Central Administrative Tribunal - Delhi
Bl Meena vs M/O Defence on 12 January, 2024
1
O.A. No. 1264/2019
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 1264/2019
Friday this the 12th day of January, 2024
Hon'ble Ms. Harvinder Kaur Oberoi, Member(J)
Hon'ble Dr. Anand S Khati, Member (A)
B L Meena
S/o Late Sh Kalyani Shah
Administrative Officer (Grade -I)
Age 56 years
R/o Quarter No. 190
Block no. -12
Lodhi colony
New Delhi-110003
...Applicant
(By Advocate: Mr. Sagar Saxena)
Versus
1. Union of India
Through Secretary to Govt. of India
Ministry of Defence
New Delhi
2. The Director General(Pers)/CSCC
Engineer-in-Chief's Branch
Integrated HQ of MoD(Army)
Kashmir House, Rajaji Marg,
New Delhi
...Respondents
(By Advocate: Mr. S N Verma, Mr. Satish Kumar)
Reserved on: 05.01.2024
Pronounced on: 12.01.2024
2
O.A. No. 1264/2019
ORDER
Per: Harvinder Kaur Oberoi, Member(J)
Draft Judgment OA No. 764/2018 The applicant joined the Military Engineering Service(MES) under the Integrated Head Quarters of Ministry of Defence(Army) as LDC in 09.03.1984. Thereafter, he got promoted from time to time and was finally promoted as Administrative Officer(AO) Gr-II in the pay scale of Rs. 6500-10500/- w.e.f. 12.07.2007.In pursuance of the recommendation of 6th Central Pay Commission(CPC), the Department of Expenditure, M/o Finance notified the Central Civil Services(Revised Pay) Rules, 2008 vide Gazette notification dated 29.08.2008, whereby theerstwhile pay scale of Rs. 6500-10500/- was revised to Rs. 9300-34800/- with Grade Pay(GP) of Rs. 4600. Further, the pay scale of Administrative Officer-II was revised to Rs. 7500-12000/- in the pay band PB-2 with Grade Pay of Rs. 4800/-, and that of Administrative Officer was revised to Rs. 15600-39100 with Grade Pay of Rs. 6600/-. The provision specifically stated that the said pay scale is for office staff working in organization outside Secretariat. It is the grievance of the applicant that despite the aforementioned notification, the 3 O.A. No. 1264/2019 applicant was granted the Grade Pay of Rs. 4600 and not Rs. 4800/-, and that if he had been granted the Grade Pay of Rs. 4800 w.e.f. 12.07.2007, he would have also got the Grade Pay of Rs. 5400/- upon completion of four years of service in Grade Pay of Rs. 4800/-. The applicant is further aggrieved that though he got promoted to the post of Administrative Officer Gr. I on 11.09.2015, he was granted pay scale of Rs. 4800/- instead of Rs. 6600/- in the revised pay scale of Rs. 15600-39100.To redress the aforesaid grievances, the applicant submitted a representation dated 07.01.2016 to respondent no. 2, i.e., DG(Pers)/CSCC, E-in-C's Branch, Integrated HQ of Ministry of Defence(Army) seeking grant of GP of Rs. /- 4800 w.e.f. 12.07.2007, Rs. 5400/- w.e.f. 12.07.2011 and Rs. 6600/- w.e.f. 11.09.2015. However, this representation was not considered by the respondents and, subsequently, the applicant made another representation dated 10.07.2018 reiterating his grievances, which was rejected by the respondents vide a speaking order dated July, 2018, wherein, the respondents informed the applicant that his subject case file was forwarded to Defence(Fin) by Ministry of Defence 'D'(Works-II) for their concurrence, however, the Defence(Fin) observed that as per para 4 O.A. No. 1264/2019 3.1.14 of Section-II, Part B of CCS(Revised Pay) Rules, 2008, an Administrative Officer Gr-II working outside the Secretariat in the pre-revised scale of Rs. 7500-12000 were to be given the Grade Pay of Rs. 4800/- and Rs. 5400/- upon completion of four years of service and since the Administrative Officer Gr-II in MES had been working in pre-revised scale of Rs. 6500-10500/-, he was rightly placed in the revised pay scale of Rs. 9300-34800 with Grade Pay of Rs. 4600/-. Aggrieved by this order, the applicant has filed the present OA.
2. The respondents have filed a detailed counter affidavit wherein they have stated that the Civilians in Defence Services(Revised Pay Rules, 2008) notified by SRO 21(E) dated 09.09.2008(Annex -A) cannot be made applicable to the present applicant working as Administrative Officer Gr-II, in MES inasmuch as the scale of Rs. 7500-12000 has been revised at entry grade pay of Rs. 4600(PB 2) for fresh recruits only. It is further stated that in case of the applicant and similarly situated Administrative Officers Gr-II, who got promoted from Office Superintendent(Grade Pay Rs. 4200), the corresponding pay band and Grade Pay of Rs. 4600 has been granted. They have further submitted that the case for 5 O.A. No. 1264/2019 upgradation of Grade Pay in respect of AO Gr-II of MES was also processed by Ministry of Defence and after examination of the complete matter, the said proposal was taken up with Ministry of Finance(Wks-III), who in consultation with the Department of Expenditure, furnished the following comments upon due consideration of the said proposal:
"(i) As per 3.1.14 of Section II, Part B of CCS(Revised Pay) Rules, 2008, AO Gr-II working in Organization outside the Secretariat, in the pre-revised pay scale of Rs. 7500-12000/-
will be given the Grade Pay of Rs. 4800/- and Rs. 5400/- in PB- 2 after completion of 04 years. The Adm. Officer Grade II in MES are in pre-revised pay scale of Rs. 6500-10500/-. Thus, it has been rightly placed in the revised pay scale of Rs. 9300- 34800 with Grade Pay of Rs. 4600/-.
(ii) Extending the Grade Pay of Rs. 4800/- to Amn Officer Gde- II in MES would cause disturbance in the hierarchical structure of the MES Admn Cadre as the promotional post of Admn Officer-II i.e. Adm Officer Gde-I in the Grade Pay of Rs. 4800/-.
(iii) Extending the Grade Pay of Rs. 4800/- to Admn. Officer Grade-II in MES would cause disturbance in the horizontal relatively across all the non-secretariat Organizations resulting in widespread repercussion, as the post of Administrative Officer Gde-II exists in the Grade Pay of Rs. 4600/- in other Non-Secretariat Organizations."
It is further stated that the AO Gr-II in MES are in the pre-revised pay scale of Rs. 6500-10500/- and thus, their pay has been rightly revised to pay scale of Rs. 9300-34800 with Grade Pay of Rs. 4600/-.
6O.A. No. 1264/2019
3. The applicant has filed rejoinder, wherein, he has reiterated the same contentions and averments as taken in the Original Application.
4. Learned counsel for the applicant has relied upon the following judgments in support of his claim:
1. Kaushik Paik &Ors. Vs. Union of India & Ors. In WP No. 116/2013 passed by Hon'ble High Court of Delhi. The decision of the Hon'ble High Court in this matter was also upheld by Hon'ble Supreme Court of India in SLP No. 7220/2014.
2. N. Velayudhan & Ors. Vs. Union of India & Ors OA No. 868/2014 passed by CAT, Ernakulam Bench, on 09.03.2017 it has been held that there was no justification for denying officials not working in the Secretariat parity with those working in the Headquarter/ Secretariat. It was noticed that no case had been made out that the nature of duties performed by the Section Officers in the lower formations were any different from those performed by the Headquarter officers. It was further observed that in fact the work in the non-secretariat has not only equalled the nature of duties and services in headquarter offices, but has 7 O.A. No. 1264/2019 overtaken the same on account of decentralization and expansion of organizations in the years after independence.
5. We have heard learned counsel for the respective parties and have carefully gone through the pleadings available on record as well as the judgments relied upon.
6. It is undisputed that the present applicant is covered by Civilians in Defence Services(Revised Pay) Rules, 2008, which were notified vide Gazette Notification dated 09.09.2008. Relevant portion from Section II of the aforesaid Rules are quoted below for ready reference:
Sl. Post Prese Revised Corresponding Para
N nt pay scalePay band and No.
o. scale Grade Pay of
Pay Grade the
Ban Pay Repo
d rt
II. OFFICE STAFF WORKING IN ORGANIZATIONS OUTSIDE THE SECRETARIAT 1 Head 4500- 6500- PB- 4200 3.1.1 Clerk.Assistants.S 7000- 10500 2 4 teno Gr. 5000-
II/equivalent 8000 2 Administrative 7500- 7500- PB- 4800 3.1.1 Officer Grade 1200 12000(en 2 4 II/Sr. Private 0 try grade Secretary/equiva for fresh lent recruits) 5400(on 8 O.A. No. 1264/2019 8000- completi 13500(on on of 4 completi years) on of four years)
A perusal of the above table makes it clear that the Revised Pay Scale of Rs. 7500-12000/- with Grade Pay of Rs. 4800/- was to be granted to only those Administrative Officers Gr-II who were fresh direct recruits, which was not the case of the applicant. Further, the respondents cannot be said to have rejected the representation of the applicant with any malafide intention as the same was done in consultation with Ministry of Finance(Wks-III), who gave its comments after further consultation with Ministry of Finance(DoE).
7. In the case of P.U. Joshi v. Accountant General, (2003) 2 SCC 632 , the Hon'ble Supreme Court held as under:
"10. We have carefully considered the submissions made on behalf of both parties. Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the statutory tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its 9 O.A. No. 1264/2019 views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/substraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing the existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service."
8. Thus, it a settled principle of law that the Tribunal should be cautious while dealing with such cases which involve second guessing policy decisions such as appropriate pay scales, pay fixation, etc. Scope of interference is limited and can only be exercised if there is patent unreasonableness, irregularity, irrationality or illegality in the decision-making process of the authority.
9. As far as the judgments relied upon by learned counsel for the applicant are concerned, in the case of Kaushik Paik(supra), the petitioners were employees of Indian Coast Guard 10 O.A. No. 1264/2019 Organization and were seeking pay parity with others from the Army Headquarters itself.The grievance by the petitioners was that the parity which existed between a Section Officer in the Coast Guard of the two different groups, i.e. PB-2 and PB-3 with other similarly placed officials in the Central Secretariat Services and Armed Forces Headquarters, was sought to be denied by the respondents. It was argued that recommendation of the VIth CPC in para 3.1.9 required that parity be maintained amongst the similar services having historical parity. Relevant portion of the judgment reads thus:
"This scale shall be available only in such of those organisations/services which have a historical parity with CSS/CSSS. Services like AFHQSS/AFHQSSS/RBSS and Ministerial /Secretarial posts in Ministries/Departments organisations like MEA, Ministry of Parliamentary Affairs, CVC, UPSE, etc. would therefore be covered."
Petitioners before the Hon'ble High Court of Delhi, belonging to the Coast Guard could prove their parity with those serving in the Army headquarters. Applicant in the present case have failed to do so.
10. In the case of N. Velayudhan(supra), the petitioners belonged to Navy Cadre. On the other hand, the applicant belongs to Military Engineering Services Cadre. Applicant is required to 11 O.A. No. 1264/2019 establish similarity with respect to mode of recruitment, pay scale, service conditions and recruitment rules for employees of MES is the same as for the CSS cadre. The applicant does not make any argument that there was any historical parity between MES and CSS. In contrats respondents have submitted that MES is not a Head Quarter service as such nature of job and requirement are different. Same cannot be compared with the duties of the CSS/ Army Headquarters etc. As such, none of these judgments would bestrictly applicable in the present case.
11. In view of the above, we find no merits in the present application and the same is accordingly dismissed being devoid of merits. No order as costs.
( Dr. Anand S. Khati) (Harvinder Kaur Oberoi) Member (A) Member(J) gm