Kerala High Court
Union Of India vs Nandakumar G. Nair on 28 March, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944
OP (CAT) NO. 24 OF 2022
AGAINST THE ORDER/JUDGMENT IN OA 249/2020 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
1 UNION OF INDIA
UNION OF INDIA REPRESENTED BY ITS SECRETARY TO
GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW
DELHI , PIN - 110001
2 THE ENGINEER-IN-CHIEF
THE ENGINEER-IN-CHIEF, MILITARY ENGINEER
SERVICES, NEW DELHI, PIN - 110011
3 THE CHIEF ENGINEER
THE CHIEF ENGINEER, HEADQUARTERS
SOUTHERN COMMAND, MILITARY ENGINEER SERVICES,
PUNE, PIN - 560004
4 THE DIRECTOR GENERAL (PERSONNEL)
THE DIRECTOR GENERAL (PERSONNEL)
MILITARY ENGINEER SERVICES, INTEGRATED
HEADQUARTERS OF MOD (ARMY), KASHMIR HOUSE, RAJAJI
MARG, NEW DELHI , PIN - 110011
5 THE CHIEF ENGINEER (NAVAL WORKS)
THE CHIEF ENGINEER (NAVAL WORKS), MILITARY
ENGINEER SERVICES, KATARIBAGH, KCOHI , PIN -
682004
BY ADV S.MANU
OP(CAT) 24/2022 - : 2 :-
RESPONDENT/S:
NANDAKUMAR G. NAIR
AGED 59 YEARS
S/O GOPINATHAN NAIR, TECHNICAL OFFICER,
MES/113432, HQ, CHIEF ENGINEER (NW), KOCHI, NAVAL
BASE POST, KOCHI , PIN-682004, RESIDING AT
LAKSHMI NIVAS, KALLIMEL, MAVELIKARA, PIN - 690509
OTHER PRESENT:
0SRI.S.MANU, ASGI, SRI.M.A.SHAFIK
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
28.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CAT) 24/2022 - : 3 :-
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
==================
O.P(CAT) No. 24 of 2022
[Arising out of the order dated 15.2.2022 in MA No.110 of 2022 in OA
No.249/2020 of the CAT, EKM Bench]
==================
Dated this the 28th day of March, 2022
JUDGMENT
ALEXANDER THOMAS, J.
The prayers in the Original Petition filed under Arts.226 and 227 of the Constitution of India are as follows:
"i) Call for the records leading upto Exhibit P-15 and set aside the same and allow MA No.110 of 2022 in OA No.249 of 2020 filed before the Hon'ble CAT, Ernakulam Bench.
ii) Grant such other reliefs that may be found just proper and necessary in interest of justice."
2. Heard Sri.S.Manu, learned Assistant Solicitor General of India appearing of the petitioners in the OP/respondents in the OA and Sri.M.A.Shafik, learned counsel appearing for the respondent in the OP/applicant in the OA.
3. The prayers in the instant original application, O.A.No. 249/2020 filed by the respondent herein before the Central Administrative Tribunal, Ernakulam Bench are as follows:
"(I) TO CALL FOR THE RECORDS RELATING TO ANNEXURE A-1 TO A-8 AND TO DECLARE THAT THE APPLICANT IS ENTITLED FOR THE BENEFITS OF ANNEXURE A-1 IN FULL AND IS ENTITLED FOR THE 3RD MACP UPGRADATION TO GP OF RS.7600/- WITH EFFECT FROM 15.11.2013.
OP(CAT) 24/2022 - : 4 :-
(II) TO DIRECT THE 4TH RESPONDENT TO SANCTION AND GRANT
THE BENEFITS OF 3RD MACP UPGRADATION TO GP OF RS.7600/- WITH EFFECT FROM 15.12.2013, WITH ALL CONSEQUENTIAL AND ANCILLARY BENEFITS WITH 18% PENAL INTEREST ON THE ARREARS FROM 2013.
(III) TO ISSUE SUCH OTHER APPROPRIATE ORDERS OR DIRECTIONS THIS HON'BLE COURT MAY DEEM FIT JUST AND PROPER IN THE CIRCUMSTANCES OF THE CASE.
AND (IV) TO GRANT THE COSTS OF THIS ORIGINAL APPLICATION." The interim prayer in Ext.P-1 O.A. is as follows:
"....... to direct the Respondents to sanction the 3 rd MACP to GP of Rs.7600/- with effect from 25.11.2013 to the applicant, provisionally subject to the outcome of the Original Application, in the interest of justice."
4. When the interim plea in the above OA had come up for consideration before the Tribunal on 9.4.2021, the respondents in the OA/petitioners in the OP herein had submitted that the relief prayed for in the original application is already sanctioned as per order dated 17.11.2020. The Tribunal, after recording the abovesaid submission of the respondents in the OA had passed Ext.P-3 interim order dated 9.4.2021 in the above OA directing the respondents therein to release all the benefits to the applicant before the reopening date and posted the matter to 1.6.2021. Later, when the matter had come up consideration before the Tribunal, the respondents in the OA had filed Ext.P-5 Miscellaneous Application, MA No.384/2021 in the OA OP(CAT) 24/2022 - : 5 :-
No.249/ 2020, seeking the prayer therein that the Tribunal may grant them six months' time for disbursing the amount due to the original applicant in the OA. We are told that the plea in Ext.P-5 M.A. filed by the respondents in the OA was not allowed by the Tribunal, as can be seen from Ext.P-6 order. It is seen that Ext.P-6 order dated 8.7.2021 has been rendered by the Tribunal in Ext.P-5 MA, whereby the Tribunal has refused to grant six months' time extension and has ordered that R-5 in the O.A. shall be present before the Tribunal on 1.9.2021 to explain as to why Ext.P-3 order 9.4.2021 is not implemented. Later, when the matter had come up before the Tribunal on 3.9.2021, R-5 had appeared in person before the Tribunal and it was submitted that there was a pending audit objection against the proposal in favour of the applicant and it was without noticing the said audit objection that submissions were made earlier before the Tribunal in favour of the original applicant, which resulted in Ext.P-3 interim order dated 9.4.2021 and that the matter is now pending before the Finance Wing of the Ministry of Defence and that more time required for getting sanction from the Ministry of Finance for release of the amounts to the employee concerned, etc. Accordingly, the Tribunal as per Ext.P-7 order dated 3.9.2021 has granted three OP(CAT) 24/2022 - : 6 :-
months' time and posted the matter to 10.11.2021.
5. Later, it appears that the respondents in the OA have filed Ext.P-8 MA No.798/2021 before the Tribunal in the above OA seeking for further extension of time. Later, the Tribunal has passed Ext.P-9 order dated 3.12.2021, whereby it has been ordered that R-3 and R-4 shall be personally present before the Tribunal on the next posting date and posted the case to 20.1.2022. Later Ext.P-10 MA No.43/2022 was filed by R-4 in the OA seeking for extension of time by six months and also for exemption from personal appearance.
Whereas Ext.P-11 MA No.44/2022 was filed by R-3 in the OA for extension of time and for exemption from personal appearance. This has resulted in the impugned Ext.P-12 order dated 27.1.2022 rendered by the Tribunal, whereby it has been ordered that R-3 and R-4 shall be personally present through video conferencing on 15.2.2022 for reporting full compliance.
6. Later, the respondents in the OA had filed Ext.P-13 MA No.110/2022 before the Tribunal for exemption from personal appearance and Ext.P-14 MA No.111/2022 seeking for extension of time by six months. In Ext.P-13 the Tribunal has passed Ext.P-15 order dated 15.2.2022 rejecting the plea in the said MA and has OP(CAT) 24/2022 - : 7 :-
posted the matter to 30.3.2022 for appearance for R-3 and R-4 in the OA, in person. It is this order at Ext.P-15 dated 15.2.2022 that is under challenge in the present OP.
7. We are now apprised by Sri.S.Manu, learned Assistant Solicitor General of India appearing for the petitioners in the OP that the said parties/respondents in the OA have now filed MA in the present OA today before the Tribunal producing therewith additional documents as Anxs. MA-8 and MA-9 and the prayer in the said MA is for modification of the basic Ext.P-3 interim order rendered on 9.4.2021 in such a way that the implementation of the said order is to be done as expeditiously as possible, taking into account the efforts which are being taken by the respondents. It is pointed out by the learned Assistant Solicitor General of India that submissions were made by the respondents in the OA at the time of passing of the basic interim order at Ext.P-3 dated 9.4.2021 without being aware that there was pending audit objection against the proposal, etc. and that said issue will have to be resolved.
8. The learned Assistant Solicitor General of India submits that the prayer couched in the present new MA filed before the Tribunal on 25.3.2022, has to be re-moulded and that instructions will be given to the petitioners in the OP to withdraw the said new MA and to file a fresh MA before the Tribunal tomorrow itself seeking to vacate the basic interim OP(CAT) 24/2022 - : 8 :-
order as per Ext.P-3 dated 9.4.2021 on the ground that the submissions were made before the Tribunal at that point of time without being appraised about the pendency of the audit objection against the proposal in favour of the employee like the original applicant, etc. Taking note of the above aspects, it is ordered in the interest of justice that the Tribunal, before passing orders on the matters referred to Ext.P-15 order dated 15.2.2022, may consider and pass orders either on the MA filed today or on the MA proposed to be filed tomorrow, as mentioned above, either on 30.3.2022 or immediately thereafter. Until then, the matter in relation to personal appearance of R-3 and R-4 ordered as per Ext.P-15 may be deferred.
The Registry may forward a copy of this judgment to the Central Administrative Tribunal, Ernakulam Bench, who is dealing with the present O.A.No. 249/2020 for necessary information.
With these observations and directions, the above Original Petition stands finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
VIJU ABRAHAM, JUDGE
sdk+
OP(CAT) 24/2022 - : 9 :-
APPENDIX OF OP (CAT) 24/2022
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE LETTER NO. CC-
3/85610/47/MACP/D’MAN/6THCPC/CSCC DATED
21.04.2017 ISSUED BY THE 4TH RESPONDENT ANNEXURE A2 TRUE COPY OF THE ORDER DATED 29.05.2017 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA NO. 180/644/2014.
ANNEXURE A3 TRUE COPY OF THE ORDER DATED 11.07.2018 OF THE JAIPUR BENCH OF THE HON’BLE CAT, ERNAKULAM IN OA NO. 291/43/2017 ANNEXURE A4 TRUE COPY OF THE LETTER NO.
B/43021/ACP/DMAN&TO/E1(DPC) DATED 28.08.2018 ISSUED BY THE 4TH RESPONDENT IN OA ANNEXURE A5 TRUE COPY OF THE LETTER NO. 140509/41/E1O® DATED 31.10.2018 ISSUED BY THE 5TH RESPONDENT IN OA ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED 05.01.2020 SUBMITTED TO THE 4TH RESPONDENT IN OA ANNEXURE A7 TRUE COPY OF THE LETTER NO.
190108/MACP/3107/E1B(O) DATED 12.03.2020 OF THE 3RD RESPONDENT IN OA ANNEXURE A8 TRUE COPY OF THE REPRESENTATION DATED 13.03.2020 SUBMITTED TO THE 4TH RESPONDENT IN OA.
ANNEXURE R1 TRUE COPY OF DIRECTORATE GENERAL OF
(PERSONNEL) LETTER NO.
41002/MACP/OFFRS/E1DPC(PP&SUB) DATED
17.11.2020
ANNEXURE MA1 TRUE PHOTOCOPY OF THE ORDER IN O A NO.
249/2020 IN MA NO. 150/2015/2021 DATED
09.04.2021
ANNEXURE MA2 TRUE PHOTOCOPY OF THE LETTER NO.
136921/NGN/23/LC DATED 13.04.2021
OP(CAT) 24/2022 - : 10 :-
ANNEXURE MA 3 TRUE PHOTOCOPY OF THE LETTER NO.
CRO/3MACP/POS/03/GP-II(IV) DATED 19.04.2021 ANNEXURE MA 4 TRUE PHOTOCOPY OF THE LETTER NO.
V/46500/141/E1LEGAL(O) DATED 19.04.2021 ANNEXURE MA 5 A TRUE PHOTOCOPY OF THE DG (PERS) E-IN-C’S BRANCH, NEW DELHI LETTER NO. B/46500/141/E1 LEGAL (O) DATED 05.11.2021, NO.
B/46500/144/E1 LEGAL (O) DATED 26 AUG 2021 AND NO. PC-12/85610/COURT CASE/TO/CSCC DATED 13.10.2021 ANNEXURE MA 1 A TRUE PHOTOCOPY OF AUDIT OBJECTION OF THE DIRECTOR GENERAL OF AUDIT, NEW DELHI VIDE PRELIMINARY SLIP NO.-12 DATED 02.02.2021 ANNEXURE MA 2 A TRUE COPY OF THE LETTER NO. AT/11/GEN FIX-
XXVII/E-1477 OF THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS, DELHI DATED 04.03.2021 ANNEXURE MA 6 A TRUE PHOTOCOPY OF THE LETTER FROM DIRECTOR GENERAL (PERS) NEW DELHI DATED 11.02.2022 ANNEXURE MA 7 A TRUE PHOTOCOPY OF THE SUPREME COURT ORDER DATED 09.03.2011 IN CIVIL APPEAL NO.
5600/2006EXHIBITP1 TRUE COPY OF OA NO. 249/2020 FILED BY THE RESPONDENT BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS/RESPONDENT IN THE OA EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 09.04.2021 ISSUED BY THE CAT, ERNAKULAM BENCH IN OA NO. 249/2020 EXHIBIT P4 TRUE COPY OF THE LETTER NO. AT/II/GEN.FIN-
XXVII/E-1477 DATED 04.03.2021 ISSUED BY THE SENIOR ACCOUNTS OFFICER (ARMY), CONTROLLER GENERAL OF DEFENCE ACCOUNTS (CGDA) TO THE 4TH RESPONDENT IN THE OA EXHIBIT P5 TRUE COPY OF THE MA NO. 384/2021 IN OA NO.
249/2020 FILED BY THE PETITIONERS
HEREIN/RESPONDENT IN THE OA
OP(CAT) 24/2022 - : 11 :-
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 08.07.2021 IN
MA NO. 383/2021 IN OA NO. 249/2020 OF THE
CAT ERNAKULAM BENCH
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 03.09.2021
PASSED BY THE HON'BLE CAT
EXHIBIT P8 TRUE COPY OF THE MA NO. 798/2021 IN OA NO.
249/2020 FILED BY THE RESPONDENT IN THE OA SEEKING EXTENSION OF TIME EXHIBIT P9 TRUE COPY OF THE ORDER DATED 03.12.2021 OF THE HON’BLE CAT IN MA NO. 798/2021 IN OA NO. 249/2020 EXHIBIT P10 TRUE COPY OF THE MA NO. 43 OF 2022 IN OA NO.
249/2020 FILED BY THE 4TH RESPONDENT BEFORE THE CAT EXHIBIT P11 TRUE COPY OF THE MA NO. 44 OF 2022 IN OA NO.
249/2020 FILED BY THE 3RD RESPONDENT BEFORE THE CAT EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED 27.01.2022 OF THE CAT ERNAKULAM BENCH EXHIBIT P13 TRUE COPY OF MA NO. 110 OF 2022 IN OA NO.
249 OF 2020 OF THE CAT, ERNAKULAM BENCH EXHIBIT P 14 TRUE COPY OF THE MA NO.111 OF 2022 IN OA NO.
249 OF 2020 OF THE CAT ERNAKULAM BENCH EXHIBIT P15 TRUE COPY OF THE INTERIM ORDER DATED 15.02.2022 IN MA NO. 110/2022 IN OA NO.
249/2020 OF THE CAT, ERNAKULAM BENCH EXHIBIT P 16 TRUE COPY OF THE CHRONOLOGICAL SEQUENCE OF STEPS TAKEN BY THE RESPONDENTS FOR GETTING THE APPROVAL OF MINISTRY OF DEFENCE (FINANCE) AND MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE SHOWN IN A TABULAR FORMAT.