Central Administrative Tribunal - Ernakulam
Satheesh Kumar.N vs Sree Chitra Tirunal Institute For ... on 28 March, 2017
Author: P.Gopinath
Bench: P.Gopinath
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Transfer Application No.180/00013/2015
Tuesday, this th 28th day of March, 2017
CORAM:
Hon'ble Mr. Justice N.K.Balakrishnan, Judicial Member
Hon'ble Mrs.P.Gopinath , Administrative Member
1. Satheesh Kumar.N
Technical Assistant, DCE
Sree Chitra Tirunal Institute for Medical Sciences and Technology
Thiruvananthapuram
2. Sabu K.S
Technical Assistant, DCE
Sree Chitra Tirunal Institute for Medical Sciences and Technology
Thiruvananthapuram
3. Renjith Kumar.R
Junior Technical Assistant, DCE
Sree Chitra Tirunal Institute for Medical Sciences and Technology
Thiruvananthapuram
4. Sree Kumar.B
Junior Technical Assistant, DCE
Sree Chitra Tirunal Institute for Medical Sciences and Technology
Thiruvananthapuram
5. Erlan Benanson
Junior Technical Assistant, DCE
Sree Chitra Tirunal Institute for Medical Sciences and Technology
Thiruvananthapuram ... Applicants
(By Advocate -Mr.V.Sajith Kumar)
Versus
1. Sree Chitra Tirunal Institute for Medical Sciences and Technology
Thiruvananthapuram - 695 011
Represented by its Director
2. The Director
Sree Chitra Tirunal Institute for Medical Sciences and Technology
Thiruvananthapuram - 695 011
3. Pay Structure Review Committee
Sree Chitra Tirunal Institute for Medical Sciences and Technology
Thiruvananthapuram - 695 011
Represented by its Convenor ... Respondents
(By Advocate - Mr.T.R.Ravi for R1)
This Transfer Application having been heard on 2.3.2017, the Tribunal on
28.3.2017 delivered the following:
ORDER
By Hon'ble Mrs.P.Gopinath, Administrative Member The applicant nos. 1 and 2 are working as Technical Assistants (Electrical) and the other applicants are working as Junior Technical Assistants (Electrical), Division of Clinical Engineering (DCE) in the 1 st respondent institute.
2. The 1st respondent Institute appointed a Review Commission to examine the promotional avenues and allied matters of non-academic staff of the institute. The said Commission recommended change of designation of posts in the Institute, to reflect the level of qualification and responsibility of the posts.
3. On 15.12.2003 the designation of Electricians in the Institute was changed to Junior Technical Assistants (Electrical). Junior Technical Assistants (Electrical) is placed at a level below the Technical Assistants of various categories (which designations were changed with higher scale of pay). Aggrieved by the change in designation, which is not at par with the change of designation of similarly situated posts as recommended by the Review Commission and claiming revision of pay scale at par with contemporary/similar posts in the Institute, the 2 nd applicant and certain other Technical Assistants (Electrical) submitted Ext. P1 representation before the 2nd respondent. Subsequently, as per Ext. P2, Ext. P1 representation was duly forwarded by the Bio-Medical Engineer, the Head of the Department to the Director, stating that Ext. P1 requires consideration and the anomalies in the pay scale has to be rectified with due consideration to their qualification and nature of duties. Later, as per Ext. P 14 order, the 1 st respondent Institute constituted a 'Pay Structure Review Committee (PSRC)' to review and recommend inter-alia suitable changes in the qualifications, pay etc. of posts in the Institute. Pursuant thereto, Petitioners 1 to 3 submitted Ext. P3 representation to the said Committee pointing out the anomalies regarding the pay scale and designation of Junior Technical Assistants (Electrical), earlier called Electricians. When the aforesaid Committee submitted its Ext.P13 report, the post of the applicants were not re-designated as Technical Assistant (Electrical) and the pay of the applicants were also not revised at par with the scale of pay in similar posts.
4. In paragraph 6 of Ext. P 13 report it was stated that the anomalies in pay fixation was not considered by the Committee since it calls for extensive efforts for data verification by persons with expertise on the Pay Fixation Rules and this had to be done by a Committee of in-house officers. Therefore, in view of the recommendations of the Pay Structure Review Committee in Ext.P13 report, the respondents 1 and 2 ought to have constituted a fresh Committee for the purpose and ought to have made over the representations regarding anomalies in pay fixation to such Committee.
5. In Exts.P 15 and P 16, the respondents 1 and 2 take a stand that the Committee has already considered the case of the petitioners and no further representations will be entertained.
6. Applicants argue that the respondents 1 to 3 have not considered the grievances raised by the petitioners in the various representations with regard to the scale of pay and Grade Pay. The Pay Structure Review Committee PSRC has in Ext. P 13 recommended to enhance the 5 year experience required for promotion to the post of Junior Engineer as 10 years. This applicants argue would result in reducing their promotion chances.
7. The case consistently put forth by the petitioners before the respondents in various representations is that the petitioners are entitled for the scale of pay of Rs.9300-34800 and Grade Pay of Rs.4200 commensurate with their qualification and at par with the scale of pay in similar posts. Applicants argue that without considering the real grievance of the petitioners and without application of mind on the case put forward by the petitioners the Committee mechanically recommended scale of pay of Rs.5200-20200 with Grade Pay of Rs.2800/-. For similarly qualified categories of staff in the Institute having similar length of service and experience like Technical Assistant (computer), Technical Assistant (CSR) and Laundry Supervisor higher grade pay is recommended.
8. Relief sought by applicant is to direct the respondents to grant to the petitioners the scale of pay of Rs.9300-34800 and Grade Pay of Rs.4200 and corresponding FCP, to direct the respondents to re-designate the post of the petitioners as Technical Assistant (Electrical) and to direct the respondent nos.1 and 2 to constitute a Committee as recommended by the 3 rd respondent in paragraph 6 of Ext.P13 report and to make over Exts.P3, P4, P6, P9, P10 and P12 representations of the petitioners to the said Committee with directions to dispose of the same within a time limit.
9. Respondent submits that the staff structure in the respondent institute is function based and has a direct bearing on the educational qualifications and experience demanded in the professional settings of this Institute. The recommendations of the Sixth Central Pay Commission and benefits arising there from have already been extended to all staff. However, further improvements and corrections were made in terms of anomalies for certain categories of staff, recommended by the anomaly committee. The Governing Body of SCTIMST decided 1.7.2010 to constitute the Pay Structure Review Committee (PSRC) for the purpose of reviewing and recommending suitable changes in the direct recruitment (qualifications, experience, pay etc.) and promotion requirements for the non-academic posts of the Institute in the light of representations received by the Anomaly Committee for change in designation, re-designation or up-gradation of pay (which are not covered under Part - 2 of the report of the Anomaly Committee) including the issues with respect to the Chief Technicians and the recommendation of S.B.Krishnan Committee in respect of Scientific Assistants.
10. In the respondent Institute there are professionals of the highest quality in various highly specialized fields such as medicine, health, bio-medical, bio-engineering as well as various other science and technology fields with Mch.,DM, MS, MD, MPH, M.Phil, Ph.D, M.Tech.,MBBS, MSc, B.Tech, and so on. They are supported by a core team of well qualified supporting staff who are collectively referred as Non-academic staff. They also possess qualifications in science, technology and other fields of medicine and health ranging from Msc., Post Graduate Diploma, Bsc.(MLT), B.Sc., Diploma, etc. In addition there are office staff at various levels, possessing professional qualifications, who provide administrative support. Even those who perform functions such as cleaning, helping etc. need to possess the minimum qualification of Xth pass, in tune with the work environment and professional demands of the highest order.
11. The Pay Structure Review Committee studied all relevant aspects, including the process of evolution of the existing schemes on recruitment, promotion, pay structure and such other aspects. The Committee held meetings with the Director, Deputy Director (Admn.), Head BMT Wing, Medical Superintendent and Associate Head (BMT Wing) and discussed relevant issues and obtained necessary feedbacks from them. On the basis of the materials collected from the interactions, the Committee sought suggestions, representations, views etc., of the concerned staff and employees' organisations vide Notice No.P&A.I/265/SCTIMST/2010 dated 29.9.2010. About 250 staff responded to this initiative and almost all of them came forward to interact with the Committee. The interactive sessions with the staff were spread over a continuous period of one week from 21.2.2011 to 28.2.2011. The Committee thereafter had a meeting with junior Staff Selection Committee (JSSC) and obtained useful information regarding the strengths and weaknesses of the existing pay structure and staffing system. Thereafter the Committee devised a generic scheme taking into account entry-level qualification/experience vis-a-vis pay determination, and considering three parameters viz., job content and the knowledge and skills needed, relevant educational qualification(s) and extent of experience required and internal relativity and its relevance.
12. A number of staff carrying various designations are recruited with the basic qualification as SSLC. The next higher induction level is that of SSLC+ITI or SSLC + KGTE or SSLC+experience. The third level consists of various designations with generic qualifications such as Diploma in Engg. Or Degree or allied qualifications with certain amount of experience. The fourth level is again with the generic requirement largely of Degree +PG Diploma or Degree + Diploma or Post Graduation and similar qualification. The entry to the fifth level is regulated by the qualification of Post Graduate Degree + Experience or Degree +PG Diploma + Experience and allied qualification. Broadly, the Committee has grouped the non academic staff other than administrative category into 5 levels, based on their functional requirements and entry qualifications as shown below:
Level Minimum Qualification Grade Age Designation Remarks Pay limit I SSLC 1800 25 Cleaning attendant and equivalent II SSLC+ITI/KGTE+ GP 30 Technician Upgrade Experience upgraded and leveraging to 2000 equivalent on 2 years from Exp.
1900 besides ITI
III 1st class 3 year (full 2800 30 Jr.Tech Asst.
time) diploma/degree and
+Exp. equivalent
IV Degree+Dip+Exp./ 4200 35 Tech.Asst. Varying
Deg+ longer Exp./ and qualns./
1st class (full time) Dip equivalent exp.based
+ longer Exp./1st class on
PG functional
needs
V 1st Class PG 4600 35 Scientific
Degree+Exp.OR Asst. and
Degree+PG Diploma+ equivalent
Exp.OR
1st class B.Tch.
13. Respondent argues that the recommendations were carefully arrived at taking into account all relevant details, such as grade pay, entry qualifications, FCP grades, VOP Grades, comparison with other similarly placed posts in other disciplines and so on. The Committee made an attempt to standardise designations to the extent feasible in the categories of Jr.Technical Assistant, Technical Assistant and Scientific Assistant.
Similarly, standardised designations have been recommended for administrative staff. The PSRC considered the representation of the petitioners and gave them ample opportunity to express their views and grievances. The Committee considered all genuine representations and addressed the same in the report. With all the relevant data, details, information and feedback from all concerned, the Committee formulated its own findings in respect of each category and submitted its report which has been approved by Governing Body. The report is published in the website of the Institute.
14. The post of Electrician-A has been given revised designation as Technician (Elecrical-A). The qualifications prescribed are:
1) Pass in Std.X
2) ITI Electrician Trade Certaificate
3) 2 years experinece in the job
The promotion post of Technician (Elecrical-A) is Jr.Technical Assistant (Elec) - A. The promotion is by selection from Technician (Electrical) in the Institute having 3 year diploma in Electrical Engineering or equivalent. For direct recruitment to the post the candidate should have 60% marks in 3 year (full time) Diploma in Elecrical Engineering or equivalent, 2 year experience in the job and knowledge of Computer operations is desirable.
15. The pay band and Grade Pay of Technical Assistant (Elec) are shown below:
Designation Pay Band Grade Pay Jr.Technical Assistant (Elec) - A 5200-20200 2800 Technical Assistant (Elec)-A 9300-34800 4200 Technical Assistant (Elec) - B 9300-34800 4600 Sr.Technical Assistant (Elec) 9300-34800 4800
16. The contention that there is no scope for further promotion is not correct. Under the vacancy oriented promotion scheme a personnel in Technical Assistant (Elec.) can be promoted to Jr.Engineer (Elec.)-A in PB-II with GP 4200/- and further promoted to the following posts:-
Designation Pay Band Grade Pay Jr.Engineer (Electrical) - B 9300-34800 4800 Asst. Engineer (Electrical) 9300-34800 5400 (PB-II) Asst.Executive Engineer (Elec.) 15600-39100 5400 (PB-III)
Without the relevant technical qualification specified for posts applicants would not be eligible for promotion. The qualifications have been drawn bearing in mind the feeder cadre qualification and experience. The qualification and experience for the post of Jr.Engineer (Elec.)-A are:
(1) Under VOP Scheme selection from those with 10 years experinece as Jr.Technical Assistant (Elec) in the Institute (2) Under Direct recruitment 60% mark in B.Tech (Electrical)
17. In the respondent institute there are 6 categories of Jr.Technical Assistant with Grade Pay of Rs.2800/- and 10 categories of Technical Assistants in the Institute and all the categories are placed in the same pay band and Grade Pay and their MFCP (Flexible Complementary Promotion) stages are also same. Under the scheme for standardisation of post nomenclature, Technical Assistants under any discipline are not given any additional benefit than those given to applicants and the applicants cannot contend that they be treated differently. Any emloyee can represent for change in designation, upgradation, change in category etc. It is for the PSRC to decide about the feasibility or otherwise of the demands made in the representation taking into account various parameters viz., qualification, experience and nature of duty to be performed and parity vis-a-vis similarly placed posts. Respondent would argue that, the Committee cannot recommend re-designating a category of staff recruited in one post to another category on the basis of the representation forwarded through the Head of the Department. Any Head of Department would be required to forward such representations to PSRC for appropriate consideration keeping the interest of the entire institution. Pay and allowances of a post is fixed considering minimum qualification, experience and nature of duty to be performed. Further, the qualification and experience of Assistant Laundry Supervisor and Laundry Supervisor are described vide Sl.No.24 and 35 of PSRC report. Respondent challenges that post of Technical Assistant (Electrical) and Laundry Supervisor are comparable, as both are distinct posts. 18 Applicant argues that the post of Technical Assistant (Computer) with grade pay of Rs.4200/- was required to have the qualification of 3 year Engineering Diploma plus one year experience, and was granted higher grade pay. In 2011 PSRC amended the qualification of applicant from diploma with 2 year experience and made it diploma plus 4 year experience and granted grade pay of Rs.4200/- to all existing employees who were recruited with 2 year experience. Thus no person including applicant was adversely affected by the upgradation of qualification. The applicant having availed this largesse cannot now have a grievance on the recommendation of PSRC. The change brought in to various cadres subsequent to implementation of pay revision is tabulated below:-
Sl.No Designation Corresponding Change of
th
scale in 5 PC Grade Pay
implementation (PSRC-
Report-2011)
1 Medical Records Assistant 4000-6000 4200
2 Receptionist-cum-Telephone 4000-6000 4200
Operator
3 Pharmacist-A 4500-7000 4200
4 Machine Operator 4200
5 Jr.Technical Assistant (animal lab) 4200
6 Lib-cum-Documentation Assistant 4200
7 Laundry Supervisor 4200
8 Jr.Technical Assistant 4500-7000 2800
9 Asst.Dietician-A 4000-6000
10 Assistant 45007000
11 Radiographer/Tech.Asst.(IS/IR) 4500-7000
12 Asst.Medical Records Officer-A 4500-7000
13 Perfuionist-A 4500-7000
14 Tech.Assistant-A(Neurology) 4500-7000
15 Tech.Assistant-A(Cardiology) 4500-7000
16 Tech.Assistant-A(CSR) 4500-7000
19. Learned counsel for applicant submitted that in all Central Government Departments those with diploma as qualification for open recruitment are being granted grade pay of Rs.4200/-.
Applicant has produced Ext.1 to Ext. P13 report of the pay structure committee which at page 34 deals with recommendations on recruitment and promotion norms of scientific and technical positions. The Jr.Technical Assistant (JTA) and Technical Assistant (TA) position are discussed at page 34 and 35 of the said report. We note that all posts in the discipline of Electronics, MRAC, Civil and Electrical have the same nomenclature of JTA at the lowest level and TA A, TA B and TA C on the upward progression. All the posts of JTA in the above four disciplines are similarly placed in VI CPC Pay Band 5200-20000 with Grade Pay Rs.2800 including the applicant who were JTA promoted to TA (Electrical). In this promotion they have already availed the benefit of relaxed standards as cited above. All the TA A,B and C posts with similar educational qualification and experience in the four disciplines are similarly placed in Pay Band Rs.9300-34800 with Grade Pay of Rs.4200, 4600 and 4800 respectively. Hence, we find no differenciation in the pay scales of JTA & TA (A,B and C) given to the four disciplines. The minimum qualification and experience at entry grade of all the four posts is Diploma with two years experience. Whereas T.A MRAC placed in the same Pay Band and Grade Pay has to have 7 years experience, the other 3 discipline TAs including applicant require 2 years experience only. TA Telecom, TA Electronics, TA Civil and TA Electrical require 3 year diploma in their job subject whereas TA MRAC requires 2 years ITI (MRAC) certificate and hence may be the reason for requirement of seven years experience. A grievance would arise had the applicants educational qualification and experience been different from other similarly placed JTA. All JTA and TA are having same educational qualification and experience under the generic categorisation, have therefore been given the same Pay Band and Grade Pay. Hence the demand of applicants for Grade Pay of Rs.4200/- as against Rs.2800/- would cause a dis-similarity, vis-a-vis TTA/TA of other disciplines who are similarly placed with similar entry qualification and similar experience.
20. Applicants had submitted a representation to the PSRC. One of the tasks assigned to the PSRC was to review the representations received for change in designation, re-designation, upgradation of pay and there is no argument that the PSRC has failed to consider the matters rised in the representations. Not having acceeded to the demands does not give a conclusion that the representations have not been considered as contested by applicants. While submitting the recommendations the PSRC was guided by the following three parameters:
'(1) Job content and knowledge and skills
required.
(2) Relevant educational qualifications and
extent of experience required
(3) Internal relativity'.
21. The reasons for allotting entry level designations at induction stage and granting grade pay has been explained in Para 5.2 of PSRC report as based on the rationalization of the educational qualifications and grouping them according to entry level qualifications. All posts with entry level qualification of plus two first class with three year diploma have been categoried under III with Grade Pay Rs.2800/-, age limit of 30 years and designation JTA and euqivalent. The educational qualification prescribed for applicants is 3 year diploma under serial no.36 of Annexure A-1 and they have been included in the generic designation and Grade Pay prescribed under category III by PSRC. Such a rationalization is neither discriminatory nor do we see any irrationality in the categorisation.
22. After entering service through respective source disciplines on an equal footing, the applicants cannot seek a discrimination either on their entry level or subsequent promotional pay scales as this would result in an anomaly based on same entry level qualification and experience in the employer organisation. The doctrine of classification is based on 'discrimination with reason', the circumstances which govern persons in the group being the same. The nature of work may differ in the different posts in the same group eg. Electronics, Electrical, Civil, Telecom, MARC etc but this has not resulted in a change in the entry level qualifications or experience. If the number of equipments and kinds of equipments maintained by applicants are more, more persons will be recruited to maintain it. The applicants have not made out a case that due to the large number of equipments requiring electrical supply, their services are utilised for more than the prescribed hours of duty.
23. We note no discrimination in the JTA/TA group based on qualification, experience, and hours of duty entitling a differential treatment to applicants. Placed on an equal footing at entry level, applicants cannot seek a differential treatment in the matter of grade pay as this would be creating a class within a class. The entry level and ladder for upward movement is drawn up based on qualifications required for performing a job. The respondent has no case that they need to upgrade the entry level qualification for applicants to perform the assigned job. Based on the generic approach of qualification and experience, the applicants have been appropriately placed with others similarly placed. In exhibit P 13 A/3 the PSRC discusses the representations received by them from different groups. Under the category b� Better Payb� the PSRC states that they have analysed each and every representation made for 'better pay'. In terms of the pay determining principles it had adopted for itself as stated therein we do not find any justification for any further improvement. So the contention of applicant that their representations had not been given attention can not be sustained. The applicants' various representations have been examined and given due consideration and any attempt to discriminate based on the generic classification of similar educational qualification and experience in a class of posts did not find favour with the PSRC. PSRC has stated that they took a holistic view while reviewing all the representations and the recommendations were made within the parameters and principles evolved by the PSRC and those laid down by government policy.
24. The applicants are not covered under the general recommendations of VI CPC. They were fortunate to have a PSRC specially constituted for their specialised organisation, which, while considering the institutional requirements and demand of staff groups, arrived at a series of generic recommendations on pay scale based on experience and educational qualifications. Having had the advantage of a specialised and individualistic look in to the requirements of the institution and the staff, we are of the view that there would be no justification for the Tribunal to intervene into those recommendations.
25 In view of applicants contentions that posts with similar qualifications and experience in organisations like CSIR, ISRO, VSSC, CRRI, NPL have been granted Grade Pay of 4200 which the Tribunal could not examine due to paucity of data and not being the appropriate authority to examine and approve pay recommendations, the respondent institute should reconvene the PSRC and direct them to revisit their recommendations to consider whether similar benefits if any given is needed to be extended to applicants in view of comparisons drawn. While doing so, applicants be given a personal hearing. A detailed order be passed after due consideration of all materials placed before them. This exercise be completed within a period of two months.
26. The Transfer Application is disposed of as above. No costs.
(MRS.P.GOPINATH) (N.K.BALAKRISHNAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER sv