Madhya Pradesh High Court
Vikrant Kumar vs Union Of India Ministry Of Finance on 6 January, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 6th OF JANUARY, 2025
WRIT APPEAL No. 2400 of 2024
KARTIK KUMAR
Versus
UNION OF INDIA MINISTRY OF FINANCE AND OTHERS
WITH
WRIT APPEAL No. 2376 of 2024
ROBIN MAMGAIN
Versus
UNION OF INDIA AND OTHERS
WRIT APPEAL No. 2378 of 2024
SHEKHAR EVANE
Versus
UNION OF INDIA AND OTHERS
WRIT APPEAL No. 2381 of 2024
PIYUSH GUPTA
Versus
UNION OF INDIA MINISTRY OF FINANCE AND OTHERS
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 10-01-2025
5.55.39 PM
HEMANT KUMAR PARASTE
Versus
UNION OF INDIA MINISTRY OF FINANCE AND OTHERS
WRIT APPEAL No. 2383 of 2024
NITIN SHRIVASTAVA
Versus
UNION OF INDIA MINISTRY OF FINANCE AND OTHERS
WRIT APPEAL No. 2384 of 2024
MANOJ KUMAR
Versus
UNION OF INDIA MINISTRY OF FINANCE AND OTHERS
WRIT APPEAL No. 2385 of 2024
PANKAJ SINGH THAKUR
Versus
UNION OF INDIA MINISTRY OF FINANCE AND OTHERS
WRIT APPEAL No. 2386 of 2024
RAHUL SHAHARE
Versus
UNION OF INDIA MINISTRY OF FINANCE AND OTHERS
WRIT APPEAL No. 2398 of 2024
LOKESH CHAKRWARTI
Versus
UNION OF INDIA MINISTRY OF FINANCE AND OTHERS
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 10-01-2025
5.55.39 PM
NEUTRAL CITATION NO. 2025:MPHC-IND:544
3
W.A. No.2400 of 2024 & 10 Others
WRIT APPEAL No. 2399 of 2024
VIKRANT KUMAR
Versus
UNION OF INDIA MINISTRY OF FINANCE AND OTHERS
Appearance:
Shri Ayush Jain, learned counsel for the appellants in all the appeals.
Ms Shraddha Singh learned counsel for respondent No.1 / Union of India.
Shri Vivek Patwa learned counsel for respondents No.2 & 3.
O R D E R
Per : Justice Vivek Rusia Since controversies involved in these appeals are identical in nature, with the joint request of parties, these appeals are analogously heard and decided by this common order. Facts of Writ Appeal No.2400 of 2024 are narrated hereunder.
The appellant / writ petitioners has filed the present writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 30.08.2024, whereby W.P. No.23044 of 2024 along with other writ petitions have been disposed of by the Writ Court.
02. Facts of the case, in a nutshell, are as under:-
2.1. The Security Printing & Minting Corporation of India Limited (SPMCIL) is a wholly owned Miniratna Category-I company of the Government of India, incorporated on 13.01.2006. The management, control, maintenance and operations of the erstwhile 9 production units under the Currency and Coinage division, Department of Economic Affairs, Ministry of Finance, Government of India, were transferred to SPMCIL. SPMCIL is engaged in the Signature Not Verified Signed by: RAVI PRAKASH Signing time: 10-01-2025 5.55.39 PM papers, Non-Judicial Stamp Papers, Postal Stamps & Stationery, and Travel Documents viz. Passport and Visa, Security certificates, Cheques, Bonds etc. Nine production units comprise four India Government Mints, two Currency Note Presses, two Security Printing Presses and one Security Paper Mill, such as; (i) India Government Mint, Mumbai (ii) India Government Mint, Kolkata (iii) India Government Mint, Hyderabad (iv) India Government Mint, Noida (v) Currency Press Note, Nashik (vi) Bank Press Note, Dewas
(vii) India Security Press, Nashik (viii) Security Printing Press, Hyderabad and (ix) Security Paper Mill, Narmadapuram.
2.2. The writ petitioners initially joined the Security Printing & Minting Corporation of India Limited (in short 'SPMCIL') [BNP, Dewas Unit] in the capacity of Supervisor (Control). He was getting the CDA pay scales of Rs.9300/- + 4200/- Grade Pay. 2.3. Respondent No.1 vide Order No.F. No.2/2/2008-SPMC/367 dated 27.06.2012 introduced the IDA pattern of pay scales for Executive and Non-unionized Supervisors. The Under Secretary to the Government of India, Ministry of Finance issued an order dated 27.06.2012 for changing over from CDA pattern of pay scales to IDA pattern pay scales subject to the seven conditions mentioned therein. The pay scales of the Supervisor were changed from Rs.9300 - 34800/- to Rs.12300 - 25400/- in the corresponding IDA pay scales. As per condition No.(vi) all the employees were directed to submit an option to migrate from the CDA pattern to the IDA pattern in terms of para - 8 of the Memorandum of Settlement signed on 15.09.2008. 2.4. The SPMCIL vide letter dated 07.07.2012 directed all the Signature Not Verified Signed by: RAVI PRAKASH Signing time: 10-01-2025 5.55.39 PM Mill about the change over to IDA pattern of pay scale in respect of Executives and Non-unionized Supervisors of SPMCIL w.e.f. 27.06.2012. In this order also, a direction was given to obtain a duly completed option form for changeover to IDA pattern of the pay scale in a prescribed format 'B'. After introduction of the aforesaid IDA pattern pay scales, vide letter dated 14.09.2012, the incentive payment of the Non-unionized Supervisors was discontinued. All these writ petitioners have accepted the changeover of the pay scale by submitting the option forms and were given the benefit of IDA pattern pay scales.
2.5. The employees working in the Security Paper Mill (SPM), Hoshangabad approached the High Court of Madhya Pradesh, Principal Seat at Jabalpur by way of Writ Petition No.16364 of 2012 challenging the orders issued for changing the pattern of the pay scales. Vide order dated 01.10.2012, while issuing the notice by way of interim relief, it was directed that the benefit extended to the members of the petitioners' Union shall not be withdrawn pursuant to the order dated 14.09.2012. Therefore, in view of the interim order, the benefit of the IDA pattern pay scale was not extended to the employees of SPM, Hoshangabad and continued to get the CDA pattern pay scale.
2.6. The SPM Employee Union, Hoshangabad entered into a settlement with the Management of SPM, Hoshangabad, and accordingly, the writ petition was dismissed as withdrawn on 14.07.2017. According to the writ petitioners, by way of settlement, the employees of SPM, Hoshangabad have been getting better pay Signature Not Verified Signed by: RAVI PRAKASH Signing time: 10-01-2025 5.55.39 PM submitted a representation to the CMD, SPMCIL for removing the disparity by awarding the 7th Pay Commission from the year 2016 to them, and thereafter, filed a writ petition before this Court seeking direction to the respondents to rectify the basic pay scales of the petitioners and bring him at part with that of counterpart SPM, Hoshangabad. None of the writ petitioners filed a copy of the settlement along with the writ petition to substantiate the allegations made in the writ petition.
03. After issuance of notices, respondents No.2 & 3 filed a reply by submitting that based on the cabinet decision dated 02.09.2005, the Government of India set up the SPMCIL and merged all the nine units under the Currency & Coinage Division of the Department of Economic Affairs, Ministry of Finance into the aforesaid Public Sector Enterprises. All the nine units of SPMCIL work independently of each other and engage in different functions. The respondent Bank Note Press (BNP), Dewas and SPM, Narmadapuram are manufacturing banknotes of various denominations and high-quality bank notes and other security papers. The SPM, Narmadapuram is the only paper mill in the country which produces high-quality banknotes and other security paper. The paper manufactured by the SPM, Narmadapuram Unit used for printing of currency notes by CNP, Nasik and BNP, Dewas.
4.1. The respondents have specifically denied that both the units are different from each other and SPM, Narmadapuram is different from BNP, Dewas. The service conditions, work atmosphere, and various perks are different in both units. For example; the BNP, Signature Not Verified Signed by: RAVI PRAKASH Signing time: 10-01-2025 5.55.39 PM three shifts.
4.2. It is further submitted that SPM, Narmadapuram is the only paper mill in the country which produces high-quality Bank Notes and other Security Papers. The papers manufactured by this Unit are used for Currency Notes by CMP, Nashik and BNP, Dewas and for Non Judicial Stamp being printed by ISP, Nashik and SPP, Hyderabad.
4.3. The respondents have also raised an objection about the maintainability of the writ petition on account of efficacious alternative remedies to approach the Grievance Redressal Mechanism (GRM) of SPMCIL. The respondents have denied that the writ petitioners cannot claim parity with the employees of Security Paper Mill (SPM), Narmadapuram because the writ petitioners did not object to the changeover from the CDA pattern pay scale to the IDA pattern pay scale in the year 2012 and enjoying the benefits till date.
05. After hearing learned counsel for the parties, the Writ Court has disposed of the writ petitions by observing that the writ petitioners have an alternative remedy before the GRM. Further, the writ petitioners were directed to file an appropriate application before the competent authority under GRM within a period of three weeks from today. The GRM was directed to consider the grievance of the writ petitioners and take a decision thereon within a period of four months. After the aforesaid order, none of the writ petitioners approached the GRM and filed a writ appeal before this Court.
06. At the very outset, Shri Vivek Patwa, learned counsel appearing for respondents No.2 & 3 submitted that the writ Signature Not Verified Signed by: RAVI PRAKASH Signing time: 10-01-2025 5.55.39 PM complied with the order passed by the Writ Court and rejected the claim of the petitioners by passing a detailed speaking order dated 21.12.2024 and he has produced the said order before this Court.
07. Shri Ayush Jain, learned counsel appearing for the appellants argued that the Writ Court ought to have decided the writ petitions on merit instead of relegating the writ petitioners to the GRM. The writ petitioners claimed parity in the pay scale with the employees of SPM, Narmadapuram as the writ petitioners are holding the transferable post and they are liable to be transferred to SMP, Narmadapuram and vice versa. The service conditions, and nature of work of the writ petitioners and the employees of SPM, Narmadapuram are the same, therefore, there cannot be two sets of pay scales between them. Shri Jain has referred to the Transfer Guidelines dated 17.06.2014 which provides for intra-unit transfer and posting including redeployment of the employees of Mint Presses & Paper Mill under the SPMCIL.
7.1. Shri Jain, learned counsel further submitted that for the writ petitioners, the cut-off date for calculation of pay scales under IDA pattern pay scales is 27.06.2012, whereas the employees of SPM, Narmadapuram, the cut-off date for calculation of pay scales under IDA pattern pay scales was taken as 01.01.2017 which does not pass the twin test intelligible differentia reasonable nexus and violates Article 14 of the Constitution of India.
08. Heard learned counsel for the parties at length and perused the record of the case.
09. It is not in dispute that when the changeover from CDA Signature Not Verified Signed by: RAVI PRAKASH Signing time: 10-01-2025 5.55.39 PM 08.10.2011 and implemented vide order dated 27.06.2012, none of the writ petitioners raised any objection. It was made clear in both orders that the benefit shall be given after obtaining the option form for changeover to IDA pattern pay scales in a prescribed format. The writ petitioners must have submitted the option in the proper format and got the benefit of pay scales. The employees of SPM, Hoshangabad approached the High Court challenging the said pattern and did not agree to changeover to IDA pattern pay scales. Later on, the Management entered into a settlement with them and granted the benefit of IDA pattern pay scales w.e.f. 01.07.2017. Till 2016, they all were getting less pay scales from the writ petitioners because they approached the High Court challenging the said changeover, therefore, the writ petitioners cannot claim parity with them because there is a separate agreement between the Union and the Management, due to which they were getting the benefit.
10. So far as the remaining eight units are concerned, all the officers and employees were shifted to IDA pattern pay scales in the year 2012 after obtaining consent from them. The Writ Court granted liberty to the writ petitioners to submit their grievance before the GRM, but the writ petitioners chose not to approach the said forum and in compliance with the order passed by the Writ Court, the GRM has rejected the claim by passing a reasoned and speaking order on 21.12.2024. The contents of the said order are reproduced below:-
'' वषय : माननीय उ च यायालय के आदे श के अनुपालन हे तु ी
राहुल सहारे के करण पर आदे श
1. यािचकाकता ी राहुल सहारे ने करण र ट यािचका .
23057/2023 के तहत ितवा दय को अपने मूल चेतनमान म
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Signed by: RAVI PRAKASH
Signing time: 10-01-2025
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Court to challenge the aforesaid order by way of writ petition.
12. The SPMCIL has established a Grievance Redressal System for fast and timely redressal of grievances of the employees of all the nine units. This System works online and employees may submit their grievances such as bill payment, recruitment, product quality, delivery, pension, PF, HR matters, discrimination etc. Despite the direction given by the Writ Court, the writ petitioners did not approach the GRM / GRS. The Writ Court did not commit any error by directing the petitioner to approach GRS / GRM. Hence, we do not find any reason to interfere with the order passed by the Writ Court.
13. In view of the above, all the Writ Appeals stand dismissed.
Let a copy of this order be placed in the connected writ appeals also.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
Ravi
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 10-01-2025
5.55.39 PM