Madras High Court
Union Of India vs /13 on 12 July, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
WP Nos.38801 and 38802 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
WP Nos.38801 and 38802 of 2015
1.Union of India,
Represented by Director,
Department of Telecom,
New Delhi.
2.The Assistant Director General (Per. and III)
BSNL, New Delhi.
3.The Chief General Manager,
Central Telegraph Office,
Chennai-600 001.
4.The Senior Superintendent Telegraph (Admn)
Central Telegraph Office,
Chennai-600001.
5.Senior Accounts Officer,
Central Telegraph Office,
Chennai-600 001. ... Petitioners in both WPs
versus
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1.The Registrar
Central Administrative Tribunal-Madras Bench
Chennai. ...First respondent in
Both WPs
2.S.Vedantham ...Second respondent in
in W.P.No.38801 of 2015
3.BSNL SC/ST Employees Welfare Association,
Reg No.47083/03,
Represented by its General Secretary,
S.Jeyaraj,
No.47, Balakrishnapuram,
4th Street, Adambakkam,
Chennai. ...Second respondent in
in W.P.No.38802 of 2015
PRAYER in WP Nos.38801 and 38802 of 2015: Writ Petition filed under
Article 226 of the Constitution of India, for the issuance of a writ of
Certiorari to call for the order passed by the first respondent in TA Nos.12
and 13 of 2009 dated 18.11.2010 and to quash the same as illegal.
For the Petitioners :Mr.MJeevanandam
for Mr.S.Udayakumar
For the Respondents :first respondent -Tribunal
Not ready notice-second respondent
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WP Nos.38801 and 38802 of 2015
C?OMMON ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.)
W.P.No.38801 of 2015
This writ petition is filed for the issuance of a writ of Certiorari to
call for the order passed by the first respondent in TA No.12 of 2009 dated
18.11.2010 and to quash the same as illegal.
2. Brief facts of the case:
2.1 The second respondent herein has joined the telegraph office as
Telegraphist on 11.01.1986. He belongs to reserve category (SC & ST). In
the year 1983, one time bound promotion Scheme was introduced (OTBP),
under which employees who have completed 16 years of service will be
given financial upgradation by promotion from Grade 1 to Grade 2.
Subsequently, as per DOT No.11-14/83-NCG dated 04.08.1989, the
requirement of completion of 16 years was reduced to 10 years in the case
of SC/ST candidates against short fall vacancies. As the second respondent
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belongs to schedule caste community, even though he has not completed 16
years of service, he was promoted to Grade 2 on 06.12.1996. In the
meantime, a biennial cadre review (BCR) Scheme was introduced by the
Government in the year 1991, as per which, employees who have
completed 26 years of service would become eligible for promotion from
Grade 2 to Grade 3. Subsequently, in this Scheme also a concession was
given to the members of the SC/ST candidates as per Letter No.1-62/85-
NCG (Vol II) dated 13.02.1992 to the extent that in the place of 26 years, if
they had completed 17 years of service, they would be considered eligible
for the aforesaid Scheme and accordingly based on the said concession, the
petitioner on completion of 17 years of service, also got the second time
promotion in the year 2003.
2.2. On 20.04.1999 instructions were issued by the Government on
the pay scales of OTBP/BCR officials inducted into the restructured cadres
on completion of 16-26 years of service. Subsequent to this, a
communication dated 12.05.2000 was sent to the second respondent herein
stating that the officials who were pre restructed cadre under short fall
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vacancies are not eligible for higher pay scales as prescribed in the order
dated 20.04.1999 and therefore the placement of the second respondent in
the higher pay scale of Rs.5000-150-8000 granted to the second respondent
with effect from 28.06.1999, even before the completion of 16 years of total
service, has been withdrawn and accordingly he will continue in the lower
pay scale of Rs.4500-125-7000.
2.3. Challenging the same, the second respondent filed OA No.83 of
2001 which came to be allowed by order dated 11.01.2001. However, the
department has been consistent in not granting the higher pay scale of
Rs.5000-150-8000 to the second respondent. Therefore, the second
respondent has filed W.P.No.32314 of 2003, which was transferred to the
Central Administrative Tribunal and renumbered as transferred application
No.12 of 2009. The Tribunal, by order dated 18.11.2010, has allowed the
said application. Challenging this order of the Tribunal, the department has
filed the instant writ petition.
3. Learned counsel appearing for the petitioners relying upon the
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undisputed facts would submit that in the year 1996 on completion of 10
years of service, the second respondent herein has availed the benefit under
OTBP Scheme, that is one time bound promotion, and again as per the BCR
Scheme, on completion of 17 years of service in the Department availed the
benefit in the year 2003. That being so, pursuant to the instructions dated
20.04.1999 issued on the pay restructure relating to short fall vacancies, the
Department, has passed an order dated 16.03.2000, stating that officials who
are promoted to OTBP/BCR of pre structured cadre under short fall
vacancies are not eligible for the higher pay scales as prescribed in the order
dated 20.04.1999 unless they have completed a total service of 16/26 years.
In pursuance of the order dated 16.03.2000, the Department has passed an
order dated 12.05.2000 stating that the second respondent placement in the
higher pay scale is being revised and he will be placed in the OTPB scale of
pre-structured cadre from the due date. Thereafter, the Department has
passed an order dated 30.05.2000 stating that officials who were promoted
to OTBP of pre restructured cadre against shortfall vacancies and
subsequently placed in the higher pay scale of Rs.5000-150-8000 with
effect from the dates before completion of 16 years of service are withdrawn
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from the higher pay scales and placed in the OTBP scale of Rs.4500-125-
7000 in the pre structured cadre.
4. Learned Standing Counsel for the petitioner Department drew the
attention of this Court stating that based on the instructions dated
20.04.1999 relating to restructure of pay scale relating to short fall
vacancies, the clarification order was issued by the Department of
Telecommunication on 16.03.2000, which was forwarded to all concerned
by communication dated 29.03.2000. He further admitted that a mistake has
been committed in fixing the scale of pay, which has been modified as per
order dated 12.05.2000 and therefore, according to the petitioner
Department, the order is perfectly valid and therefore, there is no warrant to
for interference and allow the writ petition.
5. He further submits that the said order dated 12.05.2000 has been
passed only for revised scale of pay with prospective effect and not for
recovery of the amount, which has already been paid to the respondent
herein.
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6. Heard the parties and perused the materials available on record.
7. The order dated 12.05.2000 has been passed only for the revised
scale of pay with prospective effect and not for recovery of the amount,
which has already been paid to the respondent herein. Therefore, based on
the submission made by the learned counsel for the petitioner Department,
the contention of the petitioner Department that recovery order has been
passed against the second respondent herein cannot be accepted. Therefore,
we will not discuss on the issue whether recovery order has been passed to
recover the amount, which has availed by the respondent.
8. Now the issue to be decided in the present writ petition is whether
the order dated 12.05.2000 passed based on the circular dated 20.04.1999
and 16.03.2000, by revising earlier order which granted benefit by relaxing
the prescribed period of 26 years of service can be accepted.
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9. We have carefully perused the circular dated 20.04.1999 and the
same reads as under:
"2.The matter has been examined in details and
the following decision have been taken.
i) The officials who after getting qualified
and training enter the restructure cadre before
completion of 16 years of service in the pre-
restructured cadre shall be placed in the pay
scales indicated below or completion of 16 years
of total services including that considered in other
pre-restructured cadre provided that he/she has
put into minimum of 4 years of service (including
officiating spell) int the restructured log.
Phone Mechanic Rs.4000-100-6000
Sr.TOA & TTA Rs.5000-150-8000
2.The officials who after fretting qualified
and trained enter the restructured cadre after
appointment in the OTBP of the pre-restructed
cadre shall be placed in the following pay scales:-
Phone Mechanic Rs.4000-100-6000
Sr.TOA & TTA Rs.5000-150-8000
2. Similarly, the officials after getting qualified
and trained, enter the restructured cadre after
appointment in the BCR of the pre-restructured
cadre, shall be placed in the following pay scales.
Phone Mechanic Rs.4000-125-7000
Sr.TOA & TTA Rs.5500-175-9000
3.The officials who after qualified and trained
enter the restructured cadre after appointment in
the OTEP of the pre-restructured cadre as well as
the officials who enter the restructured cadre
before completion of 16 years i.e.as per para (1)
above, on completion of 26 years of total service
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including that rendered in the pro-restructured
feeder cadre shall be placed int eh following pay
scales.
Phone Mechanic Rs.4500-120-7000
Sr.TOA & TTA Rs.5500-175-9000
4.The eligibility conditions for placement in the
scales indicated at para(1),(2) and (3) above,
shall not be applicable to those Phone Mechanic
who are indicated from the cadres of Regular-
Mazdoor, Temporary Status, Mazdoors and other
Group 'D'.
5.Placement of Officials in the higher pay scale
mentioned in para (1)(2) and (3) above shall be
with pay fixation under FR 22(1)(a)(2),
6.The officials shall be placed in the respective
pay scales in accordance with par (1)(2) and (3)
above with effect from 1st December 1998."
10. It is seen that the aforesaid order has been implemented with
effect from 01.12.1998 retrospectively. We have carefully perused the
proceedings dated 20.04.1999. The second respondent has availed the
benefit under the earlier circular in Letter No.1-62-85-9CG (Vol II) dated
13.02.1992 issued by the Department to the effect that under the BCR
Scheme, the SC/ST candidates would be given promotion even on
completion of 17 years of service. In the proceedings dated 20.04.1999,
there is no reference regarding the earlier circular issued by the Department
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dated 13.02.1992. Further, the said order dated 20.04.1999 has been issued
giving retrospective effect from 01.12.1998. Hence, by relying upon Letter
No.1-38/MPP-98 dated 16.03.2000 of DOT, revising the scale of pay of the
second respondent vide proceedings dated 12.05.2000 and 30.05.2000 is
totally unsustainable and without having authority such order has been
passed. Therefore, we are of the view that the said circular dated 12.05.2000
followed by circular dated 30.05.2000 will not apply to the facts of this
case. In such circumstances, we are not inclined to interfere with the order
of the Tribunal in TA No.12 of 2009 dated 18.11.2010. There is no merit in
the writ petition. Consequently, the writ petition stands dismissed. There
shall be no order as to costs.
11. W.P.No.38801 of 2015.
11.1. This writ petition has filed by BSNL SC/ST Employees Welfare
Association on the very same issue as in W.P.No.38801 of 2015.
11.2. Since the issue involved in both the writ petitions are similar,
this writ petition is also dismissed on the same lines. Hence, we are not
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inclined to interfere with the order of the Tribunal in TA No.13 of 2009
dated 18.11.2010. There is no merit in the writ petition. Consequently, the
writ petition stands dismissed. There shall be no order as to costs. MP No.1
of 2015 and MP No.1 of 2015 are closed.
[D.K.K., J.] [K.B., J.]
12.07.2024
Index : Yes/No
Neutral Citation : Yes/No
mrn
To
1.The Registrar
Central Administrative Tribunal-Madras Bench,
Chennai.
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WP Nos.38801 and 38802 of 2015
D.KRISHNAKUMAR, J.
and K.KUMARESH BABU, J.
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