalahalli West,
Bangalore 560 015 .....Applicant
(By Advocate Shri N. Obalappa)
Vs.
1. The Union of India,
Represented by its Secretary,
Ministry of Information and Broadcasting,
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OA.No.170/00021/2017/CAT/BANGALORE
'A' Wing, Shastry Bhavan,
New Delhi - 110 001.
2. The Director,
Ministry of Personnel, PG & Pensions,
Department of Personnel & Training
North Block,
New Delhi - 110 001.
3. The Director General,
Directorate of Air Veterans, India Air Force
CAMERO Complex, Suborto PARK,
New Delhi - 110 010.
4. The Chief Executive Officer,
Prasar Bharati, II Floor,
PTI Building, Parliament Street,
New Delhi - 110 001
5. The Director General,
All India Radio, Akashvani Bhavan,
Parliament Street, New Delhi - 110 001
6. The Director General,
Doordarshan, Doordarshan Bhavan,
Copernicus Marg,
New Delhi - 110 001.
7. The Station Director,
All India Radio,
Raj Bhavan Road,
Bangalore - 560 001.
8. The Dy Director General (P)
Doordarshan Kendra J.C. Nagar,
Bangalore - 560 006.
9. The Pay & Accounts Officer,
Doordarshan Kendra,
Swami Sivananda Salai,
Chennai ....Respondents
(By Shri V.N. Holla, Senior Panel Counsel)
O R D E R (ORAL)
(HON'BLE DR. K.B. SURESH, MEMBER (J) 3 OA.No.170/00021/2017/CAT/BANGALORE Heard. The issue is in a very small compass. The applicant had originally joined Airforce as Aircrafts man-2 with effect from 19.02.1974 thereafter he was promoted as Aircrafts man -1 on 01.11.1975 thereafter he was promoted as Leading Aircrafts man on 01.02.1977, then he was promoted as Corporal on 19.02.1979 thereafter he was promoted as Sergeant on 01.04.1985. He was discharged from Airforce on 28.02.1989 thereafter he joined civil service.
2. During the civil service the applicant was engaged at the minimum of the payscale but was permitted to retain the Airforce pension.
3. Vide Annexure-A6, on the applicant applying for it, on 02.07.1998 an order was passed for recovery of amount of Rs.49,595/- being the gratuity, balance of commutation amount and the pension drawn from the military authority to be paid back to the CDA (P), Allahabad in order to count his former military service into civil service. It only means that his past service is counted for his seniority and other benefits and therefore in accordance with the seniority accorded to him on the basis of an appointment ostensibly had been made on 1974 the benefits of the applicant was re-adjusted. That being so, his past service and the present service is a continuation of each other. That being so, the Hon'ble Supreme Court orders relating to non-stagnation of service seems to be satisfied. Therefore the applicant cannot be held to be eligible to receive any further benefits. But then if promotions come in his way in the normal course, he will be eligible to it but then MACP as a non-stagnatory measure will not be available to him. The OA is therefore found to be without merit.
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OA.No.170/00021/2017/CAT/BANGALORE
4. At this point of time the learned counsel submits that applicant had been given 15 increments but then his pension was withdrawn from him. It is correct that applicant's service was calculated from 1974 onwards and that is why additional increments were given to him and benefits were granted therefore the law of election will operate. If he chooses A then he cannot get B. It is as simple as that. Since the applicant had chosen the benefit of counting past service then the benefits will be granted in accordance with that. In his earlier service he has got 5 promotions therefore satisfying the dictum laid down by the Hon'ble Apex Court. The OA will not lie.
5. The OA is dismissed. No order as to costs.
(DINESH SHARMA) (DR.K.B.SURESH)
MEMBER (A) MEMBER (J)
/ksk/
Annexures referred to by the applicant in OA No. 170/00021/2017 Annexure A1 Copy of the order dated 03.03.1989 Annexure A2 Copy of the last pay certificate for the month of February, 1989 Annexure A3 Copy of the order No. BAN/10(2)/93 S dated 10.09.1993 Annexure A4 Copy of the order No. BAN-9(2)/94-S dated 20.07.1994 5 OA.No.170/00021/2017/CAT/BANGALORE Annexure A5 Copy of the applicant's exercise of option dated 03.06.1995 Annexure A6 Copy of the Memorandum No. 8(YCJ/LDC)/98-A dated 02.07.1998 Annexure A7 Copy of the clarification No. A32016/3/08-S-II dated 03.02.2009 Annexure A8 Copy of the DoPT OM dated 09.08.1999 Annexure A9 Copy of the DoPT OM dated 19.05.2009 Annexure A10 Copy of the representation of the applicant dated 05.03.2012 Annexure A11 Copy of the OM No. 23011/1/2012-P.G. dated 16.03.2012 Annexure A12 Copy of the representation of the applicant dated 04.04.2012 Annexure A13 Copy of the letter No. 906/92/2011 GRC dated 24.04.2012 Annexure A14 Copy of the letter No. 29/1/2010/S-II(A)/(i)/824 dated 15.06.2012 Annexure A15 Copy of the ID Note dated 12.03.2013 Annexure A16 Copy of the letter No BAN1(2)/MACP/2013-S/8534 dated 13.05.2013 Annexure A17 Copy of the letter No BNG/DDK/24/(5)2013/A dated 04.03.2014 Annexure A18 Copy of the order dated 29.04.2014 Annexure A19 Copy of the PPO No. 286601400384 dated 10.05.2014 Annexure A20 Copy of the letter No A-380 03/17/2011-S-II dated 29.01.2015 Annexure A21 Copy of the letter No. DDK/BNG/8(YCJ/LDC)/2015-A dated 18.02.2015 Annexure A22 Copy of the letter No HQ/99799/1/2/DAV/Wel (A&N) dated 12.03.2015 Annexure A23 Copy of the letter by Respondent No. 3 addressed to the 5 th respondent to consider the combined service and ACP/MACP Annexure A24 Copy of the letter No. A38013/17/2011-S.II/83 dated 08.01.2016 Annexure A25 Copy of the letter No. BNG/DDK/27(4-PEN)2016-A/413 dated 6 OA.No.170/00021/2017/CAT/BANGALORE 21.01.2016 Annexure A26 Copy of the representation of the applicant dated 24.02.2016 Annexure A27 Copy of the letter No. DARPG/M/2012/00744 dated 27.04.2016 Annexure A28 Copy of the communication dated 29.04.2016 Annexure A29 Copy of the communication No. A38013/1/2011-S-II/1144 dated 04.05.2016 and 17.05.2016 Annexure A30 Copy of the applicant's Grievance Petition No. DOPPW/E/2016/04396 dated 16.05.2016 Annexure A31 Copy of the letter No. 906/06/2016/GRC dated 01.09.2016 Annexure A32 Copy of the communication No. A38013/17/2011/S.II/2112 dated 30.09.2016 and No. 29/2/2014-S.II(A)/2069 dated 07.11.2016 Annexure A33 Copy of the order passed by the Hon'ble Central Administrative Tribunal, Chandigarh in O.A. No. 060/00216/216 dated 23.11.2016 Annexures with reply statement Nil Annexures with rejoinder Annexure A34 Copy of the order of Central Administrative Tribunal, Principal Bench in O.A. No. 1445/2010 dated 04.03.2011 *****