Central Administrative Tribunal - Patna
Gyanendra Kishore Prasad vs Council Of Scientific And Industrial ... on 30 October, 2024
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O.A. No. 051/00014/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH,
CIRCUIT BENCH AT RANCHI
O.A. No. 051/00014/2020
Order reserved on: - 17.10.2024
Order pronounced on: -30.10.2024
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, MEMBER [A]
HON'BLE MR RAJVEER SINGH VERMA, MEMBER [J]
Gyanendra Kishore Prasad s/o Late Babu Jugal Kishore Prasad, aged
about........, r/o Birbir Niwas, Malviya Road, Near Sati Mandir,
Boddom Bazar, Hazaribag-825301, Jharkhand.
.........Applicant
Versus
1. The Union of India through the Secretary, Ministry of Science and
Technology, Government of India, New Delhi. 110001
2. Director General, Council of Scientific and Industrial Research,
Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001.
3. The Director, CIMFR [erstwhile CFRI], P.O. FRI, Dist. Dhanbad.
- 828108
4. Administrative Officer, CIMFR [erstwhile CFRI] P.O. FRI, Dist.
Dhanbad-828108
........Respondents
For Applicant:- Smt. Mohini Gupta, Advocate
Respondents:- Shri Abhay Prakash, ASC
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O.A. No. 051/00014/2020
ORDER
PER:- RAJVEER SINGH VERMA, MEMBER [J]
1. Applicant in this OA retired from the post of Sr. Hindi Officer in the Central Institute of Mining and Field Research, Dhanbad on 28.02.2009. In this OA, the applicant has prayed for following reliefs: -
"a) Quashing and setting aside part of the directions contained in Letter no. 5-1 (250)/2015-PD dt. 03.04.2019 (Annexure Al) wherein arbitrarily, against the principles of natural justice and unilaterally and against the rules, the applicant has been held to belong to isolated cadre while no such cadre exists in the department and have tried to show disparity on non-practical basis.
b) Direct the respondents to decide the representations of the applicant.
c) Direct the respondents to treat the applicant at par with his counterpart in the Ministry of Home Affairs, Department of Official Language, Government of India and thereby to give all consequential benefits including payment of arrears with interest from the due date.
d) Impose heavy costs upon the respondents for unnecessarily delaying grant of benefits on superfluous grounds while benefits have already been granted to similar situated employees.
e) Cost of the application.
f) Any other order(s) / direction(s) as this Hon'ble Tribunal considers fit and proper in the circumstances of the case."
2. The applicant is aggrieved by non-classification of the post of Hindi Translator as Administrative or Technical post resulting in 3 O.A. No. 051/00014/2020 denial of career advancement benefits to him as applicable to employees on Administrative or technical sides in CSIR. He was also not granted benefit under ACP Scheme. Earlier he filed OA No. 582 of 1999 which was disposed of by the Tribunal vide order dated 09.10.2003 with direction to respondent no.2 to decide the representation of the applicant within four months. When no order was passed by the respondent concerned, he filed CCPA No. 12 of 2004. Thereafter, respondent no.2 gave a hearing to the applicant and passed order dated 15/14.04.2005 rejecting the claim of the applicant.
3. Thereafter, applicant challenged the said order in OA No. 55 of 2006[R]. The said OA was disposed of by the Tribunal vide order dated 13.11.2009 with direction to respondent no.2, DGCSIR to further consider the balance remaining portion of the request of the applicant to fix him in either technical or administrative side of categorization of posts in CSIR, after examining nature of work, so that his further career progress is ensured. In compliance with the said order of the Tribunal, respondent no.2 passed order which has been communicated to the applicant vide letter dated 11.06.2010 issued by Administrative Officer, CIMFR, Dhanbad.
4. Applicant filed OA No. 38 of 2011 against order dt. 11.06.2010 so issued by the Administrative Officer. This OA was disposed of by the Tribunal vide order dt. 12.11.2014 with the 4 O.A. No. 051/00014/2020 observation that in the light of foregoing discussion, while the prayer of the applicant is rejected, the respondents are advised to clarify the position in respect of points raised in the paragraph 15. of this order and inform the applicant. If it is found that parity with Rajbhasha Department's posts as claimed by the respondents, has been disturbed at some stage, then the matter of granting benefit of such parity be examined and a reasoned and speaking order be passed.
5. Para 15 of the said order dt. 12.11.2014 passed in OA No. 38/2011 is as under: -
"On perusal of the order passed in O.A. No. 55 of 2006 which was heard and decided with O.A. No. 369 of 2000 on 13.11.2009, we note that the Tribunal did not find any fault with the order passed by the DG, CSIR communicated to the applicant through Annexure A/7 dated 04.02.2005 annexed with that O.A. It only observed that one aspect of the request of the applicant for categorizing the post either in technical or administrative side in CSIR has not at all been addressed and the matter was remitted back in that context to pass order. In the impugned order, the DG, CSIR has mentioned that the "posts of Hindi Translator/ Hindi Officer falling under Raj Bhasha staff have, therefore, been rightly classified as isolated category in CSIR and therefore, do not seem to be any 5 O.A. No. 051/00014/2020 justification for their being classified as technical or administrative."
6. In pursuance of order dt. 12.11.2014 passed by this Tribunal in OA No. 38/2011, the Administrative Officer issued an order on 23/24.07.2015 (Annexure-A/8). applicant again filed an OA No. 586/2018 with MA No. 278/2018 before the Tribunal for following reliefs: -
"8(a) Quashing and setting aside part of the directions contained in Letter No. OA/38/2011/274 dt. 23/24.07.2015 (Annexure-A/1) wherein arbitrarily, against the principles of natural justice and unilaterally and against the rules, the applicant has been held to belong to isolated cadre while no such cadre exists in the department and have tried to show disparity on non-practical basis.
(b) Direct the respondents to decide the representations of the applicant.
(c) Direct the respondents to treat the applicant at par with (c) Dir his counterpart in the Ministry of Home Affairs, department of Official Language, Government of India and thereby to give all consequential benefits including payment of arrears with interest from the due date."
7. The said OA No. 586/2018 was disposed of by the Tribunal vide order dt. 14.09.2018 (Annexure-A/9) with the observations that "without entering into the merits of the case with direction to respondent no.2 (Director General, Council of Scientific and Industrial Research, Anusandhan Bhawan, 2 Rafi Marg, New Delhi- 6
O.A. No. 051/00014/2020 110 001) that if any such representations have been preferred by the applicant and the same are still pending consideration, then the same may be considered, along with the instant OA treating it as part of the representations. The respondent no.2 is directed to pass a reasoned and speaking order within a period of six weeks from the date of receipt of this order."
8. A detailed order dt. 03.04.2019 was issued by the administration in pursuance of the order dt. 14.09.2018 of the Tribunal passed in 586/2018 and the demand for up-gradation of pay scale for Hindi Officer from Rs. 6500-10500 to Rs. 7500-12000 (pre-revised) raised by Shri Gyanendra Kishore Prasad in his representation as well as in the OA for parity with the staff of CSOLS cannot be acceded to on the reasons inter alia mentioned therein.
9. Now, in a fifth round of litigation, the applicant again filed the present OA No. 14/2020 for reliefs mentioned in para 1 above.
10. We have heard the argument of the ld. app and ld. counsel for respondents in detail.
11. The case of the applicant and the arguments of the ld. counsel for applicant are summarized as under: -
(i). Without adverting to the aspect that applicant deserves to the benefit at par his counterpart in the department of Official Language, Ministry of Home Affairs, Govt. of India, in case 7 O.A. No. 051/00014/2020 of any shortfall on the score of the Respondents. (Annexure A/3) the respondents by their letter dt. 23/24.07.2015, without adverting to the confusion and without hearing the petitioner again held that there are 4 categories of posts. However, while acknowledging their mistake and partly corrected it and placed him in the scale of Rs. 10000-15200 from date of his promotion i.e. 13.05.05 till 31.12.05 only.
(ii). That the same is only an eyewash and the respondents have only tried to wriggle out by misinterpreting the order and without clearing the confusion. The said letter and directions has been issued without hearing the petitioner and hence the same is in violation of the principles of natural justice.
(iii). That admittedly there are only three category of posts and no posts are left out which is evident from the fact that no isolated posts were earmarked pursuant to the letter dt.
16.11.1978. (Annexure A4.) Even otherwise no parity has been maintained from the due date.
(iv). That it is stated that the maintenance of parity with the Department of Official Language dates back to the year 1987 as envisaged in CSIR Circular No. 2(178)/A/86-Con (BII) dt. 15.07.1987(Annexure A5).
(v). That even if the claim of the respondents and reliance in letter dt. 02.08.2000 is concerned the same only furthers and brings 8 O.A. No. 051/00014/2020 into effect the previous circular. Also, even if the same is concerned, the respondents cannot ignore the order dt. 02.04.04 of the Official Language (Hindi) for drawing parity with the applicant to his post of Hindi Officer. (Annexure A6).
(vi). That as per the said order, the Department of Official Language enhanced the payscale of Assistant Director (Official Language) i.e. Hindi Officer from 6500-10500 to 7500-12000 w.e.f. 11.02.03 allowing notional benefit from 01.01.96. However, illegally the respondents have ignored the same. The applicant by his representations dt. 10.09.15, 19.08.16, 17.11.16 and 14.03.17 have time and again brought the same to the notice of the respondents. (Annexure A7 series).
(vii). That it is worth to state here that the respondents are adopting pick and choose method and on the one hand they are limiting the applicant's claim, while in the case of Smt. Anita Kumar, Hindi Teacher and applicant's colleague, in identical situation, she has been given the due enhancements retrospectively by giving parity with the Department of Official Language by issuance of OM No. CFRI/188/Anita/2000 law dt. 11.07.10. (Annexure A8). 9
O.A. No. 051/00014/2020
(viii). That as is evident the applicant is only being made to suffer without any basis.
(ix). Applicant's counsel further relied upon the order of Principal Bench of this Tribunal passed in OA No. 3204/2018 dated 18.04.2023 with following observations: -
"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 shall be complied with within a period of six months from the date of receipt of a certified copy of this order."
12. The case of respondents & arguments of the ld. counsel for respondents are summarized as under: -
(i). That in pursuance with the order dt. 14.09.2018 passed by this Tribunal in OA No. 586/2018, DG, CSIR vide letter no.10
O.A. No. 051/00014/2020 5-1(250)/2015-PD dated 03.04.2019, has passed an order concluding part of which is "After various communications held between CSIR Hqrs and Ministry of Finance on this issue, Ministry of Finance vide their UO Note no. 38(1)/E.III(B)/2012 dated 02.02.2016 conveyed to CSIR that it has not been found feasible to agree to the proposal due to disparity in hierarchy and pre revised pay scale between the official language posts of CSIR and CSOLS. In view of the above facts, the demand for upgradation of pay scale for Hindi Officer from Rs.6500-10500 to 7500-12000 (Pre- revised) raised by the applicant in his representation as well as in the OA for parity with staff of CSOLS cannot be acceded to."
(ii). Prior to receipt of present OA, the applicant has filed four numbers of OA viz. (i) OA No. 582/1997 which was disposed off on 09.10.2003 (ii) OA No. 55/2006 which was disposed off on 13.11.2009 (iii) OA No. 38/2011 which was disposed off on 12.11.2014 and (iv) OA no. 586/2018 which was disposed of on 14.09.2018. And accordingly order of Hon'ble CAT has been complied by the respondents.
(iii). This OA pertains to consideration of his case as per GOI Order to be made applicable to him and to treat the applicant at par with his counterpart in the Ministry of Home Affairs, Department of Official Language, Govt. of India and thereby to give all consequential benefits.
(iv). Since CSIR did not adopt the post of Assistant Director (Rajbhasha) and the post of Hindi Officer has been kept in Isolated category which still exists in CSIR. And thus his case has no merit for consideration.
(v). That the categorization of posts in CSIR is not only in three cadres but in four cadres i.e. Scientific, Technical, 11 O.A. No. 051/00014/2020 Administrative and Isolated. It is stated that the respondents complied the Order dated 13.11.2009 passed by the Hon'ble Tribunal in OA No. 55/2006 stating that "the services in CSIR are broadly classified under categories i.e. Scientific, Technical, Administrative and Isolated. The Scientific and technical staff in CSIR is such as is expected to use existing scientific and/or technical knowledge/ method/ technique towards solutions of problems. They have distinct technical qualifications and experience for each grade for recruitment. Likewise, posts of Assistants and Stenographers under Administrative cadre and their recruitments and promotions are governed by Administrative Services (Recruitment and Promotion) Rules, 1982, as amended from time to time. The qualification required for these posts are different than those of Raj Bhasha & technical staff and the duties attached to them are also clearly administrative in nature.
(vi). The posts like Junior Hindi Translator etc. have been created under specific directions of Govt. of India, Department of Official Language for specific purpose in order to promote the usage of Hindi. The natures of duties attached to these posts are entirely different from that of the technical and administrative staff. Further these are non cadre posts, and therefore, have been classified as isolated posts in CSIR. Their promotions are not vacancy based but on the basis of "Assured Career Progression" on completion of 11 years as per notification issued by the CSIR under its own bye-law.
(vii). The posts of Hindi Translator/ Hindi Officer falling under the Raj Bhasha staff have, therefore, been rightly classified under isolated category in CSIR and therefore, do not seem to be justified for their either being classified as technical or administrative.
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(viii). That while compliance of the order dated 12.11.2014 passed by the Hon'ble Tribunal in O.A. No. 38 of 2011 (R), CSIR adopted the pay scale of staff of Department of Official Language, GOI, for CSIR Rajbhasha staff. Further, it was decided that existing Hindi Officers, who may have already got promoted from the pre- revised grade of Rs. 2000-3500 (revised scale Rs. 6500-10500) to the scale of Rs. 2200-4000 (pre revised) (revised Rs. 8000-13500) would be placed in the pay scale of Rs.3000-4500 (pre revised) (revised Rs. 10000- 15200) notionally w.e.f. the date of their promotion with actual monetary benefit from the date of this notification. The case of the applicant has been examined and found that he is eligible for the scale of Rs. 10000-15200/- w.e.f. 13.05.2005 i.e. from the date of his promotion. Accordingly, by complying the Order of Hon'ble CAT, the applicant is placed in the pay scale of Rs. 10000-15200/- from the date of his promotion i.e. from 13.05.2005 and till 31.12.2005. He has already been placed in the grade pay of Rs. 6600/- w.e.f. 01.01.2006 as per recommendation of 6th CPC vide this office O.M. No. 8/3419/2004- El dated 12.12.2008. All consequential benefits thereof as been paid to the applicant.
(ix). The circular of Department of Official Language, Home Ministry mentioned by the applicant states that pay scales have been revised in respect of Junior Translator, Senior Translator and Assistant Director (Rajbhasha). Here the claim of the applicant for getting the pay scale of Assistant Director (Rajbhasha) is not valid as CSIR, being an autonomous body did not accept the post of Assistant Director (Rajbhasha). Hence, the said claim of the applicant is baseless.
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(x). The allegation as made by the applicant like "pick & choose"
is sarcastic on the part of the applicant. Order of the Hon'ble Tribunal in the matter of Smt. Anita Kumar states that OA is allowed, with the directions to the respondents to consider her request to treat her case also at par with her counterparts in the Official Language Department of the Govt. of India.
(xi). On the other hand in the same Order in respect of Sh. G.K. Prasad the Hon'ble Tribunal states that he (Sh. Prasad) succeeds only partially, in as much as while upholding the contents of the order of DG, CSIR a direction has been issued to DG, CSIR, to further consider the balance remaining portion of the request of the applicant to fix him either in technical or administrative side of categorization of the posts in CSIR, after examining the nature of his work. Now it is very much clear that the above Order dated 13.11.2009 passed by the Hon'ble Tribunal has already been complied after examining the nature of his work and rightly classified categorization of posts in CSIR, the post of Sh. G.K. Prasad has been kept in the Isolated category.
(xii). There is no any ground to make eligible for consideration of applicant's case as the case of the applicant had already been decided, and the previous Order of the Hon'ble Tribunal has already been complied. As such, the same is barred under the Principle of 'res-judicata'.
(xiii). This case is his own creation of the applicant because there is no question of parity, as CSIR did not adopt the post of Assistant Director (Rajbhasha) and Isolated category exists in CSIR.. Hence, there is no merit in the case and fit to be rejected.
(xiv). The order dated 18.04.2023 passed in O.A. no. 3204/2018 by the Central Administrative Tribunal, Principal Bench, New 14 O.A. No. 051/00014/2020 Delhi relied by the applicant, has been challenged by the respondent CSIR by filing writ petition being WPC 3266/2024 before the Hon'ble Delhi High, wherein vide order dated 4/3/24, the above order dated 18.04.2023 has been stayed."
13. Keeping in view of the fact that this is fifth round of litigation and according to applicant certain representations are still pending before the respondents for consideration & decision thereon, it may be appropriate that we dispose of this OA without entering into the merits of the case with direction to respondent no. 2 (Director General, Council of Scientific and Industrial Research, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110001) that if any such representations have been preferred by the applicant and the same are still pending consideration, then the same may be considered, along with the instant OA treating it as part of the representations. The respondent no. 2 is directed to pass a reasoned and speaking order within a period of three months from the date of receipt of this order.
(Rajveer Singh Verma ) (Kumar Rajesh Chandra)
Member (J) Member (A)
du/-