Central Administrative Tribunal - Ernakulam
C.Arumugham vs Union Of India on 1 July, 2016
Author: P.Gopinath
Bench: P.Gopinath
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Applicaton No.180/658/13
Friday, this the 1st day of July, 2016
CORAM:
HON'BLE MR.JUSTICE N.K.BALAKRISHNAN, JUDICIAL MEMBER
HON'BLE MRS.P.GOPINATH, ADMINISTRATIVE MEMBER
C.Arumugham
S/o.Late C Chudala, Group D
Karunagappaly HO,
Residing at Nirakathuthodu
M.G. Nagar - 42
Kallumthazhom P.O
Kilikollur - 691 004 .... Applicant
(By Advocate: Mr.V Sajith Kumar )
Versus
1. Union of India, represented by Secretary
to Government, Department of Posts
Government of India, New Delhi - 110 001
2. The Chief Postmaster General
Kerala Circle, Trivandrum - 695 001
3. The Senior Superintendent of Post Office
Kollam Division, Kollam - 691 001
4. The Post Master, Karunagappally Head Post Office
Karunagappally - 690 518 .... Respondents
(By Advocate Mr.N Anil Kumar, Sr.PCGC(R))
This Original Application having been heard on 15.6.2016 this
Tribunal on 1.7.2016 delivered the following :
ORDER
BY HON'BLE MRS.P.GOPINATH, ADMINISTRATIVE MEMBER The applicant is aggrieved by the inaction on the part of the respondents to fix his pay in Pay Band - I (PB-I) scale with Grade Pay of Rs.1,800/- by imparting necessary training being a non-matriculate. As per CCS Revised Pay Rules, 2008, the applicant is entitled to the scale of pay of Rs.5200-20,200/- with grade pay of Rs.1800/-.
2. As per pay revision orders, the respondents have to impart necessary training for non-matriculate and thereafter extend PB-I scale to such non- matriculate employees. In this case, the 3rd respondent had directed the 4th respondent to conduct necessary training to the applicant. The 4 th respondent has not taken any steps to comply with the training order or to extend the pay in PB I scale.
3. Relief sought by the applicant is to declare that the applicant is entitled to get PB I pay band with grade pay of Rs.1800/- as per Revised Pay Rules 2008 from the date of his appointment to the post of MTS/Group D with retrospective effect. The counsel for applicant states that applicant is ready to forgo the retrospective pay with effect from the date of appointment in MTS/Group D.
4. Respondent submits that the applicant worked as part time contingent Scavenger at Divisional Office, Kollam and as part time contingent Scavenger/Vehicle Cleaner at Kollam H.O. After combining both the duties, the applicant was re-designated as full time Casual Labourer (FTCL) with temporary status (TS) with effect from 27.03.1990 in compliance with the orders of the Tribunal in O.A No.390/2009. In O.A No.312/2008 and connected cases regarding appointment of Group D in Kerala for the vacancies from 2002-2009, as per the then recruitment rules, 25% of the vacancies were offered to FTCL with TS/FTCL/PTCL in that order. As the applicant was the senior and eligible FTCL with TS, he was offered the Group D post on 17.07.2010.
5 On implementation of the recommendations of the 6 th Central Pay Commission, the nomenclature of all Group D posts were changed to Multi- Tasking Staff (MTS). As per the recommendations, in order to grant higher grade pay to the existing Group D cadre and to reclassify them as MTS (Group C), additional duties and responsibilities were to be given to such officials. Accordingly, Government of India decided that those Group D officials who are matriculates will be directly designated as MTS with Grade Pay Rs.1800/- in PB-I and those who are non-matriculates were to be retrained as per prescribed syllabus including computer training and on successful completion of the training, such officials will also be designated as MTS with GP Rs.1800/- in PB-I. Thus, in order to grant the Grade Pay of Rs.1800/- in PB-1, matriculation or successful completion of the prescribed training was mandatory and no exemption granted to anyone. Thus respondent directed the 4th respondent to impart the prescribed training to the applicant. It was informed by the 4 th respondent that the applicant could not be trained as he did not know to read or write Malayalam or English. Hence, the applicant is still placed in the Grade Pay of Rs.1300/1400, aggrieved by which the applicant has filed this Original Application. An action plan was initiated by the government for completing the training process so that those Group D staff who are non-matriculates will be retrained as per the prescribed syllabus including computer training and on their successful completion of the training, they will be re-designated as MTS. The 4th respondent reported that as the applicant has studied up to 5 th standard in Tamil medium, he does not know to write or read English or Malayalam. Annexure R3 document clearly indicates that the respondents tried their best to train the applicant, but failed in their effort. 6 Applicant filed rejoinder contending that the respondents are under the wrong impression that successful retraining is required for fixing the pay as in Recruitment Rules. There is no Government of India order which prescribes successful completion of training. The applicant is working as Chowkidar at Karunagapally HO and he is performing the duties successfully. In the instant case applicant studied in Tamil Medium and in case trainers in Tamil are not available in Kollam, the respondents may arrange retraining by person having proficiency in Tamil.
7. Respondent argues that MTS working in Post Offices, RMS Offices, Speed Post Centres, Administrative Offices and other offices in the department have been prescribed the following additional duties:
a. Maintenance of diary/dispatch/movement registers including entry in computer and physical maintenance of records.
b. Submission of periodical statement of routine nature
like absentee statement etc.,
c. Preparation and submission of indents with the
approval of supervisor.
d. Photocopying and sending of fax messages
e. Delivery of Dak within and outside the building
f. Watch and ward/caretaker duties, opening and closing
of rooms, general cleanliness and upkeep of section/unit/office including dusting of furniture, cleaning of buildings, rooms, fixtures, up-keep of parks, lawns, potted plants, etc., g. Other non-clerical work in the section/unit h. Driving of vehicles, if in possession of valid driving license i. Sale of postage stamps/stationery, assistance in booking of Registered/Parcel and Speed Post articles, Receipts and Dispatch of Mails including preparation of mail/registered/parcel lists, preparation of delivery lists for registered articles/money orders.
The necessity of successful completion of computer training was required to effectively carry out the aforesaid duties. Though the applicant is working as Chowkidar now, it does not mean that the applicant will work only in that post till his superannuation. He was also required to carry out the above duties. There was no exemption to anyone for placing in PB-1 without acquiring Matriculation/ITI qualification or getting through the training prescribed.
8 Applicant has filed M.A 180/626/2016 to correct the age in the cause title as 57 by deleting the 45 therein. M.A is allowed.
9 Heard the learned counsel for parties and perused the written submissions made by them.
10 The learned counsel for applicant informs that applicant is 57 years old. He is entitled to the VI CPC revised pay since the date of appointment as Group D on 06.09.2010, but is denied the same on account of being not trained. It was the responsibility of the respondent to find a means to impart training. The learned counsel brings to our notice a DG Posts clarification No.1-20/2008-PCC(PE)dated 8.4.2016 wherein the treatment of non- matriculate Group D employees who retired or died in harness after the notification of the Revised Pay Rule 2008 but before being imparted the requisite training to be eligible for grant of Grade Pay of Rs.1800/- in Pay Band I has been clarified. The said O.M states that if a non-matriculate Group D employee appointed prior to 1.1.2006 died in harness or retired before being imparted the required training due to administrative reasons and not due to factors attributable to him, he may be granted the Grade Pay of Rs.1800/-. Counsel for applicant informs that the applicant is the only official not imparted the training due to the language barrier which is a factor not totally attributable to him. The applicant is ready to receive the training but has not been imparted training as persons knowing Tamil are not available to impart training. Applicant is a Chowkidar and counsel for applicant informs that he is 57 years old with only 3 years to retire. We note that in the above clarificatory O.M, provision has been made to provide the Grade Pay of Rs1800/- to certain employees who could not undergo the training. Going on the same analogy the applicant who could not be trained due to the peculiar circumstances cited in the O.A of a language barrier and having only three years to retire is allowed the relief of Pay Band I with Grade Pay of Rs.1800/- with effect from the date of appointment to the post of Group D.
11. The Original Application is allowed accordingly.
(MRS.P. GOPINATH) (N.K. BALAKRISHNAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER sv