Central Administrative Tribunal - Delhi
Jasbir Singh vs M/O Environment And Forests on 31 October, 2018
Administrative Tribunal
Principal Bench
OA No.4510/2014
MA No.1410/2016
New Delhi, this the 31st day of October, 2018
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Ms. Aradhana Johri, Member (A)
Jasbir Singh,
Administrative Officer (Retd.)
S/o Late Balwant Singh
Age 61 years,
R/o H. No. 325, Prem Nagar,
Wing No. 7, Dehradun -248007.
... Applicant
(By Advocate : Shri R.K. Kapoor)
Versus
1. The Secretary
Ministry of Environment and Forests and Climate Change
4th Floor, Jal Indira
Aliganj, Jor Bagh Road,
New Delhi.
2. The Director General
ICFRE
P.O. New Forest,
Dehradun (Uttarakhand)-248006.
..Respondents
(By Advocate : Shri Sushil Kumar Tripathi for Shri Gyanendra
Singh
Shri Sanjay Katyal)
2
OA No4510/2017
ORDER (ORAL)
Justice L. Narasimha Reddy, Chairman :-
The applicant was an employee of Indian Council of Forestry Research and Education (ICFRE), Dehradun. By the year 2012, he was holding the post of Sr. Private Secretary in the PB-2 with Grade Pay Rs.4800/-. The then Director General, ICFRE is said to have converted the vacant post of Research Officer (Statistics) in Pay Band-3 with Grade Pay of Rs.5400, into that of 'Administrative Officer' and appointed the applicant against it through an order dated 21.12.2012. The applicant retired from service on 31.07.2013, on attaining the age of superannuation.
2. The order of appointment of the applicant as Administrative Officer, became the subject matter of verification by the Ministry of Environment. Serious objection was raised to the steps taken by the then Director General. Ultimately, an order was passed on 15.05.2014, taking a view that the appointment of the applicant as Administrative Officer through order dated 21.12.2012 is totally illegal and uncalled for, and accordingly, it was cancelled. It was also directed through an order dated 3 OA No4510/2017 26.11.2014 that a sum of Rs.56115/- being the difference of salary/retirement benefits, between the post of Administrative Officer and the post of Sr. Private Secretary, shall be recovered from the applicant. These orders are challenged in this OA.
3. The applicant contends that once he has been appointed by Competent Authority, there was no justification for the successor officers to cancel the order, that too after he retired from service. It was also stated that he was not put to notice and the order of cancellation is patently illegal.
4. Respondents filed counter affidavit opposing the OA. It is stated that the post of Administrative Officer did not exist in the Organisation at all, and the Director General did not have the power to convert one post into another. It is also stated that the entire exercise was examined by the Ministry and the applicant does not derive any benefit or right on account of such a patently illegal exercise.
5. We heard Shri R.K. Kapoor, learned counsel for applicant and Shri Sushil Kumar Tripathi for Shri 4 OA No4510/2017 Gyanendra Singh and Shri Sanjay Katyal, learned counsel for respondents.
6. It is rather unfortunate that in a reputed Organization like ICFRE, the highest administrative authorities have resorted to steps which shock the conscience of anyone who has the basic idea about the administration. The entire establishment is well defined and various cadres are provided under the Recruitment Rules. It is only a Government which can change or alter the cadres or their strength. The Director General has no power at all to meddle with the structure of the Organization.
7. There did not exist the post of Administrative Officer at all, in the Organisation. However, the then Director General has chosen to convert one post of Research Officer (Statistics) into that of Administrative Officer. The steps taken by him in this direction are totally and patently illegal. Further he did not seek approval of the competent authority i.e. the concerned Ministry.
8. One can understand, if the person so appointed, in deviation of the prescribed procedure, is a man of high 5 OA No4510/2017 accomplishment such as a reputed scientist and his services are immediately needed to the Organization. The applicant was just a Senior Private Secretary and he was made to hold the post of a Research Officer (Statistics) by converting it to that of Administrative Officer. One rarely comes across such dubious exercises. Added to that, left over service of the applicant was only seven months. The whole episode discloses that there was an a well planned effort to somehow appoint the applicant as Administrative Officer, that too by creating a post by way of conversion with the objective of getting certain things to be done and to boost his last drawn pay, before retirement.
9. It is only when the Ministry raised objections and higher authorities expressed their surprise/shock over the entire episode, that the corrective steps were taken. It was declared that the appointment of the applicant as Administrative Officer is illegal and it was cancelled. The principles of natural justice hardly come into play in matters of this nature. It is only when there existed a post of Administrative Officer and the applicant had a lawful claim against it, that the question of issuing notice to him for cancellation would arise. The post was non-existent and the applicant was the only person considered for it. It 6 OA No4510/2017 is well settled that the principles of natural justice do not come into play when an effort is to undo the fraud.
10. Coming to the question of recovery or alternation of the structure of the pension, two aspects become relevant. The first is as to the salary paid to the applicant for the period between 31.12.2012 and 31.07.2013. It was for the work done by him, albeit, against a non-existent post. During that period, he was otherwise entitled to work on the post of Sr. Private Secretary. The only difference is that he was paid in excess for the post of AO since he worked in that capacity. The respondents cannot be permitted to recover that amount.
11. The second aspect is the fixation of the pension. If on account of the applicant retiring from service while holding the post of AO, his pension was fixed by taking a salary attached to that post, it needs to be re-determined on the basis of the salary drawn by him in the post of Sr. Private Secretary. The difference of pension paid so far can be recovered in easy instalments not exceeding Rs.5000/- per month. If the pension is fixed on the salary for the post 7 OA No4510/2017 of Sr. Private Secretary, no steps need to be taken. The OA is disposed of accordingly.
There shall be no order as to costs.
Pending MAs, if any, stand disposed of.
( Aradhana Johri ) ( L. Narasimha Reddy)
Member (A) Chairman
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