Central Administrative Tribunal - Mumbai
George Joseph vs M/O Defence on 16 June, 2023
*
j OA S24, SSR/2014 & BILIO1S
Central Administrative Tribunal,
Mambal Bench, Mumbai.
O.A.324, 338/2014 & 2350/2018
Dated this Friday the 16° day of June, 2023.
Ceram: Justice MG, Sewllkar, Member (Vadicial)
to
bw 3
'
Ps
Dr Bhagwan Sahai, Member (Administrative).
O.A.S58/2014
BLD. Gaikwad, son of Daulat Gaikwad, age 66 years,
Retired Deputy CDA, R/at 448 Raksha Lekha Society,
Dhankawadi, Pune - 411043.
S.P. Ghorpade son of PunjaramG thorpade,, Age 62 years,
residing at Flat No. 19, Gold Craft Hse. Society,
Vishranthwe adi, Pune -4i101s.
S.R. More, sonof Raghunath More, Age 40 years,
Kat Flat No. 102, Ganga Kunj, KalasMalwadi,
Pone ~fH1015.
MLS. Vaidya, Son of Sawla Ram Vaidya, Aged 60 years,
Riat C/26/8, Ketan Heights, Kothrad, Pune 411038.
J.J. Kathale, IDAS wife of Jagdish Kathals, Age 63 years,
residing at Durvankur, Shau Col. Lane No.2, Karvenagar,
Pone-- 411052. .
S.VCYadkikar son of Vishnu Yadkikar,
A ged 62 years, R/at D2, Surya Prabha Garden,
KRondhwa Road, Bibewadi, Pune 411037.
VV Rrishna Murthy, VL. Viswanthan, Age 64 years,
Ryat Flat No. 302, Tulip Building, Kumar Suraksha,
Opposite NIBM Road, Khondwa, Pune ~ 411048,
BJ. Distt son of Jayram Dinit, Aged 62 vears, r/at D303,
Rahul Park, Opposite Atul Nagar, Warje, Pune ~ 411058.
S.K .Mudrankit, son of KishanmoMudrankit, Aged 63 years,
R/at B-S Raksha Lekha Society, Dhankawadi,
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14,
Peon,
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16.
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20.
Pune ~]1043.
TS. Venkatesan, son of "T.NLS Suni vasan,
Aged about @2 years, Riat BY i (Old), Flat Nod.
Vishranth Housing Society, Visranthwadi, Pune -- AlTOIS,
VP. Bhade IDAS Son of Late Prabhakar Bade,
Age G1 yrs, Resi ding at Co S.8.Gh taisasi, Flar Na. aes
Trillum, Magarnatta City, Hadapsar, Pune ~ 4110
SA. Rithe, IDAS Son of Late KondibaRithe,
Age 64 yrs., reg} iding at F No, P2, Ankur B Has. Sac.
Sr.No. $6) 'O10, Sai 'Chowk, New Sanghyi,Pune ~ AL) O27,
DG. Gaikwad IDAS Son of 1. ate Gopal Gaikwad,
Age 64 yrs, Residing at Plot No. 4, S.No,
Bhairak Nagar, Dhanori Road, \ Vishrantwadi, Pane ~ 4) 1075,
M.D. Somvansh} Son of SondiramSomvanshi,
Age 61 years, residing at Deep Kun js Survey No.3,
Navrang Sacie ety, , Wadgaon wher, p sine ~ 4} Qld
A.N.Gaida, son af Nivy Tull Gade, , Aged 64 years,
R fat, Be 503, Gini Belliss! simo, SNe, 32 Dhanowrle,
Pune -- 4] 101s
A.R.ShelarIDAS Son of RaoiShelar,
Age 62 VTS. Residing at 1048, Yash Rex
Sec. 126-2-6 Pas shane sus Road, Pune ~AP] Go].
S.V.Ghone IDAS Son of Late Vv ishal Ghone,
Age 65 yrs, Resid} ing at Sunshree Fy. 103,
NIBM Ros ad, KRandhwa, Pune ~ ATT OAR,
A.D. Meshram son at DasrathMeshram,
Aged 65 years. Resid ing at B-304, MadhubanSocie
Alandi Road, Visi ranthwadi, Pune. ~4] 1078,
uy,
BLK. Chandane IDAS Son of Kashinath Chandane,
Age 67 ¥rs, Residing at 1630 sahara Park,
Flat No4o}, Kamear Nagar, Pimpri, Pune 411018
R. VUayakrishnan IDAS Son of S.Raghayan,
Age 64 ¥rs, Residing at 17/2 Simran Apt,
Sukhwanl Park, Pimpri, Pune --41 1018.
ei, ROL Ningani ID.AS Son of Laxman Hi Na,
Age OT Yrs. Residing at S.No. 37/10; 'De Kalepadal,
Near Shikshak Colony, Hadapsar, Pune -- 4] 1028,
22. AN.Choure IDAS Son of NamdeoChoure,
Age 62 Yrs. Residing at Hastiouram Co- ~op. Soc,
Flat No. A'21, Opp. Jain Mandir, Near Bibwewadi Polic
Chowk, Bi bwes svadi, Pune -411037,
23. BC. Jacob IDAS Son of Chacko, Age 60 Yrs.
Residing at Flat Ne ny ipex Serene Co,op, Hsg. Snc.,
Wanowar!, Pune ~ 471040.
24. K V Baviskar TODAS Son of VithalraaBaviskar,
Age 63 Yrs. Residing at Plot No. LA, Milind ae See,
"Chakan Road, Talegaon Dabhade, Pune ~ 4115
D. Namble, IDAS Son af Dattsierns yakamble, Age 64 Yrs
A.
Residing at C/O R.P Deshpande, Residing at D808
Springnhelds Hsg. See., Kothrud, Pune ~ 411038.
26. KK. Vishwanathan DAS Sen of Kiri ishnamurty,
Age 64 Yrs. Residing at 75 PadmachayaCa.Op. Soc.,
Raghavendranagar, Karadi, Pune --~41 1014,
¢!
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7, &.Unnikrishnan IDAS Son of K.0.P Keluanif Bradt,
Age 68 Yrs, Residing at A/1, Plat No.204 Daffodils,
Kalewadi, PimpaleSa: adagar, Aundh Camo, Pune - 441027
fh
ye
AA, Zirale IDAS Son of Anna Zirale,
Age 62 Yrs. Residing at 674, Raksha Lekha Sn. "
Dhanakawadi, Pune ~ 411043,
29. Vi Mathew IDAS Son ef KG. Mathew,
Age 63 Yrs. Residing at Flat No, M2/203
Phase 3 Undri, Pune -- 411060,
Hulls & Dales
30. VIB. Kenjale IDAS San of "Babiraoken ale,
Age 65 Yrs, astimeg at C/IS, Privanka Residency,
Near Sane Guruli School No.32, Hadaps: ar Ga ain,
Pune -- 411038,
Saad
1. S.B.Budhatran IDAS Svo, _Bapul Budhatras,
a. rs,
tad
rand
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+ OA.S24, 3282018 & BIBS
Riat A 301Jagtap Diary, Baner, Pune ~ 411049,
ST Tavade IDAS Son of Tukaram 7 Tayade, Age 67 vrs.
Residing at C/21 Satvavihar, Wanowarl, Pune 41704).
ELE, Gaikwad, Son of Rerha 2 Gaikwad, Aged 64 ¥RATS,
Rrat A-d07, Ganga Kun}, RalasMalwadi, Pine 41 i POLS
R.S.Pal IDAS Son of Shivdas Pal, Age 62 Yrs.
Residing at C/o. MLR Harihar, 401 A. Prey ana, PaudPhata,
bBrandwana, Pune~41i038,
B.S. Raut, IDAS Son of Sitaram Raut
Residing at 203 ~ A Ganga Kumi, Ka
Mrs. Sulbha Menon IDAS wife of Mr Menon,
Age 63Y rs. Re esiding at Plot No.3,
E.GLULS, Soran! baug, Pune ~ 411001,
NW Pendurkar IDAS Son of Waman Pend: ursar,
Age G1 Yrs. Residing at Rama Vimal,
33/2, Sindhunagar, Sec-25, Pr adhikaran, Pune = 411044,
B.G. Lad IDAS Son of Govind Lad, Age 63 Yrs.,
residing at C-4 Sai Mangal Hsg.Soc., Main Road,
Dhankawadi, Pune ~ 411043.
TN. Srinivasan IDAS Son of Na Narshihan, Age. 65 yrs,
Residing at E-2, Gangadham, "Phe ge. 1. Bibewadi, Fuse 47037,
Smt. Rajlakshmi Wo, Devrajan,
Aged 60 yrs, R'at D771, Goel Shinds Park,
Bhau Patil Road, Bopodi, Pune 411020.
KR, A. Gole IDAS Son of Anand iraoGele, Age 62 Yrs
Residing at 54 b, Raksha Lekhalt sa. Soe. Dhankawadi,
Pune ~4ligds,
PG. Venkataraman IDAS Son of Ganeshan, Age 67 y Vs.
Residing at Flat No, (03 . Bldg. No, B-2, Ga angadham,
Bibwewadi, Lullanagar Road, Pune -- 411637,
S.V. Bhave IDAS Son or Vasant Bhave, Age 63 Yrs
Residing at 48/16 By randwana, Fsx-Serviceman Color ny
Paud Road, Near More Vidyalaya, Pune -- 411038.
24
449. 8. Srint Ketan IDAS Son of Sheshadri, Age 62 Yrs.
Residing at Bi ide. Nog, Flat No.8, Pr 'itamnagar,
Kothrud, Pune 211029.
43. N. Venkatraman IDAS San of Narayanan, Age 64 Yrs
Residing at B-4, Preet Kun} Co-op. Soc. BRLP lradiva » Road.
Vidya Vihar Colony, Pune 411016,
£
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Miss Parveen Sethi IDAS Daughter of C gandra, Age 63 yrs
Residing at Saber Colony, Blde.C-1-6, NIBM Road,
Pune 411048,
cond
» Rakshit IDAS Daughter of Madanmohan Rakshit,
yrs. Residing at Flat No.302, Mitra Co.op. Soc.,
ep Bunglow, Model Colony, Pume 411016.
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ty es
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$8. Almelu Chandrasekharan IDAS Wife of Chandra wekharan,
Age 60 yrs., Residing at 26/10, Pratik Nagar,
Yerwada, Pune 411006,
49, DLE. Sarnaik (OAS Son of Fknath Samaik, Age 61 yrs.
Residing at 203.2 floor, Vishal Apts. (W), 1025 Sadashiv
Peth, Pune 411036.
50. PB. Dighe IDAS Son of Balkrishna Di ghe, A
Residing at A-1, Alaknanda Soc., Kohinaar €
Sahakarnagar 2, BOBO Col, Pune 417909.
2 40 Yrs
Age
"ol
an RV Roshe IDAS Son of Vishnu Kash ie, Age 66 Yrs
Residing at flat No.19, Hrishikesh Complex, Bibwewa i-
Kondhwa Raad, Bibwewadi, Pune 411037,
32. R.P.Deshpande [DAS Son-of Pandurang Deshpande,
Age 67 Yrs, Residing at DSO5 Springfields Hsg. Soc.,
Kot! hrod Pune 411098
53 A.V. Tilak IDAS Son of Vishnu Tilak, Age 64 Yrs,
residing at flat Nod, Ganga Lahiri Hse. Soc., Near
Pratidreya Mangal Karvaleya, Kary enagar, Pune 411082.
34 PR. Nimgsonkar IDAS Son of Ramkrishna Ni imgeonkar,
Age 64 Yrs. Residing at Flat No.S5-4, oe Nagar,
Ganesh Nagar, Vadgaon Shen, Puns 41 1{
4
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OA S24, SS8IG1S & BIG S
feral
A Subramanian IDAS Son of Late. Ay yasamy, Age 63 yrs.
Residing at de. No. | Ee, Flat No. 103, Madhuban Classis
Vishrantwadi, Pune 411018,
& Aninthakrishnan IDAS Son of ate S subbaratnum,
Age 05 Yrs. Residing at 394A, Raksha Le ekhalse. Soc.
Dhankawadi, PUNE 411043,
LR Waghmare IDAS Wife of Ramesh Wa aghmare,
Age 61 Yrs. Residing at Flat No, nee
Shree Venkatesh Nisarea, Near Ashinwad Hot tel,
Wadgaon, Budruk, Pyune 411041,
D.S. Gedbole IDAS Son of Shridhar Gadbole Age G1 Yrs.
Residing at 289 Heramb Sac. Shreevijay, Sahakarnagar 2,
Puned i 10g9,
VS dyer IDAS Son of Sankaran lyer, Age G1 Yrs,
Residing at 3A, Raksha Lekhet isg. Soe., Dhankawadi,
PUNE 411043,
Shaikh A,S, Ibs AS Son of Sher Mohammad, Agi ay
Residing at [1S Snehverdhan Society, Sahakar N
Pune 4 ah 1O9,
D.M Deshpande IDAS Son of Madhukar Deshpande,
Age ol Yrs. Residing at Krishnal Bunglow, Plot No. 102,
ba tess
Mahesh sac., Bibwewadi, Pune 411037.
K.K. Gopinathan Nair IDAs Son of Masha AVan,
Age G7 Yrs, Residing at Plot No.8, Aers view Hse. Soc.
Bhairavinagar, Dhanori Road, Vishrantwadi, Pune 411075,
C. Sugumar IDAS Son of K. Chidamba ram, Aged 63 yrs,
Residing at Flat No. 2, 03 Bide. No. D. Park Va alenc a
Pinglay Vasti, Mundhw Va Road, Pune 411036,
AG. Chacko IDAS Son of George Chacka, Age 63 vrs.
Residing at A-4/], Salunke Vihar, Army Wellare Hy;
Soc... ONTRM Post, Pune 411922.
fe
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Miss Priya Godbole IDAS Daughter of Suhas Codbole,
Age O1 Yrs, Residing a oy '? Raksha LekhaHse, S
Dhankawadi, PUNE. 4h Qas,
wef:
OAS24, S58/2018 & PVAGLS
G6, R.P. Rhunte IDAS Son of Pandurang Khunte,
Age 62 Yrs, Residing at Classic Camp! lex,
Punyal Nagar, Dhankawadi, PUNE 41104 43,
67. DLR. sora IDAS Son of Krishnali Kothari,
Age 61 Yrs. Residing at Raghunandan Complex,
Wing B2. Flat No. i4, Near HDFC Bank,
Singhead Road, Pune 411051,
6s, AH. DeshpOande ID, AS Son of Heramb Leshpande,
Age 64 Yrs. Residing at [22 2 Sahakarnagar, No.l,
Varad Soc, Ganpati Hse, Soc., Pune 411009,
69. DD. Ghogare IDAS Son of Dhandi saGhoware, Age 66
Yrs. Residing at K 601, Rose Valles yy Kunal Toon Road,
Near ICICI Bank, Pimple Saudagar, Pune 411027.
70, MLE. Mathew IDAS Son of Y Joseph Mathew, Age 62 ¥: rs.
aah cea
Residing at Row House No, 772, Mhada, Morwadi, P mpri,
Pune 411018.
Fl. Mis. Verginia S. Fransis IDAS Wife of Sunny Francis,
Age 62 Yrs. Residing at H-1, Dishne y Park,
Azsdnagar, BO. SRP GP 2, Pune 211022,
2 -V.G. Nair IDAS Son of Narsihan, Age 64 Yrs. Residing at
Plot No.3, Rose Land Co. op. Hse. Soo, S.No. 49/1,
Bhairav Nagar, Dhanori, Pune 411¢
25.
taped
MM. Zachariah IDAS Son of Late TK. Zachariah, Age 6 OS yrs
Residing at Row House No.3, Kapil Wood Row Estate,
Azadnawar, Wanawari, Pune 411072.
74, Mrs. (LAUR. Lakshid IDAS wife oP A Nagendra pras
Age 60 yrs. Residing at E-28 Lokptiye Qnagari, 'Dhanoti
Road, Vishrantwadi, Pune 411015.
onl
tft
M. Ramdas IDAS Son of M.K. Nair, Age 63 Yrs. Residing
at Plat No. 101 Plu meria Nyati Estate, Near Corrianthan
Ciub, Mohammaedwadi, Pune 411060,
76. Mrs. Komala Ramdas IDAS Wife of M.Ramd
Age 0 Yrs. Residing at Flat No.101, Plumeria Nyati Estate.
Near Corrianthan Club, Mohammaedwadi . Pune 411060,
80,
oO
Somat
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tat
we?
oa
§ OA S249, S3R2014 & Bors
PJ. Abraham IDAS Son of Late PA. Joseph,
Age 68 Yrs. Residing at 5, Kuldeen Apt.
Vikas Nagar, Wanowarie, Pune 411040.
Mrs. Malathi Narayanan IDAS Wife of 'aidyvanathan,
Age 64 Yrs, Residing at HS Mant Aan van
Pingale Vasti . Mundhwe ea, Pune 411036.
Mrs. Chandra Vishwanatan IDAS Wife of Vishwanathan,
Age 62 Yrs. Residing at 75, Padmae chaya Co-op. Soe.,
ae,
Raghvendranagar, Kharadi, Pune 411014,
Nirs. SS. Phadke IDAS Write of Sudhir F -nadke,
Age 60 Yrs, Residing a 19 Pratibha Gharkul See. 14
Sothrud, Opp, Joshi Railway Museum, Pune 41105
C. Narendra Prasad IDAS § Son of Late C.H,
Gopalk hnaran, Age 66 Yrs, residing al E2S
Lokpriyvanagari, Dhanari Road, Vishrantwadi,
Pune 411018
\. Thomas IDAS Son of Late B.Verghese, Age
Residing at Flat No.3, » Bldg. No. 30, Pratik:
Pane 411006,
62 Yrs,
K.V.Mohanan IDAS Son of Late K.P. Vasudevan,
Age 60 Yrs, Residing at Flat No. 4 405. Gini Bellissi: TIO,
Parsnde Nagar, Dhanorl, Pune 4} OTS.
R. Murlidharan IDAS Son of Late Ramaswamy,
Age 66 Yrs. Residing at A 13/701, , Bramha Avenue,
Kondhwa, Pune 411048.
A.N. Gopalkrishnan Nair INAS son of Late A. Narayanan
Nair, Age 63 Yrs, Residing at Flat No, Shenker
Apariments, Sanewadi Jagtap-Society, Pune.
HLA. Mahapure [DAS Son of Aba} Ht Mahapure,
Age 68 Yrs. Residing al B-2 , Ganesh Puram,
Opp. Corporation Bank, Ganeshnagar. Dapodi, Pune 411012
DS. Rulkam} IDAS Son of Sakharam Kulkarnl,
Age 62 Yrs. Residing at A/202 Sun Planet,
Suncity Road, Anandnagar, Vadgaun BK, Pune 4116 Si.
9 OA SS4, S3R 2014 & 23/2018
88. 3. V. Sawadhar DAS Son of Vasant Sawadkar,
Age 61 Yrs. Residing at 217, Sahakar Nagar so. 1,
Varad Ganpati Soo, Pune 411009.
88. §.L.Auchare [DAS Son of Laxman Auchare, dan 66
Residing at Raw House Ne, Bit] Sunshres Emrald, NIB
Road, Kondhwa, Pune 411048.
0. KD. Joshi IDAS Son of Dattaram Joshi, Age 61 Yrs.
residing at C/o. PB.Dighe, 1, Alaknanda Souety, Kohinoor
Colony, Sahakar Nagar No.2, Pune 411009.
SS
OL, Pcp Paladhe IDAS Son of Govind Paladhe, Age 62 Yrs.
Residing at C/o. KJ. Rajarshi, Fla SE NO-TOL, Agra Sankul,
1260, Sadashiv Peth, Pune 411030
92. ASJanorkar JDAS Son of Shankar Janorkarn.A ge 62 Yrs.
Residing at Om Datta Sawali, B/I1, Raim adraH Hsg. Sac,
Dhenkawadl, Pune 471043,
93. Ganjoo Chamanial IDAS Son of Lal Ganjoo, Age 63
Residing at Flat No, 203, 8 Wing, Chintaman! Niw:
KRatraskondhwa Road, Pune 411046,
94. SV Rulkarni [DAS Son of Vishnu Kulkarni, Age 50 Yrs.
Residing al Radhakrishna, S38 Kasba Peth, Pune ALIOLL.
fa
95. C.K. Mandavkar [DAS Son of KrushnajiM andavkar,
Age 64 Yrs. Residing at B6/3 Nirmal Tos woship,
Anand Nagar, Pune 4] 1081,
On. VC, Ramehandran IDAS Son of V.K. Chellamani,
Age 67 Yrs. Residing at Anute] Symphony Co-op.
Heg. Soe., 612/613 Nanapeth, Pune 411002,
QF ROY Ramble IDAS Son of Yashwant Kambie,
Age 63 Yrs. Residing at Cfo. D3, 2 2 Surya Prabha Garden,
Kondhwa Road, Bibew: 'adi, Pune 411033.
8. BG. Padre IDAS § on ofG, Padre, Age 60 Yrs.
Residing at Flat No. 38, 8, Shaila Bldg.
Mahalami Nagar, Bibwewadi, Pune 411037,
99. Mirs. Pushpa Ratmakaran IDAS Wife of
PK. Ratnakaran, Age 61 Yrs., reskling at 3,
1g MASS, 35GS014 & 232018
Harshvihar, Nagaras Road, Aundh, Pune 411607,
100. H. Basavraja, Son of K. Kotrabas anes Age 61 Yrs
Residing at Flat No, BYLO2, Ganga Kun},
KalasMalwadi, Pune 411015,
101, S.N.Deshpande, Son of Narhari Deshpande,
Age 64 Yrs. Residing at G $02, Gangatirth,
Near Aranyeshwar Temple, Pune 41 1009,
102. Mrs. MS. Kulkarni, wife of Shashikant Kulkarni,
Age 62 Yrs, Residing at 6863 NirantVe asahalkotari,
Blog. Na. G'S, Bibewadi, Pune 411037,
103. Kedar B.M. Son of Balasaheb Kedar, Age 62 Yrs, Residin ng
at Chandannagar, Pune 411014.
fod, WG, Muchariker, Son af Gangadhar Mucharikar,
Age 63 Yrs, Residing at Flat No. A-18,
PashimrangHse. Soc., Warie, Pune 411058,
105. Mrs, A.S Datar IDAS Wife af Shankar De ay,
Age 61 Vrs. Residing at 138 Shukrawar Peth,
Mogalmurty Sac., Pane si lOo0s,
106. \V.S.Sawanth, son of SakararnSawanth,
Age 67 years, R'at Plot No.38, Survey Ne, ei,
North Raliv Nagar, Vi tian Nagar, Pune 411014,
LO7, VLR. Waghmare, son of Rambhau Washmare, Age 68 years,
R/at House No.2, Sunny Super Row Houses, Old § Sanghvi,
Pune 411027,
108. C. Gopalakrishnan, son of Raman Vellodi, Aged 72 years,
Rvat Flat No. 302 Laboni Towers, Aundh Road, Pune 411020.
109, Subramanaian, son of Y Venkatramanan, 74 years
wi at Plat No.1, Shakunthala Apartments, Rastha Peth,
Pune 411041,
110. A.V.Mhaskar Son of VasudeoMhaskar, Age 68 yrs.
Residing at 47/2, Shalanand Sos .. Kothrad, Pune 411038.
i. Ae Nepersia Sharma, Son of Late A.V.Srinivasan,
Age 70 Yrs. residing at 232/2, Nana Peth,
fee
arent
Pt
13.
14.
ort
121.
{228
ui I A.524, 3882014 & 23/2078
Asbok Chowk, Pune 411002.
R. Venkatararmanan Son of Ramachandran, ¢ ;
Residing at Plat No.9, Mayuresh Apt. 276/2 7. "Rasta Peth,
Pune S1TIGiL
A
th
S. Rannan TDAS Son of Srinivasan, Age 68 yrs. Residing at
OSD -22, Mithila, Deshpandepuram, Karve Road,
Pune 4) 1038.
T.Nandkumar IDAS Son of Chelat Gopala Menon,
Age 69 Yrs. Residing at Flat No.?, Shankar Apts.
Sanewadi, Aundh, Pune 411007.
MUR Harihar IDAS Son of Raghvendra Marihar,
Age 67 yrs., residing at 40] A Preranta, PaudPhata,
Erandwana, Pune 411038.
S.Hinge IDAS Son of L. Shridhar Hinge, Age 68 Yrs.
Residing at S.Na. 13, shri Somnath Saciety,
Plot No.2, Vilay Co-op. Soc., Warje, Pune 411058.
B.S. Mone IDAS Son of Sadashiv Mone, Age 68 yrs.
Residing at 2 Vishram Sadashiv, Warye, Pune 411058.
AS. Vekatraman IDAS Son of ALN. Subramanivam,
Age 72 Yrs. Residing at Siva Darshan, 232 Nana Peth,
Pune 41.0002.
V. Thiagarajan IDAS Son of Vaidyaligam, VPS.
Residing at Flat No. El, SatvaviharHss. Soc., Pune 411040.
G, Parmeswararm IDAS Son of Ganesnan,
Age 69 yrs. Residing at Plot No. 10, Varsha Soc...
Mohanwadi, Yerwada, Pune 411006.
R.Reishnan [DAS Son of Ramaswamy,
Age 79 yrs. Residing at BI1-103, Prasad Nagar,
Sai Krupa, Vadeaon Sheri, Pune 411014.
oh ari,
5, Siddheshw ar Nagar,
V. Narasimhan Son of Venkat:
Age 71 Yrs. Residing at B-2/
Vishrantwadi, Pune 411015
tr OA B24, 5582018 & 232015
Tg. VN Jayaraman Son of VS. Narayanan,
Age 78 yrs, Residing at Flat No.7, Kaustubh Co-op, Soe.
es l-282, Rasta Peth, Pune 41101 1.
124. KS Sadasivan, Son of K.S Survanarayan,
Aged 70 years, R/at A- 1/22 KumarSamrudhi,
Tingsrenagar, Pune 411015,
125. S Venkatraman IDAS Son of V.Srinivasan,
Age 77 Yrs, Residing at 279/280, Somwar Path,
Pune 4)i0il.
126. BB. Meshram sen of Babu Lal Meshram,
Aged about 68 years, R/at 20 Shri Samarth Housing Society,
Bakul Nagar, Bibewadi, Pune 411037.
127. VS. Markendeya [DAS Son of Sadashiv Markendeya,
Age 70 Yrs. Residing at Cfo. RetkiDandavate,
Varsha Vihar, B 2634, Sun City Road, Anand Nagar,
Singhgad Road, Pune ALTOSI.
ba
es)
A, Sunderarajanson of Raghavachart,
Aged 76 years, Riat A1/32, Kumar Samruchi,
Tingre Nagar, Pune 411015.
te
re
V.B Jagannathan Son of v R.BNalkrishnan
Age 66 yrs., residing at 47/2, Sahaianand Sac ats ety,
Kothrud, Pune 411038.
130. HR. Kothari [DAS Son of Ratilal Kothari,
Age 61 yrs. Residing at B-602, Aiswaryam Greens,
Kaspate Chowk, Wakad, Pune 411056.
(31. G. Jaiprakash, son of Gopinathan Nain
Aged 60 years, R/at B-3/33, Sidheswar Nagar Co-
Operative Housing Saciety, Tingarnagar,
Pume 411018.
had
te
VOW. Joshi DDAS Son of Warnan Joshi,
Age oty yrs. Residing at Flat No. 4, Bldg. No.C-1,
Guruganesh Nagar, Kothrud, Puned 11038.
[33. S. Lakshminarayanan, son of AVS Raghavan,
Aged about 62 years, Rat 69, Somwar Peth, Pune 4] LOTT.
134. RR. Ahuja IDAS Son of Raj Ahuja, Age 65 yrs.
Residing at 41, Jagdambalsg, Soc., Near Bora Class, Lane
4, Vadgaon Sheri, Pune 411014.
135. Shamsudin Khan, Age 63 yrs. Residing at Nausarbagh,
Flat No. 76/4, Kondhwa Rhurd, Puned Li 048.
136. AJ Krishnamurthy, son of Somiah, Age 62 years, residing at
A-&, Mrunali Orion Complex, Aundh Road, Pune 411020.
137. §S. Padmanabhan IDAS Son of RLS. Srinivasan,
Ave 62 yrs. Residing at B-43, Aashiyana,
Bhanu Patil Road, Pune 411020.
138 BB. Shirke, Son of BabursoShirke,
Age 65 yrs. Residing at Flat No. 208, AS Wing,
Mahalasmi Vihar, Vishrantwadi, Pune 411015.
139, S. Vijayalakshmi Daughter of Subramanivam,
Age 60 yrs. Residing at Flat No.9, Casy Mansion,
Gidney Park, Punewala Park, Pune 411037.
140. KK. Parmeshwaran [DAS Son of Kantivasan, Age 78 yrs.
Residing at J-27, Sacred Heart, Wanwaorl, Pune 411040.
i4t. TLR. Sarmpath IDAS Son of Tulsi Kajgopal,
Age 79 yrs. Residing at Shanta Niketan,
33 Bhanu Patil Road, Rirkea, Pune 471020.
442, . M.S.Vishwanathan [DAS Son of Late R. Subremiyan
Age 78 yrs. Residing at Plat No.4. Savitri Ap, AVI
College Road, Erandwars, Pune 411004,
ee,
143, VL. Mathew, son of T.P Idikkula, Age G1 years, R/at B-
102, Amar Ornate, Opposite Magarpatta City, South Gate,
Hadapsar, Pune 411028.
i44, N.Govindarag, son of K.Nagaraj Rao, Age 76 years,
Sathyapuram, Saswad Road, Pursunghi, Pune 472308.
ids. VIS. Sugathan TDAS Son of VR. Sankaran,
Age 64 yrs. Residing at C-304, Imperial Residence,
Kalyani Nagar, Pune 411006.
146. K.P. Mohanan IDAS Son of Late Padmanabha Kurup,
id OA SR, SSHGO4 & DIVES
Age 64 yrs. Residing at Flat No. B-18, Satyam Co-op,
Hep § Soe, Mi dia Road, Khadki, Pune 411003,
147. PP. Raju IDAS Son of Late Raghavedrarac, Age e635 Yrs
Residing at C/o.R.P. Deshpande, D-805, Spring Fields,
Gananjay Society, Kothrud, Pune 4] 1038,
i48, §.S.Karekar, sun of Srikanth Karekar
Aged about 62 years, R/at, Survey No. S7A1Q,
House No. 623, Saras Sac ciety. Shelar Nagar,
Dhankavadi, Pune 411037
149, Smt, A.K. Swathanthran, Wife of Shri Swathanthran,
Aged about 60 years, R/at BS Flat Not,
Krishna Kewal Town Ship, Kondhwa Main Road,
Pune 411048.
eds
is
oo
GD. Puranik son of D. Puranih,
Aged about 60 years, R/at Survey No. $63 Balaji Nagar,
DPP Guradwara, Vadagaon Sheri, Pune 411014,
All are Joint CsDA, Dy. CsDA, ACSDA who worked and
Retired from different offices under the respondents and
Nosy reside in Pune). Applicants.
( By Advocate Shri PJ. Prasadrao ).
Versus
L. ~ Union of India, Through the Secretary, Ministry of Defence
South Block, New Delhi - LIGQ1I.
0
The Secretary, Ministry of Defence (Finance)
DAD (Coord), South Block, New De thi-L1i00l |
3. The Controller General of Defence Accounts
Ulan Batar Road, Palarn Delhi Cantonment ~ 1 YW GOTO
4. The Principal Controller of Detence Accounts (Perisions},
Draupati Ghat, Adahabad - 211014 ee Respondents
iBy Advocate Shri R.R. Shetty)
18 OA S24, SSHIOTS & BILVLOLS
O.AS24/2014
Ni. Srinivasan, IDAS, Sr. Dy1TFA (DCDA),
Son of Late Narayanswamy, C/903, Asha Kun}, Smarth Garden,
Datta Mandir Road, Bhandup (West), Mumbai ~ 400 078.
Retired from O/o the TFA WNC, Mumbai -~400 023. .. Appleant.
(in Person )
Versus
i. Union of India, Through the Secretary to Government,
Department of Defence (nance),
i31-A, South Block, New Delhi-~ 110 011
>, The Controller General of Defence Accounts,
U lan Batar Road, Palam Delhi Cantonment -- 110010.
3. Integrated Financial Adviser, Western Naval Command,
Shahid Bhagat Singh Road, Mumbai -- 400 O23
4, wneipel Controller of Defence Accounts (Navy) },
No.1 Cooperage Road, Mumbai - 400 001... Respondents
By Advocate Shri N.K. Rajpurohit).
O.A2SL/2018
1. George Joseph, Son of late Devasia George, |
Residing at "Dew Drop", 40/1, Vadgaonsher!
Pune -- 411 d40.
2. Smt. Swati Ravindra Mishal, wife of Shri Ravindra Mishal,
Residing at D/102, Serena Scapes, Near ISCON Temple,
Shinde Vasti, Ravet, Pune ~ 412 101,
3. SmtQR. Eudchikar, Wife of Shri Ramchandra Kudchixar,
Residing at 'Niramay', B-21/2, Rajmundra Housing Society,
Gulabnagar, Dhanke wad, Pune ~ 411 043.
A, Smit.-Manjn Mohan Kharwandikar,
Wife of Shri Mohan Kharwandikar, Residing at Plot No3¥
& 40, Amrapali Apariment, Right Bhusari Colony,
Faud Road, Kothrud, Pune ~ 411 038.
16 OA SIH, SS8R2014 & QS V/2015
S, Smit. Vandana Ashok Maybhate, Wits of Shri Ashok
Maybhate, Residing at B/2- yo Vimal Vihar,
Bibwewadi, Pune ~ 411 037. » Applicants.
(By Advocate Shri PJ. Prasadrao}.
Yersus
i. Union of India, Through the Secretary,
Ministry of Defence, South Block, New Delhi ~ 110011.
ha
The Secretary, Ministry of Defence (Finance)
DAD (Coord), South Block, New Delhi ~1 10011.
3, The Controller General of Defence Accounts,
Ulan Batar Road, Palam Delhi Cantonment ~ 110016,
4, 'The Principal Controller of Defence Accounts (Pensions),
Draupati Ghat, Allahabad ~ 211014 Respondents
(By Advocate Shri R.R.Shetty)
Order reserved on : 17.03.2023
Order pronounced on 1 16.06.2023.
ORDER
Per : Dr. Bhagwan Sahai, Member (A).
OA No.S58/2014Shr P.D. Gaikwad retired Dy. Controller of Defpnee Accounts and 149 others have filed this OA on 16.04.2014 for setting aside impugned order dated 05.11.2013 issued by Deputy Controller General of Defence Accounts (Admin), office of | Controller General af Defence Accounts, Delhi Cantt. replying to the applicant and others that their case for erant of Senior Time scale in Indian Defenoe Accounts Service on promotion to the rade of Assistant Controller of Defence Accounts from Senior % vod OA S24, SESE & 2S Accounts Officer in Hight of Judgment of CAT, Principal Bench, New Delhi, CAT, Mumbai Bench, and CAT Chennai Bench has been examined and the applicants were informed that their demand is not covered under any rules. Therefore, it was replied that demand made by the applicants in the representation cannot be aceeded to. The same reply was given to other applicants. They further seek direction to the respondents to grant them benefits of senior time scale with revised pay scales as per 6° CPC of PB-ILl of Rs, 15,600-39,100/. with Grade Pay of Rs.6,600/- from the date they were promoted as Assistant Controller of Defence Accounts with all consequential benefits of pay fixation and arrears including retiral benefits fixed accordingly slong with grant of 286 interest on the arrears.
3. Summarized facts 2{a). The applicants have served uncer respondent Nod as Auditors, Section Officers GAccounts), then Assistant Account Orficers (AAO), Aceounts Officers, Senior Accounts Officers, Assistant Controtlers of Defenee Accounts (ACDA) (TS), Dy. Controllers and Joint Controllers of Defence Accounts from various dates. They were initially reerutted as UDCs/Auditors in _ different offices under respondent No.3 Le, Controller General of Defence Accounts, New Delhi and then were prornoted to higher ig OA S24, $58/2014 & 331/201 posts under Indian Defence Accounts Service (DAS) before their retirement, 2(b). AAO and Senior Accounts Officer (SAQ) are Group 'EB' Gazetted posts and from the post of SAO they were promoted to Junior Time Seale of Indian Defence Accounts Service. Appoiniment to the post af Assistant Controller of Defence Accounts is made partly from promotion of SAO and partly by direet recruitment through Civil Service Examination conducted by UPSC. While directly reernited ACDA are placed in pay seale of Rs.15,600-39,100/- with Grade Pay of Rs.6,600/, those promated as ACDA are placed in the Pay Band of Rs.9.300-34,800/. with Grade Pav of Rs.5,400/-. While the applicants were given charge of Group 'B' Officers, the direot recruits are given charge of that grade after cornpletion of four years of service, 2{e). The applicants made representation to the respondent NOB requesting to grant them higher pay scale and higher grade pay. However, this has been rejected by the respondent No.3 as per the impugned order. Therefore, this O.4 has been filed. OA No.S242014 The applicant, Shri N-Srinivasan, retired as Depaty Controller of Defence Accounts (DCDA) has filed this OA on 27.05.2014 seeking setting aside impugned order dated 05.11.2013 issued by Deputy Controller General of Defence Accounts Poet 9 OA SM, S58/2018 & 2391/2015 (Admin) office of Controller General of Defence Accounts, Delhi Cantt. replying to the applicant and others that their case for grant of Senior Time Scale in Indian Defence Accounts Service on promotion to the grade of Assistant Cortrober of Defence Accounts from Senior Accounts Officer in light ef Judgment of CAT, Principal Bench, New Delhi, CAT, Mumbai Bench, and CAT Chennai Bench has been examined and his demand is not covered under any rules. Therefore, it was replied that demand mace by the applicant in the representation cannot be acceded to. He further seeks direction to the respondents to grant him benefits of Senior Time Scale with revised pay seale as per 6° CPC of PB-3 af Rs.15,600-39,106/- with Grade Pay of Rs.6,600/- from the date he was promoted as Assistant Controller of Defence Accounts 5 with all consequential benefits of pay Hxation and arrears, inchiding retiral benefits fixed accordingly along with grant of 12% Interest on the arrears Sammariced facts 1 2d). The applicant joined as Clerk from 19.12.1970 and then got promoted as Auditor, Section Officer, Assistant Account Officer (AAO), Accounts Officer, Senior Accounts Oicer, Assistant Controller of Defence Accounts (ACDA) (JTS), and finally Dy. Controller of Defence Accounts (DEDA} on 20 fA SIS, S8BI01S A VV ZOIS 22.01.2008 and he retired on 31.07.2011. He submitted a representation in January 2006, April 2006, May 2009 and 19.09.2013 to the respondent No.2 and in November, 2013 to nancial Adviser, Ministry of Defence, New Delhi in response to which the impugned communication has been received from the respondents. Hence this OA has been filed.
OA No 2312015 Shri George Joseph and four other appheants have Aled this OA on 20.02.2015 seeking setting aside the impugned TE es order dated 17.12.2014, 13.03.2014 and 20.01.2015 rejecting thetr vas boas claim for grant of higher pay scale and grade pay stating tnat the a issue raised in their representations had been examined and they we were informed that their demand is not covered under any rule and it was regretted that their dernand cannot be ace eded to.
Some of the applicants were aise informed that recruitment, promotion and seniority of various grades of Indian Defence Accounts Service are governed by Indian Defence Accounts Service Redes, 2000 and it is regretted that their case was not covered under the above rules and, therefore, the request for grant of Senior Time Scale of IDAS cannot be acceded ta.
3} OA SM, SSRIS & 2AV201S Summarized facts:
2{e). The applicants joined service as Auditors, Section Officers (Accounts), and then were promotes as Assistant Account Officers (AAO), Accounts Officers, Senior Accounts Officers and to further senior pests and retired during 20S, ZOLS and 2014. They submitted a representation ta the respondent No in 2O13 and 2014 for grant of higher pay scale and grade pay. But respondent No.3 has rejected ther claim through the impugned
3. Contentions of the applicants ~ In the OA, written arguments of their counsel and oral submissions, the applicants in the above three OAs have contended as under :
3{a). afer their initial recruitment they passed the Subordinate Accounts Services (SAS) fon conducted by the respondent Nod and got promoted as Section Officers (Accounts), AAG, and Senior Accounts Officers GAO), which are ~ all Group 'B' posts and therearer were promoted as ACDA (ITS), DODA and Joint Controllers of Defences Aecounts. Their claim for grant of higher pay scale and grade pay has been wrongly rejected by the respondent No.3. Madras and Chandigarh Benches of this Tribunal and Jammu and Kashmir H igh Court have passed orders for grant of higher pay scale on promotion as ACDA te the applicants in thase OAs.
3(b). this issue has also been covered In sev veral case laws :
i) Supreme Court dec 'gion in case of K.C.Sharma Vs. Union of India, 1997 (3) SCT 341 and Satbir Singh Vs. State of Haryana, 2000 (2) SCT 34;
di}. Madras High Court in case of Union of India Vs. T.R.Krishnamurthy, in Writ Petition No. 2a816/2010 passes order on 09.09.2011 for grant of higher pay scale equivalent to i 2.
Senior Time Scale to the applicants in tnose cases dismissing the Writ Petition filed by Limon of India against the order of CAT, Madras Bench dated 15.12.1907 in OA No S24/ 1988.
(ii). The Chandigarh Bench of the Tribunal in case of Kalyan Singh Vs. Union of India and others in order dated 19.09.2013 directed the respondents fo gra mnt benefit of Senior Time Seale of Rs.10,000-15,200/ (revised to PB-3 of Rs, 15,600- 39,100/. with Grade Pay of Rs.6,600/-) to the applicants therein from the date they were promoted as ACDA.
(iv). The Mumbai Bench of the Tribunal in the case of S.Bhageerathan Vs. Union of India and others in Us order dated 25.03.1992 in QA Nod26/1988 allowe ed the OA directing the a:
respondents to refix the pay of the applicant fram the date of his 23 OA SM, S804 & WVBIS promotion to Senior Time Seale with consequential benefits with 3 condition that in case if the judgment in Delhi High Court is reversed in final decision of P.D.Makkar Vs. Union of India, the applicants would reflind the bensftts. Shri Bhageerathan retired and no deductions were made from his pay,
iv). in case of Maharaj Krishan Bhat and Another Vs. State of Jammu and Kashmir and others, (2008) 2 SCC (L&S) 783, in Hs order dated 01.08.2008 the J & K High Court allowed extension af benefits to similariy situated persons. The applicants contend that in other cases the respondents have given the benefits but they have denied the benefit of higher pay s cale and grade pay to the applicants an promotion as ACDA;
(vi. Hyderabad Bench of this Tribunal in case of BR. Somayajulu and others Vs. Union of India hag set asiie the order of modalities of pay dated 29.04.2010 issued by the Controller General of Defence Accounts, New Dethi and directed the respondents to fix the pay of the applicants in Senior Time Seale as applicable on the date of their promotion ull retirement and also to refix their pension accordingly; (VID. SLPs filed against the orders of High Courts have also been dismissed by the Supreme Court. The srefor 'eo, the applicants have a good case for grant of revised pay sc g of Rs.15,600- han 24 OA Sod, SSH2014 & SAVVIS 39,100) with Grade Pay of Rs.6,600- from the dates of their promotions as ACDA instead of the pay scale of Rs.15,600- 39,100 with Grade Pay of Rs.5 400/-;
3{e}. Junior Time Scale Officers under CODA are given higher responsibility on promotion and therefore, they cannot be treated on par with Junior Time Scale Oicers in other departments. Hence these OAs be allowed.
Contentions of the respondents + In reply, written arguments and during oral submissions of thelr counsels, the respondents have contended as under :
3(d), the main issue involved in these QAs is the fact that the post of Senior Accounts Officer (Group 'B' Gazetted Post} was in pay seale of Rs, 15,600-39, 100). with Grade Pay of Rs.5,400/- and the entry level Junior Time Seale for Group 'A' post oF ACD was also in the same pay scale of Rs.13,600-39, 100 with Grade Pay of Rs.5,400/-. The applicants were rankers and jomed service as Clerks or Auditors and afier passing Subordinate Accounts Service examination got promoted as Assistant Account Officers, Accoumt Officers and Senior Account Officers, Thereafter they were promoted to entry level of Group 'A' i.e. Junior Time Seale of IDAS. Since pay seale of Senior Accounts Offtcers (Group "B) 35 OA S24, 882014 & BEBLES and Junior Time Seale in PDAS (Group 'AY) were the same 1.2.
Rs.15.600-39,100/- with Grade Pay of Rs 4,400/-, the applicants ate seeking benefit of Senior Time Scale in the pay scale of Rs.15,600-39,100/- with Grade Pay of Rs.6,600/- fom the date they were promoted ACDA in Junior Time Scale irom the post af Senior Accounts OMicer;
A{e). as per Rule 10 of Indian Defence Accounts Service Rules, 2000, recruitment by promotion to the posts in the Junior Time Scale of the Service shall be made by selection from yy } in the pay a amongst Senior Account Officers (Group BR Gazetted scale of Rs.8,000-13,S00/- with five years service, Thus unles person promoted to Jumor Time Scale past is found fir by DPC, he does not become eligible for promotion to Senior Time Scale.
Therefore, the contention of the applicants that they should be granted Senior Time Scale seals of Rs.15,600-39.1 00 with Grade Pay of Rs.6,600/- on their promotion to Junior Time Scale from post of Senior Accounts Officer (Group 'B' Gazetted post) does not arise and this request of the applicants is de Aors. The Reentitment Rules have been framed under Article 309 of the Constitution of India, In view of this position under the Rules, the Court'Tribunal camnet hold that a person who has been promoted as ACDA from the post of Senior Account Officer should be 28 OAS24, SAIS & 2391/8015 deemed to have met the eligibility criteria of having rendered ervice in JTS of Group 'A' post, although these two pasts are in the sare pay scale:
is mo io ifs @ betes Sih). this issue has already been settled by the decisio several Benches of the Tribunal from time to tome in following Ch. in case of K.G.Menon and seven others Vs. Unicn of India and others, Writ Petition No.1342/1979 was disposed of in favour of the applicants by decision by a Single Bench. This was challenged by the Department In LPA No.S0°1981) which was decided on 16.03.2001 remanding the Writ Pettion for fresh oes consideration. Then the Writ Petition No, 1342/1979 fled by Shri KG. Menon was restored and finally it was dismissed In default for non-prosecution on 21.07.2014. During pendency of the LPA No.50/1981, 8. Bhageerathan Vs. Union of India filed OA No,426/1988 before this Bench of the Tribunal, it was decided on 25.03.1992 stipulating that as a result of final decision in LPA No, S0/1981, if the position got reversed, then the benefits would be refunded by the applicant. Similarly, GA No 1000/1989 filed by Shri B.D.Makkar and OA No.S7/1988 filed by Shri PK Jam before the PB of the Tribunal were decided an 25.07.1991 during pendency of the above LEA NoSbs198):
ae OA SES, S3G/2014 & 232018
(i). the case of the present applicants is dependent on the judgment of the Delhi High Court in the case of Shri KG. Menon and others dated 09.12.1986, However, as per the judgment of the High Cowt dated 16.09.2001, a Single Bench decision dated 09.12.1980 was not to constitute any precedent for any other case.
(i). In case of TLR IArishnamurthy, the Tribunal relied upen the decision of 28.11.1994 in OA Na 2356/1993 (K.S.Rangaswamy Vs. Union of India} which had relled on the judgment in Writ Petition No.1342/1979 fled by Shri K.G. Menon. and others Vs. Union of India was dismissed on 21.07.2014, The present applicants are not similarly situated to the case of U.R.krishnamurthy i OA No.33/2009 which was decided by the Chennai Bench of the Tribunal on 02.05.2014 clearly dismissing the two similar OAs of G.Veeragharam Vs. Union of India and TN.Jayaraman Vs. Union of India as those cases were not similarly situated swith that of Shri Krishnamurthy's case; Gy). . the Principal Bench of the Tribunal in OA No.3683/2013 filed by K.K.Sharma Vs. Union of India, OA No.44si/2015 fled by R.B.Raul Vs. Unien of India and OA No.2221/2014 filed by Birbal Tejan Vs. Union of India has also established vide their order dated 12.08.2016 that the order of the Madras Bench of the Tribunal in CUA No.39/2009 cannot he held to 28 OAA2S, $8821 & PLOVIS be an order in rem because it was passed in favour of the applicants therein in particular factual circumstances of the case. The Principal Bench of the Tribunal has also categorically stated that as the Writ Petition (C}) No.) 3462/1079 had been dismissed vide order dated 21.07.2014, no fresh claim arose and the applicant cannot claim benefit of Senior Time Scale on first appointment to JTS:
Cv}. dee ecision of Hyderabad Bench of the Tribunal in OA No.832/2010 dated 26.08.2014, has been challenged in Writ Petition No. 11 142/201 in which interim stay has been granted by the High Court. Two other similar cases in OA No.1113/HP/2013 (Satpal Singh & Others Vs. Union of India) and in OA WNo.1238/HP/2013 (Kalyan Singh and others Vs. Union of India & Others) have been disposed of by the Chennai Bench of the Tribunal after considering the similar matter pending before the Hyderabad High Court in Writ Petition No.1} {1142/2015 in case of Union of India Vs. B.R.Somayajulu. The Principal Bench of the Tribunal has dismissed OA No.$4/2014 (R.K Sharma & Others Vs. Union of India} vide its order dated 64.10.9018 and three other OAs Nos.3683/2013, 4481/2013 and 2221/2014 were also ad Eee dismissed:
28 CA Sg, S8H WS & BAL
(vi). similarly, the other OAS have also been heard by the Principal Bench of the Tribunat filed by Shri Tilax Ram and others and dismissed on 27.02.2019, Also Full Bench of Ernakulam Bench of this 'Tribunal has heard simi dar matter in OA No. 180/00961/2014 fled by Shri K.PBalac shandara & 25 others and dismissed them by order dated 02.05.20 if in OA No.288/2013 and 28/2013;
3(g). as per letter of DOPT to Secretary UPSC on the sublect of "Guidelines for promotion in the Organized Accounts Services(Departments consequent to | issue of Ministry of Finance OM dated 22.09.1992" it had been ¢ larified that Officers promoted fom Group B to a Group A service switch to an entirely different track of senior management cadres with career prospects quit distinct from that of Group B officers. There is a qualitative diference between the attributes require ed of officers placed in the weale af Rs.2,200-4,000/- as Senior Aceount Officers and those promoted to Group A service, Such Group B officers cannot be compared with those of an Organized Group 'A' Agcauints Services. Therefore, a Court order in their case shall not constitute any precedent for any other case. Merely the commonality of pay scales cannot obliterate the clear distinction that ex! ists hehween the two categories. Moreover, pay seale attached to a post is not the 30 OA S34, SSH0IS & 231/201 sole determinant of classification of the post as the Government has power to make exceptions. Although there are identical pay scales of Senior Account Offic nd ACDA, as per the 6" CPC, the Grade Pay in the Junior Time Scale is only Rs.5,400/- and in the Senior Time Seale, it is Bs.6,600/- with pay scale of Rs.15,600-39, L00/-.
In view of the sbove submissions and case laws, these sn x Cys should be dismissed.
4. Analysis and conclusions :
d{a). We have carefully considered the submissions made by the applicants in their Q.As along with its Annexes, f eply fied by the respondents, rejoinder of applicants, vanous ca aselaws cited by the parties and considered the arguments advanced by the counsels of parties, 4{b). The main issue for decision in these OAs whether Sr. Time Scale of pay can be granted to Assistant Controller of Defence Accounts on promotion from the post of Sn AO. After being appointed on different posts such as Auditors, Clerks and Section Officers, the applicants got promoted to different pasts of Assistant Accounts Officers, Accounts Officers, Sr Accounts Officers and Assistant Controller of Defence Accounts. The pay scales for the post of Sr AO and ACDAs Is the same Le. as per 58 31 OA SIM, SBI & WHBWIS CPC, it was Rs. 8000-13500/- which got converted to PRB-2 of Rs,9300-34800/- with Grade Pay of Rs.S400/- as per 6" CPC pay seales. Thus on promotion to the post of ACDA, the applicants remained in the above mentioned same pay Stale.
4(e). The applicants in these OAs are seeking grant aft SrTime Scale of pay Le. Rs. 1 Q000-1S200/-. as per - S* CPC pay 'fs o LAr e and PB-3 of Rs. 15600-39100 with Grade Pay of Ra.6600/- as per & CPC pay scales at the time of their promotion as ACDA. This issue has to be examined as per applicable reoruitment rules and pay scales for various posts under the Indian Defence Accounts Service. Appointments to the post of Assistant Controller of Defence Accounts are made by promotion of Sr. AO and by direct recruitment through Civil Services Exa amine conducted by UPSC. The post of ACDAs and higher posts are under the Indian Defence Accounts Service. Appointees to this service are governed by Indian Defence Accounts Service Rules, 2000, As per Rule 9 of those rules, sve officer on appointment to the Indian Defence Accounts Service either by direct yecruliment or by promotion to JTS from Group 'B' service, shall be on probation for a period of 2 years, provided that Government may extend the period of probation in accordance with instructions issued by the Government from time to time.
32 OA S24, SS8/2014 & 23/2015 On campletion of prohation or extended probation, when a directly recruited officer is considered fit for permanent appointment, he is confirmed in Als appointment on recomunendations of duly constituted DPC in Junior Time Scale af pay. Officers promoied to the JrTime Scale, if considered fit by DPC for continued appoiniment to the service, orders will be issued by the appointing authority for confirming their appointment in JTS of pay.
As per Rule 10 of the above rules, recruitment by promotion te the post in the InTime Scale of the Indian Defence Accounts Service shall be made by selection from among SrAO (for Group 'B' Gazetted) in the pay scale of Rs.8000-13500/- with ral tt years combined service in the grade of Sr. AQ f A.O. on recommendation af DPC.
As provided under Schedule ID Annexed to the Indian Defence Accounts Service Rules, 2000, officers In the Jr Time Seale Le, Rs. 8000-135900/- with 4 vears regular service in the grade will be appointed on promotion to Sr Time Scale according to seniority based on sulability, 40d. From the sbove stipulations under the Indian Defence Accounts Service Rules, 2000, it is clear that Sr. AOs (Group B Gavetted), the nost on which the applicants in these OAs were 33 OA S24, 38/2014 & 23 2018 working got 'promote dj in its of the service to the post of Assistant Controller of Defence Accounts. On such appointments to Jr, Time Scale of the IDAS as ACDA, they were entitled to the pay scale of Rs.8000-13500/- as per 6" CPC which is PB-2 of granted this pay scale. Thus, after appointment to Ir. Time Scale of ACDAs, the applicants would have become entitled to promotion and grant of Sr. Time Seale of pay Le. Rs.10000- 18200/- as per 5° CPC pay scale and of PB-3 of Rs. 15600-39100 * Grade Pay of Rs.6600/- as per 6" CPC pay scale only on satisfactory completion of probation, their confirmation in IDAS on post of ACDA and assessinent for promotion to STS after total period of 4 years in the Jn Time Seale of pay. 'Therefore, there ts neither any provision under the Indian Defence Accounts Service Rules, 2000, nor any basis for their reasonable demand for grant of Sr. Tithe Scale. ofpay in PB-3 of Rs.15600-39100/- + Grade Pay of Rs.6600/- to them at the beginning of their joining in the Jn Time Scale as Assistant Controller of Defence Accounts. In feet they are seeking grant of STS simultancously from the same time Le. from day of their appointment on promotion to JTS of IDAS, without application of rules of probation, confirmation to appointment to TDAS and scrutiny by DPC for grant of STS.
fu ch 'be ttt Loe, Be ft or ted <> toe te Foe ia it oe pase) tae die). In view of the above factual position, the contention af the respondents is correct that the demand of the applicants in the present OAs for grant af Sr. Time Scale of pay te them just on their promotion to Jr, Time Scale in IDAS on post of ACDA from the post of Sy, Accounts Officer is de-hors.
The contention of the respondents also has weight that since the Indian Defence Accounts Service Rules, 2000 have been framed under Aricle 309 of the Constitution of India, a Court or Tribunal cannot held that a person who has been promoted as ACDA from the post of Sr. Accounts Officer should be deerned to iave met all the eligibility criteria of having rendered service in Jr. Time Seale of Group 'A' post Le. ACDA for grant o PSTS.
40. Rellance of the respondents on decision of Principal Bench of the Tribunel in O.A.3683/2013 (KK. Sharma Vs. Union of India), O.A.4481/2013 (LK. Kaul Vs. Union of India) and O.A222U2014 (Birbal Tejan Vs. Union of India) cated 3,08.2016 halding that the order of Madras Bench of the Tribunal in O.4.35/2009 cannot be held to be an order in rem because it had bean passed in favour of the applicant therein in factual cbreumstances of the case . Therefore, in view of dismissal of Writ Petition No. 1342/1979 by order of 21.07.2014, no sufficient claim Se arose and the applicants cannot claim benefit of Sr. Time Scaie ar 35 GA S24, S5G/2014 & 2391/2018 pay on first appointment to Jn Time Scale of Indian Defence Accounts Service.
Aig). The decision of this Bench of the Tribunal Shri Bhageerathan Vs. Union of India and others dated 25.03.1992 in O.A.426/1988, allowed the O.A. directing the respondents to refix the pay of the applicant from the date of his promotion to Sr. Time Scale with condition that in case final decision of Delhi High Court in case of PD. Makkar Vs. Union of India got reversed, then consequential benefits will be refunded by the applicant. A number of caselaws relied upon by the applicants were also of the period of pendency of the case of Shri K.G. Menon and others and Writ Petition No. 1342/1979 fled by Shri K.G. Menon and others came to be dismissed finally on 21.07.2014, 4th). The clarification issued by the DOPT mentioned in para 3(g) above is very relevant-on this issue.
44). From the above analysis of the case, it is clear that the applicants in these GAs have not been able to point out any justification under the relevant applicable rules in favour of their demand for grant of Sr. Tine Seale of pay of Indian Defence Accounts Service from the time of beginning of their promotion as Assistant Controller of Defence Accounts in Jn Time Seale.
Consequently, we do not find any merit in the OAs and they "36 OA S24, SS82014 & S31 /20TS deserve dismissal with cost. However, we are restraining ourselves from imposing cost on them in view of their retirement many years back.
up £5 an é:
re.
on 4 The OAs are dismissed. No casts.
+ Cx \ (Dr. BhagWht Sahdi} id ustice 2M 1G. Sewlikar) Member (A) Member (J).