Central Administrative Tribunal - Delhi
M Vani Satyanarayana vs Council Of Scientific And Industrial ... on 18 April, 2023
1
Item No. 73
O.A. No. 3204/2018
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3204/2018
Order Reserved on: 28.03.2023
Order Pronounced on: 18.04.2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
1. Mrs. M. Vani Satyanarayana, Aged-52 Years,
W/o Sh. S. Satyanarayana,
Working as Hindi Officer,
In CSIR- Structural Engineering Research
Centre (SERC), Chennai.
R/o 23B Vishwanath Street, Radha Nagar,
Chennai-600044
2. Ramesh Baura, Aged-49 Years
S/o Sh. K.S. Baura,
Working as Hindi Officer,
In CSIR-Central Electronics Engineering
Research Institute, (CEERI), Pilani (Raj)
R/o E-48, CEERI Colony, Pilani (Raj).
3. Dr. Purushottam Kumar, Aged-51 Years
S/o Sh. Dr. Braj Kishore Pandey,
Working as Senior Hindi Officer,
CSIR-National Metallurgical Laboratory (NML),
Jamshedpur.
R/o A/IV/54, NML Flats Agrico,
Jamshedpur-831009
4. Veerpal Singh, Aged-54 Years
S/o Late Sh. B. Singh,
Working as Hindi Officer,
CSIR-National Institute of Science Technology
and Development Studies (NISTADS), New Delhi.
2
Item No. 73
O.A. No. 3204/2018
R/o D-3781 MIS, Sector M, Pratap Vihar,
Ghaziabad (UP).
5. Mrs. Meenakshi Gaur, Aged-43 Years
S/o Sh. Pratyush Gaur
Working as Senior Translator,
CSIR, National Institute of Science
Communication and Information Resources
(NISCAIR, New Delhi
R/o C-9, NPL Colony, New Rajinder Nagar,
Delhi-110060
6. N. Satyanarayana, Aged- 56 Years,
S/o Sh. N. Raghu,
Working as Senior Hindi Translator
CSIR-Indian Institute of Chemical Technology
(IICT), Hyderabad
R/o B-301, Envishm Towers, Mamata Nagar,
Nagole, Hyderabad-500068
7. Mrs. Manju, Aged-56 Years,
W/o Sh. Sushil Kumar,
Working as Hindi Officer,
In CSIR-National Physical Laboratory (NPL),
New Delhi.
R/o M-63, Vikas Apartments,
West Enclave, Pitampura, New Delhi-34.
-Applicants
(By Advocate: Mr. Yogesh Sharma)
Versus
1. Union of India through the Secretary,
Ministry of Science & Technology,
Technology Bhawan, New Mehrauli Road,
New Delhi.
3
Item No. 73
O.A. No. 3204/2018
2. Council of Scientific & Industrial Research,
Through its' Director General,
Ansusandhan Bhawan, 2 Rafi Marg,
New Delhi-1
3. The Joint Secretary (Admn.),
Council of Scientific & Industrial Research.
Ansusandhan Bhawan, 2 Rafi Marg, New Delhi-1
4. The Secretary,
Ministry of Finance, Department of Expenditure,
Govt. of India, North Block, New Delhi.
.....Respondents
(By Advocate: Mr. Vijender Singh for R-1 & 4 and Mr.
Praveen Swarup for R-2 & 3)
ORDER
Hon'ble Mrs. Pratima K. Gupta, Member (J):
The applicants, who were working as Senior Hindi Translators, Hindi Officer in Council of Scientific and Industrial Research (CSIR), by virtue of the present O.A., claim parity with respect to their pay scales, with their counter-parts in the Central Secretariat Official Language Service (CSOLS).
2. Brief facts as narrated by the applicants are: 4 Item No. 73 O.A. No. 3204/2018
The Govt. of India by an OM dated 08.04.1989 decided to create the numbers of Hindi Translators/Officers in the Ministries and independent departments including the post of Junior/Senior Hindi Translator and Hindi Officer/Assistant Director (OL).y an order dated 15.07.1987 decided that the scale of pay of Junior Translator (Hindi) may be revised from Rs.425-700 to 425-800 (revised scale Rs.1400-40-1600-50-2300-EB-
60-2600) w.e.f. 01.01.1986. This has been done keeping in view the duties of Junior Hindi Translator being performed by their Counterparts in the Official Languages Departments of the Government of India. Vide OM dated 08.11.2000, the Govt. of India revised the pay scales of Junior Hindi Translator, Senior Hindi Translator and Hindi Officer (AD)-OL. The competent authority by an order dated 02.08.2000 considered and approved the adoption of the same scales of pay to the staff of Department of Official Language, Govt. of India for the CSIR Raj Bhasha 5 Item No. 73 O.A. No. 3204/2018 Staff. Subsequently by an order dated 30.01.2003, the matter was reconsidered and it was decided to grant the lower pay scale to the CSIR Raj Bhasha Staff on the analogy that the posts of CSIR were isolated posts. By an OM dated 10.10.2006, CSIR constituted a Committee for examination and recommendations of pay scales of Raj Bhasha Staff in CSIR and thereafter on 11.02.2003, the Govt. of India further revised the pay scales to the various posts of Official Language including the post of Junior Hindi Translator, Senior Hindi Translator and Hindi Officer (AD) notionally w.e.f. 01.01.1996 and actually w.e.f. 11.02.2003. After the 6th Pay Commission, vide OM dated 24.11.2008 of the Ministry of Home Affairs, Department of Official Language, the pay scales were further revised w.e.f. 01.01.2006.
On 04.10.2008, the CSIR accepted the recommendation of the 6th Central Pay Commission and granted the revised pay scale to the applicants at par with CSOLS w.e.f. 01.01.2006, implying that prior 6 Item No. 73 O.A. No. 3204/2018 to 01.01.1996 and post to 01.01.2006, the applicants were granted pay scales at par with CSOLS except for the period from 01.01.1996 to 31.12.2005, the applicants were granted lower pay scales. Aggrieved by the same, the applicants have approached this Tribunal in an OA No.158/2018, which was disposed by order dated 08.02.2018, with a direction to the respondents to decide the pending representation of the applicants by way of passing a reasoned and speaking order.
In compliance of the same, the respondents have rejected the cause of the applicants by an order dated 19.06.2018. Aggrieved by the same, the applicants have preferred this O.A. seeking the following reliefs:-
"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 19.6.2018 (Annex. A/1), declaring to the efffect that the same is illegal, arbitrary and discriminatory and consequently pass an order directing the respondents to consider and to grant the revised pay scale of Rs.5500-9000, Rs.6500-
10500 and Rs.7500-12000 to the Hindi Translator, Senior Hindi Translator and Hindi Officer (Assistant Director) respectively w.e.f. 01.01.1996 and consequently pass an order directing the respondents to consider and to grant the revised pay scale of Rs.5500-9000, Rs.6500-10500, Rs.7500- 7 Item No. 73 O.A. No. 3204/2018 12000 to the Junior Hindi Translator, Senior Hindi Translator and Hindi Officer (A.D.) with effect from 01.01.1996 on notional basis and with effect from 11.02.2013 on actual basis with all consequential benefits including the arrears of difference of pay and allowances in the light Hon'ble SC judgment dated 25.7.13 in SLP(C) No. 17419/2009 and in connected cases.
(ii) That the Hon'ble Tribunal may further graciously be pleased to pass an order directing the respondents to revise the pay of the applicants as per the OM dated 24.11.2008 and OM dated 19.09.2013 with effect from 01.01.1996 with all the consequential benefits.
(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation."
3. In support of their claim, the learned counsel for the applicants states that the Recruitment Rules for the posts of Junior Translator, Senior Translator and Hindi Officer (Asstt. Director)-OL in CSIR are same as with the Department of Official Language and all the Notifications of the Govt. of India, Office Memoranda issued from time to time were fully applicable to the CSIR and, therefore, there was no reason or justification for not revising the pay scales of Hindi Staff in CSIR and granted only the corresponding pay 8 Item No. 73 O.A. No. 3204/2018 scales. He argues that the competent authority of the CSIR by an order dated 02.08.2000 considered and approved the adoption of the same scales as applicable to the staff of Department of Official Language, Govt. of India to the CSIR Raj Bhasha Staff itself. There was no reason, or justification for re- consideration of the said decision and grant the lower pay scale to the CSIR Raj Bhasha Staff.
The order dated 02.04.2004, issued by the Ministry of Home Affairs, Department of Official Language revised the pay scales to the various posts of Official Language including the posts of Junior Hindi Translator, Senior Hindi Translator and Hindi Officer and were to be extended notionally w.e.f. 01.01.1996 and actually w.e.f. 11.02.2003.
He further draws support from the judgment rendered by the Hon‟ble Apex Court in Union of India & Ors. vs. Rajesh Kumar Gond with connected matters (supra). The Hon‟ble Apex Court has conclusively decided the present controversy and extended the pay 9 Item No. 73 O.A. No. 3204/2018 scales to various Ministries and Departments for its employees of the Official Language Cadre. He states that by an order dated 02.04.2004; the pay scales to the various posts of Official Language including the post of Junior Hindi Translator, Senior Hindi Translator and Hindi Officer were notionally revised w.e.f. 01.01.1996 and actually w.e.f. 11.02.2003. The Recruitment Rules for the posts of Junior Translator, Senior Translator, Hindi Officer/Asstt. Director in CSIR were at par with the Department of Official Language, Ministry of Home Affairs. The duties, functions and responsibilities etc. were also similar. Accordingly, Notifications of the Govt. of India, Office Memoranda issued from time to time were fully applicable to the respondents as well. Therefore, there was no reason or justification for not revising the pay scales of Official Language Staff on the analogy of the Official Language cadre at CSOLS. By virtue of the present O.A., the applicants only seek the 10 Item No. 73 O.A. No. 3204/2018 implementation of the OMs dated 08.11.2000, 24.11.2008 & 27.11.2008 in true letter and spirit.
4. Learned counsel for the respondents vehemently opposes the O.A. and draws support from the counter reply that CSIR is not an organized cadre as the cadre of CSOLS service. On recommendation of the Committee constituted to review the entire scheme for career development of staff belonging to isolated category, the Governing Body, CSIR in its 155th meeting held on 19.12.2002 approved the Recruitment Rules for the entire isolated category of staff keeping in view the fact that under the CSOLS promotions are vacancy based whereas CSIR Raj Bhasha Staff are covered under isolated category and promotion is assured on completion of prescribed number of years of service. The same was notified by a Circular dated 30.01.2003.
5. It is further argues that CSIR Raj Bhasha Staff (Isolated category) was placed in the revised pay scales w.e.f. 01.01.2006. Vide Circular dated 11 Item No. 73 O.A. No. 3204/2018 04.10.2008 in accordance with the instructions contained in Ministry of Finance, Department of Expenditure OM dated 24.11.2008 followed by Corrigendum issued on 27.11.2008 revising the pay scales for Official Language posts in various Subordinate Offices of Central Government as given below:-
Post/Grad Pre-revised Name Corresponding Correspond e pay scales of Pay Pay ing Grade Band Bands/Scales Pay /Scal e Junior 5000-150- PB-2 9300-34800 4200 Hindi 8000 to be Translator placed in 6500-10500 w.e.f.
1.1.2006
Senior 5500-175- PB-2 9300-34800 4600
Hindi 9000 to be
Translator placed in
7450-225-
11500 w.e.f.
1.1.2006
Hindi 6500-200- PB-3 15600-39100 5400
Officer 10500 to be
placed in
8000-275-
13500 w.e.f.
1.1.2006
Senior 8000-275- PB-3 15600-39100 6600
Hind 13500 to be
Officer placed in
10000-325-
15200 w.e.f.
1.1.2006
12
Item No. 73
O.A. No. 3204/2018
*Sr. Hindi 10000-325- PB-3 15600-39100 6600
Officer (SG) 15200
*Note: to be considered for promotion in the grade pay of Rs.7600 on completion of required service in the grade".
6. Learned counsel for the respondents argues that on the recommendations of Dr. Vikram Kumar Committee for implementation of 6th CPC in CSIR were placed before the Governing Body in its 174th meeting held on 11.08.2009 and the following amendments were made:-
"In the light of the view expressed by Secretary (Expenditure), Governing Body, CSIR ratified the approval accorded by DG, CSIR for implementation of 6th CPC, to the extent they were consistent with the provisions of CCS (RP) Rules, 2008 and Department of Expenditure's other instructions on the matter. Wherever pay scales are inconsistent with the provisions of CCS (RP) Rules, 2008, the matter is to be re-examined in consultation with FA, CSIR."
7. The IFD, CSIR vide its Note dated 13.11.2009 commented that in view of the discussions with the Secretary (Exp.) and Ministry of Finance officials, it was not possible to deviate from the 6th Pay Commission recommendations. It was further 13 Item No. 73 O.A. No. 3204/2018 advisable that CSIR fall in line & roll back, except for the Hindi Bhasha Isolated category posts for which the category which may be referred to Ministry of Finance seeking guidance/concurrence. Accordingly, a proposal for placement of CSIR Raj Bhasha Staff at par with the Pay Scales granted to the staff belonging to CSOLS w.e.f 01.01.2006 was sent to Ministry of Finance, Deptt. of Expenditure for their concurrence vide a Note dated 12.08. 2011.
8. Learned counsel for the respondents further submits that after various communications held between CSIR Hqrs. and Ministry of Finance on this issue, Ministry of Finance vide their Note dated 02.02.2016 conveyed to CSIR that it was not found feasible to agree to the proposal due to disparity in hierarchy and pre-revised pay scales between the Official Language posts of CSIR and CSOLS. The Audit Para No. 5.1 Report No. 17 of 2017 on "Management of Human Resources in CSIR", it was observed that CSIR neither merged both the posts nor 14 Item No. 73 O.A. No. 3204/2018 withdrew the higher Grade Pay already granted by it to its Hindi Officers/Sr. Hindi Officers.
9. With respect to the reduction of the residency period from 11 years to 09 years in respect of CSIR Raj Bhasha is concerned, it is stated that the issue was pending with Ministry of Finance and no decision was taken as yet.
10. Heard the learned counsel for both the parties.
11. We have gone through the counter reply, it has not been disputed that the applicants are not performing same duties, functions and responsibilities at par with the similarly designated persons working in other Ministries/Departments. The OMs dated 8.11.2000 and 24.11.2008 are examined, we have no doubt that both OMs are unambiguously clear. In compliance with the directions of the aforesaid OMs, it was incumbent upon the respondents to fix the pay of the applicants at par with their counterparts at 15 Item No. 73 O.A. No. 3204/2018 CSOLS. For better appreciation, the aforesaid OMs are reproduced herein below:
OM dated 08.11.2000 No.12/2/97-OL(S) GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS DEPARTMENT OF OFFICIAL LANGUAGE LOKNAYAKBHAWAN, KHAN MARKET NEW DELHI,DATED: 08thNovember 201 OFFICE MEMORANDUM The undersigned is desired to say that the Department of Expenditure, Ministry of Finance have directed that all posts of Junior Translators and Senior Translators in the offices outside this Secretariat (Subordinate Offices), except in the Central Translation Bureau, earlier in the pre-revised pay scales of Rs.1400- 2300/Rs.1400-2600 and Rs. 1500-2600/Rs. 1640- 2900 respectively may, w.e.f. 1.1.1996 be placed in the revised pay scales of Rs. 5000-8000 and Rs. 5500- 9000 respectively. It is imperative that all Ministries/Departments may please take necessary action in this respect at the earliest and endorse copies of the relevant orders issued in this regard to the Department of Official Language and the Deptt. of Expenditure.
(M.L.GUPTA) JOINT SECRETARY TO THE GOVERNMENT OF INDIA"
OM dated 24.11.2008 "F.No.1/1/2008-IC Government of India, Ministry of Finance, Department of Expenditure Implementation Cell 16 Item No. 73 O.A. No. 3204/2018 New Delhi, dated the 24th November, 2008 OFFICE MEMORANDUM Subject: Revised pay scale for Official Language posts in various subordinate offices of the Central Government.
Consequent upon the implementation of the recommendations of Sixth Central Pay Commission, this Department has received queries from many Ministries/Department regarding the revised pay structure applicable in the case of Official Language posts existing in subordinate offices of the Central Government. In this connection, it is clarified that in accordance with the recommendations of the Sixth Central Pay Commission as accepted by the Government, similarly designated posts existing outside the Central Secretariat Official Language Service (CSOLS) cadre in various subordinate offices of the Central Government have been granted the same pay scales as those granted to CSOLS. The Government has notified the following revised pay structure for the Official Language cadre belonging to CSOLS :-
Designation Recommended Corresponding Grade Pay
Pay scale Pay Band
Jr. Translator Jr. Translator PB-2 4200
Sr. Translator 7450-11500 PB-2 4600
Asstt. Director 8000-13500 PB-3 5400
(OL
Dy. Director 10000-13500 PB-3 6100
(OL)
Jt. Director 12000-16500 PB-3 6600
(OL)
Director (OL) 14300-18300 PB-3 7600
17
Item No. 73
O.A. No. 3204/2018
2. Accordingly, w.e.f. 1.1.2006, all
Ministries/Department etc., are required to grant the revised pay scales approved for various posts in the CSOLS to similarly designated Official Language posts existing in their subordinate offices."
6. It is seen that issue has already been decided by a Coordinate Bench of this Tribunal at Allahabad on 11.05.2022 in OA No.1568/2017- Bhagwan Das & Another vs. Union of India & Ors., the relevant paragraph of the said order reads as under:-
"8. The controversy in the present OA hinges upon the two office memorandums dated 24.11.2008 and 13.11.2009, which have already been referred to earlier, issued by the Ministry of Finance, Department of Expenditure. We have absolutely no doubt in our mind that in terms of office memorandum dated 24.11.2008 it was decided that junior translators posted in the Ministries and departments as also in their subordinate offices will be awarded the pay scale of Rs. 6500- 10500/- in pay Band-II carrying the Grade pay of Rs.4200/- in accordance with the recommendations of the Pay Commission. It is not in dispute that the applicants on that particular date were holding the post of junior translator and hence this office memorandum is applicable in their case. Further, this decision was amended vide the subsequent memorandum dated 13.11.2009 which approved the proposal for up- gradation of posts which were in the pre revised pay scale of 6500-10500/- as on 01.01.2006. It is pertinent to emphasis here that vide the earlier OM dated 24.11.2008 the post of the applicants, w.e.f. 01.01.2006, had been up-graded to the pay scale of Rs. 6500-10500/-. Therefore, the subsequent memorandum would also be applicable in their case, this memorandum states that the Grade pay 4200/- in the 18 Item No. 73 O.A. No. 3204/2018 scale of 6500-10500/- is now upgraded to a Grade pay of Rs. 4600/- w.e.f. 01.01.2006. Therefore, we have no doubt in our mind that the case of the applicant is squarely covered by the provisions of this office memorandum as also the earlier office memorandum. We have already referred to the various pronouncements of the different Benches of the Tribunal on this issue in the preceding paragraph of this judgment. The Guwahati Bench of this Tribunal in OA No.344 of 2017 dated 14.03.2019 has held that "it is settled position of law that the decision of Hon‟ble Court of Law are binding to all similarly situated person. In the case of Inder Pal Yadav and Ors. Vs. Union of India and Ors., reported in (1995) 2 SCC 648, the Hon‟ble Apex Court held that - „Relief granted by the court is to be given to other similarly situated employees without forcing them to court for similar benefits‟. In the case of State of Karnataka and Ors. Vs. C. Lalitha reported in (2006) 3 SCC 747, the Hon‟ble Apex Court held that - „Service jurisprudence evolved by this Court from time to time postulates that all persons similarly situated should be treated similarly. Only because one person has approached the court that would not mean that persons similarly situated should be treated differently."
7. Further the facts and issue involved have been put to rest by the Hon‟ble Apex Court in Union of India & Ors. vs. Rajesh Kumar Gond with connected matters (supra). The relevant paragraphs of the said judgment reads as under:-
"The respondents herein were working as Senior Translators/Assistant Directors in the offices under the Ministry of Defence. They also sought parity with the translators in the Central Secretariat which has been granted by the Central Administrative Tribunal, Chandigarh by its judgment dated 18.5.2009. That judgment is left undisturbed by the Punjab and Haryana 19 Item No. 73 O.A. No. 3204/2018 High Court in C.W.P. No.23126 of 2010 by its order dated 23.3.2011.
xxx xxxxxx The respondent in this appeal was working as a Junior Hindi Translator in the office of the Commissioner of Central Excise- I, Kolkata. He claimed parity of pay with the Junior Translators who were working in the Central Secretariat. In his case also, what we find is that there is no functional distinction as far as the work of these translators is concerned. Therefore, we do not take a different view. The civil appeal is dismissed. There will be no order as to costs. Interim orders will stand vacated."
8. In light of the OMs dated 08.11.2000 and 24.11.2008 and the judgment of the Hon‟ble Apex Court in Union of India & Ors. vs. Rajesh Kumar Gond with connected matters (supra) which have been reproduced hereinabove, the fact that the applicants on the relevant dates were holding the posts of Junior Hindi Translator, Senior Hindi Translator, Hindi Officer/Asstt. Director (OL), the OMs were applicable in their case as well. Subsequently, OM dated 13.11.2009, approved the proposal of upgradation of posts from the scale of Rs.6500-10500 with the post in the scale of Rs.7450-11500 w.e.f. 01.01.2006. The OM dated 08.11.2000, makes it explicitly clear that it was imperative for all the 20 Item No. 73 O.A. No. 3204/2018 Ministries/Departments to take necessary steps in extending the revised pay scales w.e.f. 1.1.1996 itself. The Hon‟ble Apex Court in Union of India & Ors. vs. Rajesh Kumar Gond with connected matters (supra) held that there was no functional distinction as far as the work of these translators at different departments/Ministries of the Govt. of India is concerned. Since the benefits have been extended to the applicants w.e.f. 01.01.2006, while they are seeking from the retrospective date, i.e. 01.01.1996. Respondent themselves, have fully examined the case and extended the benefits to the applicants from 01.01.2006, clearly establishes that the applicants are discharging similar duties and responsibilities, and were similarly and identically placed in Hindi Cadre of CSOLS. As the applicants were discharging the duties on the said posts, on the relevant dates as well, there cannot be any justification in restricting the extension of pay scales to 01.01.2006.
21Item No. 73 O.A. No. 3204/2018
9. For the reasons stated hereinabove, the O.A. stands Allowed. Impugned order dated 19.06.2018 (Annexure A-1) is quashed and set aside. The applicants are entitled to grant revised pay scale of Rs.5500-9000, Rs.6500-10500 and Rs.7500-12000 to the Hindi Translator, Senior Hindi Translator and Hindi Officer (Assistant Director) respectively from the date of their appointments on notional basis and actually with effect from 11.02.2013. The competent authority amongst respondents shall issue appropriate orders for grant of revised pay scale of Rs.5500-9000, Rs.6500-10500 and Rs.7500-12000 to the Hindi Translator, Senior Hindi Translator and Hindi Officer (Assistant Director) respectively from the date of their appointments on notional basis and actually with effect from 11.02.2013 and take steps for re-fixation of their salary/pension and emoluments accordingly. The applicants shall be awarded all consequential benefits including the arrears of difference of pay and allowances. These directions 22 Item No. 73 O.A. No. 3204/2018 shall be complied with within a period of six months from the date of receipt of a certified copy of this order.
No order as to costs.
(Pratima K. Gupta) (Tarun Shridhar)
Member (J) Member (A)
cc.