Central Administrative Tribunal - Mumbai
Dr S K Pandey vs M/O Defence on 7 June, 2019
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CENTRAL ANMINTSTRAPTVE TR TRINNY.
MUMBAT BENCH, MUMBAT.
O.B, No. By4/e014
So sy:
Date Of Decision: s7" Tuse, _ . 2019.
CORAM: Dr. BHAGWAN SAHAT, MEMBER (A).
R.N. SINGH, MEMBER (7).
Dr. S.K. Pandey, age 42 yrs.,
eon of Shri Lalchand Pandey, and working as
Assistant Professor, National Defence
Nhadakwasla, Pune~ 411 G24,
(R/o: D-3 Area, L68/A, N.DLA., Ehadakwasla
Pune- 411 024.
.. Applicant,
{By Advocate Ms. Sujatha Krishnan}
Versus
i. The Union of India,
Through the Secretary,
Ministry of Defence, DHO. PlO.,
scuth Block, New Delhi- Lio oot.
Be The Secretary,
Department of Education,
Govt. of Arunachal Pradesh,
Etanagar ~ 792 103 (Arunachal Pradhesh} .
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i Director (Pers.),
i ted Defence Staff,
Ministry « of Defence,
Rashmir House, New Delhi-~ Lio Oli
4. The Commandant
National befence Academy,
Khadakwasla, Pune- 411 023.
5S. The Principal,
National Defence Academy,
Rhadakwasia, Pune- 411 9023
6. The Secretary
F
ants Commission, Bahadur Shah
2 Lhi- Lid O62.
7. me Registrar,
iria Insts tute of Technology and Science,
Piiaai ~3353 O32 {Rajasthan}.
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Pompey de ane Me BS sprig PRE
WOT RS MO AES (AAP
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+. Bespondants .
(By Advocate Shri V S Masurkar & Shri Kunal
Kirpaiani}
Reserved on 7 08, 04.2019
Pronounced on : 0}. 6é<10)8
ORDER
FER:- De. Bhagwan Sahai, MEMBER {A).
This tu pplication has been flled by Shri S.R.Pandey on 05.05.2014 under Section i3 of the Administrative Tribunals Act, 1985.
He seeks quashing and setting aside of th impugned orders dt. 20.06.2013 and 30.04.2012 passed by the respondents (Annex Al & A2); declaring him eligible and entitled for getting counted his service rendered as We Lecturer under State Government of Arunachal). Pradesh as well as with Birla Institute of Technology & Science, Pilani in view of orders of Ministry of Human Resources Development {HRD}, Government of India and regulations issuec by University Grants Commission (USC} Fron time to time;
direction fo respondent Nos. 1, 3 & 4. te & ia c case by holding a review meeting . .
consider Ai of Screening Committees to promote him to post an which he Joined with NDA; and grant of consequential benefits including arrears of pay and allowances along with cest of this DA.
2. Briefly stated facts:
x Ct tT 2 (a) The applicant has stated that af passing his M.A. Examination from Banaras Hindu University in 1995 and completing PALD.
Degree programme with Mahatma Gandhi: Kashi t Yidyapesth, Banaras in 2003, he worked as Assistant Profess sor(English) as a teaching faculty member at Jawaharlal Nehru Govt.
College, Pasighat dist., East Siang, under ie the State Government of Arunachal Fradhesh From 2B.1TL.bSoe trill Bl. 200 when his resignation was accepted by the State Government of Arunachal Pradesh (Order dt.
shy ct © 16.07.2004, Annex A-4}. From 05.04.2009 96.01.2006, he worked as Lecturer (English) with BITS, Pilani.
ey Thereafter, on being selected by th UPSC For the post of Lecturer(English), by Order of Ministry of Defence, Gove. Of India Bi ihe De rence Pyics yy yyy "ha eo DMaseh Dk ba FALL AS ak Lebo xo RAL 26.09.2007, issued by Commandant, NDA, Khadakwasla, Pune, he satisfactorily completed his probation.
2 {b) After Joining at the NDA, he. represented on 22.02.2006 for counting his previous service with the State Government of Arunachal Pradesh and BITS, Pilani for pensionary benefits under the Old Pension Scheme of 1972 after condoning a break of service during the period of his working with BITS, Pllani. He also requested for fixation of his pay based on the last pay drawn by him under the State of Arunachal Pradesh. on, BR 2{e) A letter in this regard was also sent by the Commandant, NDA, Khadakwasla to Controller of Defence Accounts, Southern Command, PunejAnnex A-6) on 03.03.2006 and again on 22.02.2007 but no reply was oD 2 {a} The applicant claims that he becam ¥ due for upgradation to the past of Senior a BN * a + aR my ogee 4 ae ¢ = , nit hecturer in January £010 as per stipsulations py nes rant he se * < na hes
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ee coo under f CAP EST Seheme OF Tec ~ ~ pe gy wy eo 4A ~ ~ Af.
because of eampiletior OF Four yeara oof service with the NDA, For counting his past services rendered with the State Go overnment of Arunachal Pradesha and BITS, Pilani, he further submitted representations on 14.20.2010 6 O3.11.2010 pleading that he should be granted wpogradation under the Career Advacement Scheme as per the UGc MS © % "3 SG Woe » Regulations ab. 24.4 nex . Be However, he did noth receive any reply to his representations and at iast, he received a a reply on 29.01.2011 from the Registrar of NDA stating that on his case, ¢ eply had already been sent on 06.11.2010 (Annex A-12}.
2te) -- Aegrieved by this action of the cespondents, the applicant states that he submitted another detailed representation through proper channel to the Secretary, A 202.2011 he Ministry of Defence, New Delhi oon i:
explaining how his service rendered earlier a8 Dbecturer with the State Government of Gis Arunachal Pradssh and BITS, Pilani {ta deemed University} has not been counted by the respondents for his career advacement. His we er yee Ss BAe y SRS a re meres am & ae A wpa ee ~ yee yds od dos, DSS ODORMEM WO 4 Was aiso rarwareed n> Principal Director {Personnel}, New 'Delhi, recom vending his case. But even that did not result in any response, Due ta denial of promotion to him under the Career Advancement cheme of UGC by the respondents, the present OA has been filed.
3. Contentions of the parties. eae CO The applicant contends that:
3 {a) the respondents have given benefit of counting earlier service to a number of teaching faculty members in view of letter ot : In the vee UGO db. 27.11.2920 {Annex A-20 it pe Cs 6:
od bes a above letter, it has been catego:
stated that no distinction should he made with reference to nature of management of the institution where previous sarvice was, rendered(private/local body/Government}, LE ] Che TeLevant o£ my © rh aria ee.
Aa % o alas AEs olacement in Senior Scale/Selction Grade under the Career v 8 Advancement Scheme For Lecturers satisfied. In. view of this, the applicant i £2 tt r rH: -
y entitied for counting of his earlier service with o-the State overnment or Arunacheand under tha Career Advancement Scheme of UGC; 3 (>) under DoPEt OM dt. O1.6 . 1998 (Annex A-2l) also, Government dacision has been communicated that all appointments by direct recruitment are in public interest and benefit af "counting &@ previous Group-A service Lo meet conditions oF minimum eligibility for recruiltment/service rules at the ELme OF lateral entry on direct recruitment as qualifying service For Lor to higher grades will be 3 KH o S O cr admissible;
3 {ea} the NDA is affiliated with Jawaharial Nehru University, New Belhi and the UGC notification on Career Advancement Scheme being applicable to all Central Universities, contention of the respondents is contrary to the statutory provisions laid down by the Ministry of HRD and UGC. The Ministry of Rh isd a part of Central Government
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and therefore, the NDA ard Ministry of De rea ind elt, "
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SEEM Ot a yh Sook Seven seed gaa esr TEIMOL Acne Oor CG Erpre rant FH2SeS OF view sey feces wet ed he hy ee vopeed ge he which are inconsistent with the policy erders rN fe te ty os, wey coy +3 aye ed 2h pepe of the Ministry of HERD and usc, The TGS regulations have already been adopted by the neither a Competent Authority ner is empowered to deviate from the UGC Regulations:
° rh and rules of Ministr ry HRD. In view OM these, the applicant's service rendered earlier with the State Government of Arunachal Pradesh and BITS, Pilani should be counted For pensionary benefits; and 3{d} Ene applicant has also cited a decision of the Tribunal in OA Ne. #€73/2013 Barnwal Vs. Union of India & Ors. holding that quidelines issued by UGC for counting past service for benefits under Career iy Advancement Scheme should be followed. THis decision of the Tribunal was challenged by the respondents in Writ Petition No. 584/20° heed CF along with SLX other weit petitions. However, these petitions have been dismissed by the High Court order dt. 29.03.2018. © + rejoinder and arguments contend that 3 te} there is no provision in the existing rules governing the service of the applicant as a Civilian Academic Officer of the NDA for counting any of his service for CaArear } od oy bs tA @ i qj poe t "y a Advancement other than regu rendered with the NDA. Individuals joining the Mentral Government service arter x Ui.01.2004 are governed by New Fension Scheme (NPS). Since the applicant 'joined at the NDA in January 2006, he is governed by the New Pension Scheme. After resigning from the State Government of Arunachal. Pradesh, the applicant served with BITS, Pilani which mm a a Was a non-pensionable Service, Hh employment at BITS, Pliani is a clear break in Ris Government service and therefore, he is net entitled for inclusion under the Old Pension Scheme;
3{f) for granting benefits under the Career Advancement Scheme and pension rules, the Competent Authority for NBA is the Ministry of Defence. Since the Competent Authority the request of the applicant fer considering his previous: Service with the AFP State movermment and BITS, Pilani, the NDA is nasot competent to accept his request. Provisions of the UGC Regulations do not become automatically applicable to the staff of NDA unless they are specifically adepted by the Ministry of Defence. and made applicable c& the NDA Staff. in order ta retain talented faculty, the Career Adv racement Scheme of UGC has also been extended toa the staff working with NDA but for eligibility under this Scheme at NDA, no previous service is counted and only the regular service rendered at NDA is counted for pay protection, pensionary QQ. 3ig)} the applicant was neither holding any lien on his post with the State Government of Arunachal Pradesh nor he dotned the NDA the State Government ef Arunachal BITS, Pilani in between, the applicant has fete my et el already forfieted his earlier service for the ses ae s = 5 pa ee oe MeN ewe yy Wes to; Velo. DEITY S LOM FMLA AEDS 5 3 th} as per Ministry OF ~ Ned imstructions dt. 19.12.2000, for a Lecturer € at NDA to become eli iD iibe for placement LC oy {i .o Lecturer{Senior Scale}, he or she has ¢t complete Six years of service with NDA after regular appointment, with relaxation of one and two years for those with M.Phil and Ph.D. degrees respectively. Accordingly, the 6 us Sereening Committee for Career Advancement Soy © Scheme for Lecturers at NDA did not consider the past service of the Lecturers rendered By outside of NDA and only the performance and length of. regular service of Lecturers with the NDA were considered by the Screening Comnltitee;
3 (2) there is na discrimination against ane fter the letter from B 3 the applicant fs dt. 25.03.2009, the benefit has not been »o4 granted to any other similariy situated faculty member. Only those provisions of UGC reguiations xelated to pay package are applicable to the academic staff of NDA which % toe sos « Ty aye pan PEG Oe Co pss bok wee gud may Aas a3 her SO EASE bE ¥ coat CEs fay gE 2 x at NM Sacto & r We " SEA oR a oes oe fe oer ss spe Nay SLMS U RS ¥ A233. Phe fe hee EE OR SEAS LO hime da Aas oa rr oad fiat he KO Co os 4 O in Dp fas Cy ce sad os v3 LA been done vide order TQ pay scales and Career Advancement Scheme applicable to NDA. Thi ih order does not provide for counting of past service 'for benefit under the Career Advancement Scheme.
7Therefore, the past service of the apolicant cannot be counted for benefit under Eh Career Advancement Scheme; and 3{3) . the NDA is associated with the JNU, New Delhi only for the limited purpose of award of graduate degrees to the NDA cadets bes and the UGC regulations are not applicable to NDA mutatis mutandis and only such portions of the regulations apply to NDA which NAVE ©:
been specifically adopted by the Ministry of Defence. im view of these provisions and stipulations, the OA has no Justification and é 1% should be dismissed, 4 (a) AS per gec notification dt. 24.12.1998, minimum qualifications for appointment of teachers in Universities and ca colleges and measures for maintenance of o ® Rew aN Mw! Me, on Ms. standards Para 7.2 placement of a Lecturer in Senior Secale, the procedure prescribed is of selection on completion of six years eof service after regular appointment, with relaxation of ons year and two years, respectively, for thosa with M.Phil and Ph.D degrees. Such selection is made based on qualifications stipulated under para 7.1.1 & 7.1.4 of those guidelines.
Para 7.1.4 stipulates that the Selection Committee for career advancement shall be the seme as that for direch recruitment for each 4{b) Since these guidelines/stipulations have been notified by UGC on 24.12.1998, the guidelines contained in earlier letter o 27.11.1990 are of no relevance;
Ale) In this OA, we find that the applicant has taken shifting stand -
{i} -In his representation dt. 29.02.2012 (Annex A-1i5, page 52), he sought condonation of break in his service and counting of his service with the Arunachal Pradesh State Government Far pension and protection of pa uncer Liem No. U (page b) and in Para 8 ib} under reliefs in this GA He has sought x ef ware a mS whe k AAD eK 8 a 2 we Mate fhe aountin OE both pericds of his a: er AQUILEIA EEC hau PLES MSE hed Ok EL eariiea service i.e. with the State Government of pte Arunachal Pradesh and with BITS, Pilani. {in} In para 9 of his representation dt. 14.02.2011 (page 48}, he sought incorporation in the moda alities for Career Advancement Scheme of a clause for counting of pas services and his. paradation under the Career nt Schame py Re
4. Sy
a) a g é (iid) En his representation of Cit 22.04.2013 (page 54), he sought reward for Ais pot ct Rae earlier service of more than seven years wit the State Government of Arunachal Pradesh. He has also mentioned an example of ORR. Academic Officer with NDA, who had joined the NDA directly from the State Government of Arunachal Pradesh after tendering his x kechnical resign and who was under the 3 oo cr fete OG ise Service caused by resignation.
ay Ve ye Sr aya Thos. So go a Tas Ys righ BS S yea bak Rule 27 of CCS Pension Rules which stipulates thah an interruption in the service of a Gevernment servant entaiisa forfeiture of his past service. So it ais not clear which oe 4 ot reliefs are of higher priority te i tes However, we deal here only with the relief sought by him in the present OA. & (d)} Under the UGC Guidelines notified on 24.42.24 es C53 (para @}, for counting of past service it has been mentioned that previous ervice without any break as a Lecturer or equivalent in a University, colledqe, National Laboratory, or other scientific organizations ot in bnf a a QO "pot oO Ms = such as the ¢ DRDO, UGC, TCSSR, oO ro rt ft g ct 1B rey o& cS aad Q (CSR and as a UGC Research Seier be counted for placement of Lecturer in a Senior Scale or Selection Grade provided ertain additional criteria were satisfied. 4{e) However, the record in the case of the present applicant very clearly establishes that after his resignation from the State Government of Arunachal Pradesh oan 31.03.2004 and before joining ab the NDA on
-O2,.2006 without any doubt there was a A ae ¥ \ a ayer Nee ss. Beas ae :
XK Se ane tls ie SE PW aS ? TAS Ser ei tek 2% Sos Se o. at st HOT. ~, a Yat * + ot wy YY ar moet \ y a oho ms wath the State Government «and NDA, ALSO 48 guidelines the previous service to be counted has beer indicated only with Government In case of the present applicant, there was a break in servi ice and during the intervening period, he was not serving WLEKY any of the State Government or Central Government Institution or Department. ey no Therefore, as per the CCS. Pen St ton Rule tA ig SF sve, the applicant forfeited his earlier service with the state Government of Arunachal Pradesh for the purpase of pension and pensionary benefits. So he is Noe eligible for prommotien or upgradation as = r Lecturer(Senior Scale} based on his past Le with the State Gevernmenit of oY o bs "rd fH.
Arunachal Prades which did not continue im till the time he Joined at the NDA. 4 (£} As submitted by the respondents in their letter dt. 30.04.2013, the applicant himself had applied for and served voluntarily outside the Government and a SOL Hare me : nubs Past eer yy " Be bee nae : 3g ge Ye ey ge ot ee ke 4 SErvaice. \iso there is mo undue hardship caused to him due te operation of the cc Pension Rules and ono relaxation in those rules is warranted for him.
Aig) The contention submitted by the respondents is correct that the Ministry of Defence order dated 12.11.2008 stipulates the revision of pay scales and Career Advancement Scheme for teachers f Civilian Academic es fen Officers of NDA, Khadakwasla and al a stipulations under the UGC regulations on this subject are not automatically applicable to the NDA faculty.
4th} In Lhe case law cited by the applicant i.e. decision of this Tribunal in OA No. 4773/2013 in Dr. Bijay Kumar Barnwal Vs. Union of India & Ors. and the High Court decision in W.P. No. 584/2015, the facts were different. In those cases, the applicants head earlier served with Government and Without any break, they had joined NDA after tendering technical resignation. However, jin the present case, the anolicant did not join at NDA odarectly after tendering technical oH go ye Ay a po oR Od Nea 3faceals .
Nghe Be te ono Wek da Le oe St he Ge Oa ee at Qe SI ages ae * Peak Gratin ETON Tye SLSate GOVE STN Ae OLE Arun woh at Dee a cia oh Peeper ate 14 ORF Tey ACURA CMa rradean. LUE Tig Lee hee Lrber VER LE 3 at eyed oe A i +h SEP 34 ' ey woe PerL~oa, he serve a with BITS Palend which is mot a Government organization. COA No. L8e/issy? decided on 23.04.1997 also related to different facts. There the issue invoived was of date of retirement of NBA Academic Staff to be trested on par with the date retirement under the UGC Regulations. & < :
ALE) In view of these Facts, we de not find any merit ain the present OA, The submissions of the respondents are justified.
AS a result, meither the break in service in case of the applicant from 32.03.2004 tea Qu 17.01.2006 during the period after his GY tlon from the State Government o 8 ee oh wa Arunachal Fradesh till he Joined ah the NDA can be condoned nor his past service with the State Government of Arunachal Pradesh can be counted for his promotion as it already stead *h forfeited aS per the pension rules.
Similarly, the past service rendered by the applicant with BITS, Pilani alse cannat be counkect for his career advancement as oy hbecthurer (Senior Scale) and for pensionary ce Mm a if O48 No, FPaiG is 4 o HES 45 rad © &. A ys, ~ ' ~~ Ys he es ~n. oe benefits. Therefore, the respondents cannot allow that service for pensionary benefits.
Therefore, the OA dese wD mR PS R ty o pea {a 3 he th tn Cu fove
5. Decision :
The OR is dismissed. The parties are to bear their own costs. (R.N.Singh) (Dr. Bhagwan Saliai) \ Member (Judicial) Member (Administrative) -- Ram.
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