Central Administrative Tribunal - Madras
V Vengadesan vs Ut Of Pondicherry on 17 November, 2022
"a 1 of 61 CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH OA/310/1468/2013 eh dad DATED THIS THE DAY OF SEPTEMBER TWO THOUSAND TWENTY TWO PRESENT: THE HON'BLE SHRI. T. JACOB, MEMBER (A) THE HON'BLE SMT LATA BASWARAJ PATNE, MEMBER (J) V. Vengadesan S/o.M. Vinayagam, Aged about 63 years, Residing at No.3 & 4, Main Road, 5.V.Nagar, Sokkanathanpet, Puducherry-605009, M.Ramakrishnan, S/o. Munisamy, Aged about 65 years, Residing at No.34 B Lane, V.V.P.Nagar, Thattanchavady, Puducherry-605009. K.Arjunan, S/o. V.Kuupusamy, Aged about 63 years, Residing at Plot No.71, IV Cross Street, Karma Veerar Kamarajar Teacher's Nagar, Ottampalayam, Puducherry-605110. . P. Murugesan, S/o. Palanimuthu, Aged about 62 years, Residing at No.32, X Cross, Anna Nagar, Puducherry-605005. . 10. 2 of 61 N.Shanmugam, S/o.Nandan, Aged about 61 years, Residing at No.51, Periya Palayathamman Koil Street, Nethaji Nagar HI, Puducherry. M. Kumudham, S/o. P. Murugesan, Aged about 59 years, Residing at No.32, X Cross, Anna Nagar, Puducherry-605005, 8. Nathamuni, $/o.Sundharam, Aged about 62 years, Residing at No.15, TIE Main Street, Nava Sakthi Nagar, Puducherry-605009. P.Kamalabai, W/o.Nathamuni, Aged about 60 years, Residing at No.15, III Main Street, Nava Sakthi Nagar, Puducherry-605009, M. Subramanian, S/o. Manickam, Aged about 64 years, Residing at No. 17, II Cross Street, Dr. Radhakrishnan Nagar, Moolakulam, Puducherry-605010. M. Thandavarayan, S/o. A.Manickam, Aged about 61 years, Residing at No.1, Middle Street, First Cross Murugapakkam, Puducherry-605004. ll. 12. 13. 14. 15. 16. R. Munniammal, s/o. S.Ramassamy, Aged about 61 years, Residing at No.64, V Cross Street, Dr. MGR Nagar, Oulgaret, Puducherry-605010. T. Santhanakrishnan, S/o. R. Thiruvengadasamy, Aged about 61 years, Residing at No.36, IT Street, Ananthapuram, Puducherry-605008. R. Vasanthabai, W/o.Sambanadam, Aged about 62 years, Residing at No.5, Middle Street, Moogambigai Nagar, Naimarmandapam, Puducherry-605004. C, Radabaye, W/o.Krishnaraj, Aged about 61 years, 3 of 61 Residing at No.233, Cuddalore Read, Mudaliarpet, Puducherry. B. Sundarabai, W/o.M.Jayavelu, Aged about 63 years, Residing at No. 115, Swaminatha Nayakar Street, Anankuppam, Puducherry-605007. M.Djeavelou, S/o.R.Munisamy, Aged about 68 years, Residing at Old No.2, New No.115, () 17. 18. 19, 20. 21, 4 of 6] Swaminatha Naiker Street, Anankuppam, Puducherry-605007. P. Srinivasan, S/o. Palanisamy, Aged about 65 years, Residing at No. 12, IX Cross, Rajaji Nagar, Lawspet, Puducherry-605008. K.Babu, S/o. Krishnasamy, Aged about 61 years, Residing at No.2/228, Mailam Road, Thiruchitrambalam, Puducherry-605111. Z.Manoranjidame, W/o. R.Parthasarathy, Aged about 67 years, Residing at No. 12, III Cross, Shanthi Nagar, Puducherry-605011. Valentine Saint Hubert, S/o. Fathimanathan, Aged about 61 years, Residing at No.5, First Cross, (First Floor), Soortyagadhi Nagar, Muthialpet, Puducherry-605003. A.Annammal, W/o.Lourdu Delamound, Aged about 64 years, Residing at No.5, II Cross Street, [V Main Road, Sellam Pappu Nagar, Reddiarpalayam, Puducherry-605010, if) a 22. 26. 27. 5 of 61 R.Pandarangam @ Palanisamy, 5/o.Rathinasamy, Aged about 64 years, Residing at No.29, VI Cross, Gnanaoragasam Nagar, Lawspet P.O., Puducherry-605008. Janabai, S/o.Kannan, Aged about 60 years, Residing at No.5B, First Cross, Sarathi Nagar, Puducherry-605011. N. Rangadass, S/o. Neelakandan, Aged about 60 years, Residing at No.10, Barathi Street, Ellapillaichavady, Puducherry-605005. G.Anandakrishnan, S/o. N.Govindan, Aged about 63 years, Residing at No.66, VI Cross, Anna Nagar, Nelithope, Puducherry-605005. M. Alyappan, S/o. Manickam, Aged about 64 years, Residing at No.22, Main Road, Bhavani Nagar, Veerampattinam, Ariankuppam, Puducherry-605007. P. Patchevajy, S/o. R. Passoubady, Aged about 63 years, Residing at No.28, Mariammab Koil Sireet, (> 29. 30. 32. 6 of 61 Kundupalayam, Thattanchavady, Puducherry-605009. D. Ganapathy, S/o. Deivanayagam, Aged about 63 years, Residing at No.54, 100 Feet Road, Elapillaichavady, Puducherry-605005. V. Sundaralakshmy, W/o. Vairakannu, Aged about 70 years, Residing at No.23, VII Cross, Brindavanam, Puducherry-605013. G. Janarathanan, S/o. Ganapathy, Aged about 67 years, Residing at No.209, TV Main Road, Mahaveer Nagar, Karuvadikuppam, Puducherry-605008, P. Rajendran, S/o. Pavadai, aged about 63 years, Residing at No.46, Subramaniar Koil Street, Valavanur, Villupuram-605108. M.Devigarany, W/o.A.Dayaram, Aged about 64 years, Residing at No.47, Thillai Mestry Street, Puducherry-605001. R.Tharabai, S/o,Ramakrishnan, Aged about 60 years, Residing at No.85, Yanam Vengidagal Pillai Street, Puducherry-605001. ie 34. 35. 36. 37. 38. 39, 7 of 61 N. Arulprakasam, S/o. S.Natarajan, Aged about 63 years, Residing at No.21, II Cross, Kamban Nagar, Reddiarpalayam, Puducherry-605010. G.Ranganathan, S/o.N.Govindasamy, Aged about 67 years, Residing at No,.42, Main Road, Govinda Salai, Bharathipuram, Puducherry-605011. §.Janakiraman, S/o. S. Suppurayan, Aged about 64 years, Residing at No.43, South Street, Thengaithittu, Puducherry-605004. R.Muthusamy, S/o.Rangasamy, Aged about 67 years, Residing at No.251F, VOC Sireet, Sundara Nagar Ex-2, Nainarmandapam, Puducherry-605004. A. Gnanamoorthy, S/o, §.Arunagiri, Aged about 74 years, Residing at No.18, Rajiv Gandhi Street, Senthamarai Nagar, Muthialpet, Puducherry-605003. K.. Nagarajan, S/o.N.Kumarasamy, Aged about 62 years, Residing at No.24/26, Rajiv Gandhi Street, Senthamarai Nagar, Muthialpet, Pondicherry-605003. '- 40. 41. 42. 43. 45. 8 of 61 V. Munian, S/o. Vadivelu, aged about 62 vears, Residing at No.27, Manaveli Street, Periyankuppam, Puducherry-605007. Francois Xavier Edmond, 5/o.Ponnousouce Edmound, aged about 64 vears, residing at No.6, Plot 0. 123, Cross, Teacher Colony, Radhakrishnan Nagar, Reddiarpalayam, Puducherry-605010. K. Perumai, S/o.Kanniappan, Aged about 64 years, Residing at No.26, Bajanai Madam Street, Thengaithittu, Puducherry-605004. P. Gnanasegaran, S/o.Palaniandi, Aged about 60 years, Residing at No.28, Nehru Street, Senthamarai Nagar,Muthialpet, Puducherry-605005. V. Bacthavachalam, 5/o. Varadharajulu, Aged about 63 years, Residing at No.6, IT Cross, Thanthai Periyar Nagar, Puducherry-605005. S. Velmurugan, S/o.M.R.Somasundaram, Aged about 63 years, Residing at No. No.4, Subramaniar Koil Street, 46. 47. 48. 49, 50. 51, 9 of 61 Kathirkamam, Puducherry-605009. S.Manjini, W/o.S.Sadayandi, Aged about 64 years, Residing at No.20, Angalamman Koil Street, Vambakeerapalayam, Puducherry-605001, T.Sivakamar, S/o.R.Thangavelu, Aged about 43 years, Residing at No.27, II Cross Street, Kurinji Nagar, Lawspet, Puducherry. Marimuthu, $/o.Ramakrishnan, Aged about 63 years, Residing at No. 15, Karunanithi Street, Govindasalai, Puducherry-605011. Navaneetha Krishnan Nirmala, W/o.Krishnamurthy, Aged about 61 years, Residing at 103, Devikuba Main Road, Krishna Nagar, Puducherry-605008. S.Mehala, W/o.M.Sivakumar, Aged about 64 years, Residing at No.4, Essem Vilas Sadaiappar Koil Main Street, Pettaiyan Chathiram, Puducherry-605009, S.M Sundaramal, W/o.G.T.Sambantham, Aged about 72 years, O 53. 34. 55. 56. 10 of 61 Residing at No. 183, I] Main Street, Velmurugan Nagar, Kuyavarpalayam, Puducherry-605013. N. Adimoolam, S/o.Narayanasamy Gounder, Aged about 65 years, Residing at No.26, Nehru Street, Indra Nagar, Mudaliarpet, Puducherry-605004. Thamaraikannan, S/o.J Srinivasan, Aged about 59 years, Residing at No.10, Thendral Street,. Jayamurthy Raja Nagar, Mudaliarpet, Puducherry-605004. L. Antoniette, S/o. M.A.Charles, Aged about 57 years, Residing at No.66, Vivekananda Street, Sellaperumalpet, Lawspet, , Puducherry-605008. A. Purushothaman, S/o. D.Arumugam, Aged about 62 years, Residing at No.18, Seenuvasapuram Veema Nagar, Thattanchavady, Puducherry-605003. A. Zeanabie, S/o. Abul Hameed, Aged about 63 years, Residing at No.17, First Cross, Nehru Street, Senthamarai Nagar, Muthialpet, Puducherry-605003. iy 60. 61. 62. 11 of 61 K. Balachandran, S/o.Krishnasamy, Aged about 63 years, Residing at No.17, Mariamman Koil Street, Sinna Kottakuppam, Kottakuppam P.O. A.Mouttou, S/o. Arunasalam, Aged about 67 years, Residing at No.8, East Street, Old Saram, Puducherry-605013. A. Ramakrishnan, S/o, Arumugam, Aged about 64 years, Residing at No.71, First Cross Street, Rainbow Nagar, Puducherry-605011. Camalavally, W/o. Caliaperumal, Aged about 61 years, Residing at No.40, V Cross Street, Jawahar Nagar, Boomiyanpet, Puducherry. N.Sagunala, W/o.C.Balaraman, Aged about 63 years, Residing at No. 14, Pavanar Street, Sudhana Nagar, Nainarmandapam, Puducherry-605004. C. Anandanayagi, W/o. Parandamane, Aged about 54 years, Residing at No.33, II Cross Street, T.V.KA. Nagar, Mudaliarpet, Puducherry-605004, 64. 65. 66. 67. 68. 12 of 61 P, Egamabaram, S/o.Munusamy, Aged about 70 years, Residing at No.11, 1 Street, Vallalar Nagar, Pethuchettipet, Puducherry-605008, S. Kaliayaperumal, S/o. Suburayan, Aged about 64 years, Residing at No.32, Perumal Koil theru, South Agraham, Valavanur-605108. M. Mohambaram, S/o. Munusamy, Aged about 70 years, No.272, X Cross Dr.Radhakrishnan Nagar, Moolakulam, Puducherry-605110. A. Thirumalai, S/o.Arunachalam, Aged about 65 years, Residing at Nathamedu, Chellancherry PO., Nettapakkam via., Puducherry-605106. VY. Dessingou, S/o, Vidjeanaidou, Aged about 61 years, Residing at No.50, Bungalow Street, Periyakalapet, Puducherry-605014. M. Andal, W/o.M.G. Varadha Venkatachalam, Aged about 66 years, Residing at P-24, ITI Cross Street, Health Employees Colony, Nanainarmandapam, Puducherry-605004. 70. 71. 74. 13 of 61 5.Baskaran, S/o.Subramanian, Aged about 61 years, Residing at No. 12, Lakshmi Nagar, Edayanchavadi road, Karuvadikuppam, Lawspet, Puducherry-605008. VJayam, S/o.8.Harihara Lyer, Aged about 59 years, Residing at No.94, II Cross Street, D.r.Nagar, Saram, Puducherry-605013. K. Alamelu, W/o, C.Rajamani, Aged about 60 years, Residing at No.2, Balaji Nagar, Peter Nagar Co-op., Saram P.O., Puducherry-605013. A. Anbarasu Kalappan, 5/o.Arumugam, Aged about 64 years, Residing at No. 1, Main road, Ezhil Nagar (North), Muthialpet, Puducherry-605003. C. Caliaperoumal, S/o.¥, Coumarassamy, Aged about 64 years, Residing at No.30, IT Cross, Teachers Colony, Moolakulam, Puducherry-605010. R.M. Vasantha, S/o. Muthaiyan, Aged about 59 years, Residing at Plot No.5, New Vanniar Street, Pakkamudayanpet, Puducherry-605008. =~ 75, 76. 77, 78. 79, 80. Hof 61 T. Rajendiran, S/o. Tamodarane, Aged about 60 years, Residing at Plot No.5, New Vanniar Street, Pakkamudayanpet, Puducherry-605008. A.Abdul Waheed, S/o. Abdul Kareem, Aged about 60 years, Residing at No.38A, North Sireet, Old Saram, Plot No.5, New Vanniar Street, Pakkamudayanpet, Puducherry-605013. A. Shahila Waheed, S/o.A.Abdul Waheed, Aged about 58 years, Residing at No.38A, North Street, Old Saram, Plot No.5, New Vanniar Street, Pakkamudayanpet, Puducherry-605013. G.Gajapathy, S/o.A.Gopal, Aged about 63 years, Residing at P.No.44, V Cross Podhigai Nagar, Navarkulam, Lawspet, Puducherry-605008. C. Pakirasamy, S/o. Chidambaram, Aged about 63 years, Residing at No.2/820, Podhurai road, Thiruchitrambalam - 605111. P. Rajaram, S/o. Purushothaman, Aged about 57 years, Residing at No.18, Bharathiar Street, él. 82. 83. 84. 85. 86. 15 of 61 Agathiar Nagar, Lawspet, Puducherry-605008. 8.Muruganandam, S/o.A.Sadasivam, Aged about 55 years, Residing at No.24, VPS Koil Street, Lawspet, Puducherry-605008. E. Purushothaman, S/o.Ethirajulu, Aged about 58 years, Residing at No.15, Citizen Avenue, Karuvadikuppam, Puducherry-605008. 5. llango, 5/o.R.Shanmugam, Aged about 56 years, Residing at No. 12, Govindan Street, Ananda Nagar, Kadirkamam, Puducherry-605009. N. Jayaraman, S/o. 8..Natarajan, Aged about 57 years, Residing at No.39, I Cross, Thilagar Nagar, Puducherry-605009. S. Ramasamy, S/o.M.R.Somasundaram, Aged about 60 years, Residing at Plot No.10 & i1, Natesan Street, Anandha Nagar, Kathirkamam, Puducherry-605009. C. Shanmugam, S/o. P. Chidambaram, 87. 88. 89. 90. 91. 16 of 61 Aged about 60 years, Residing at No.12, Rajiv Gandhi Street, Senthamari Nagar, Muthialpet, Puducherry-605013. S.Arichenane, S/o. R. Srinivasan, Aged about 61 years, Residing at No. 124, A VI Cross, Dr.Radhakrishnan Nagar, Moolakulam, Puducherry. M. Vinayagam, S/o.Munisamy, Aged about 60 years, Residing at No.334, Vazhudavur Road, Sokkanathanpet, Puducherry-605009. P. Jeevanandam, S/o. Perumal, Aged about 66 years, Residing at No.4, Vallalar Street, Pethuchettipet, Puducherry-605008. V. Thulasi, S/o. Veerappan, aged about 61 years, residing at Old No. 13, New No.3, Chidhamabaranar Street, Engeniammal Nagar, Nellithoppe, Puducherry-605005. A. Soundaramourthy, S/o. ayyasamy, aged about 61 years, residing at No.45, Nethaji Street, ashok Nagar, Lawspet, Puducherry-605008. 93. 94. 95. 96. 97. 98. 17 of 61 Sambandam, S/o.N.Govindasamy, aged about 66 years, residing at No. 153, IV Cross, D.R.Nagar, Puducherry-605013. P, Pitchandy, S/o.Pandourangame, aged about 64 years, residing at No.19, Maraimalai Adigal Street, Shanthi Nagar Extn., Lawspet, Puducherry-605008. K.Murugesan, V.Kuppusamy, Aged about 60 years, Residing at No. 101, IV Cross, Karmaveerarer Kamaraj Nagar, Ottampalayam, Puducherry-605010. 5.Kalaimani, S/o.R. Shanmugam, Aged about 62 years, Residing at No.11, Ellapidari Amman Street, Ragavendra Nagar, Kurumbapet, Muthirapalayam, Puducherry-605010. G.Sugunabai, S/o. R.Ganesan, Aged about 56 years, Residing at No. 10, II Cross, Mohan Nagar, Puducherry-605005. S.K.Mohan, S/o. S.Krishnavenu, Aged about 60 years, Residing at No.10, II Cross, Mohan Nagar, Puducherry-605008. 5.irudhayaraj, S/o. Sinnaya, Aged about 62 years, 18 of 61 Residing at No.5, Chettikulam Street, R.K.Nagar, Ariyankuppam, Puducherry605 007. 99. V. Lakshmipathy, S/o. Venkatapathy, aged about 66 years, residing at O Block, No.25, PHB, Boominapet, Puducherry 605005, 100. L. Vijaya, S/o. Venu, aged about 60 years, residing at No.5, I Cross, Anna Nagar, Nellithoppe, Puducherry 605005. 101. R. Elumalai, S/o. Rathinam, aged about 61 years, residing at No.2, [i Cross, SMV Puram West, Villianur, Puducherry 605110. 102. V. Loganathan, S/o. Vaithilaingam, Aged about 74 years, Residing at No. 1/64, Bazaar Street, \Moolakulam & Post, Villupuram Taluk, 103. M.Parthasarathy, S/o,.Manickam, Aged about 73 years, Residing at No. 1, Drowpathi Amman Koil Street, Arumbarthapuram, Puducherry 605 100. 104. M.Haridass, S/o.Manickam, Aged about 67 years, Residing at No.115, Main Road, Arumbarthapuram, Puducherry 605110. 105. 106. 107. 108. 109. 110. 19 of 61 DJaganathan, S/o. Deivanayagam, Aged about 70 years, Residing at No.62, Main Road, Arumbarthapuram, Puducherry 605110. A.Calioperoumal, S/o. Anandan, aged about 61 years, residing No.32, Mariamman Koil Street, Arumbarathapuram P.O., Puducherry 605110. R.Chakkaravelu, S/o. Rajamanickam, aged about 64 years, residing at No.62, Barathidasan Street, Arumbarathapuram P.O., Puducherry 605110. A. Krishnamurthy, S/o. Adhimoolan, Aged about 65 years, Residing at No.51, Main Road, Arumbarathapuram P.O., Puducherry 605110. K. Meenatchi, W/o. Kalimuthu, aged about 66 years, Residing at II Cross, Vasantham Nagar, Arumbarathapuram, Puducherry 605110. C. Barthasarady, 8/o.Couppusamy, aged about 64 years, residing at No.23, Selva Nilayam, SMY¥ Puram (East), Villianur (PO), Puducherry 605110. 112. 113. 114. 115. 116. 20 of 61 2 P, Ramalingam, S/o,Periyannapillai, aged about 73 years, residing at No.11, Thottikara Street, Kanuvapet, Villianur, Puducherry 605110. M.Gurumari, W/o.Muthusamy, aged about 64 years, residing at No.22, I Cross Street, Sundaramurthy, Vinayagarapuram East, Villianur, Puducherry 605110. V. Santhabai, W/o. Varadarajalou, aged about 65 years, residing at No.27, I Cross Street, Sundaramurthy, Vinayagapuram East, Villianur Puducherry 605110. A. Mayavady, S/o. Amoundalingame, Aged about 60 years, Residing at No.17, Villupuram Main Road, Sundaramurthy, Vinayagapuram East, Villianur, Puducherry 605110, M. Velayudham, S/o. Malayathan, aged 60 years, residing at No.90, Edayanchavadi Road, Karuvadikuppam, Puducherry 605008. N. Vaithilingame, S/o, Narayanasamy, aged about 73 years, residing at Rajiv Gandhi Nagar, Thavalakuppam,,. Puducherry 605007. 21 of 61 117. 8S. Govindarassou, s/o.Sundara Gramani, aged about 71 years, residing at No.6, Mariamman Koil Street, Kasanthittu, Kattupalayam, Puducherry. 118. M. Cannapin, s/o.Kk.Murugesan, aged about 66 years, residing at No.45, Pooranakuppam Road, Thavalakuppam, Puducherry 605007. 119. T. Ramamourthy, s/o. Thamodaran, aged about 72 years, residing at No.2, Mariamman Koil Street, Porayur, Villianur P.O., Puducherry-605110. 120. S. Ramassamy, S/o. Subramaniyam, Aged about 66 years, Residing at No.32, West Street, Villianur, Puducherry 605110. 121. D,Vijayaraghavan, S/o.Duraisamy, aged about 73 years, residing at No. 1/122, Perumal Koil Street, navammal Marudur, Kanadamangalam P.O., Villianur. 122. K.Vijayalakshmi, w/o.Krishna Pillai, aged about 65 years, residing at No.3, IV Cross, Thilagar Nagar, Puducherry 605009. 22 of 61 123. K.Jayachadran, S/o.Kesavan, aged about 61 years, residing at 6, Opp. Cinema Theater Street, Kariyamanickam POQ., Puducherry 605106. 124. M.Thirunaukkarasu, s/o.Muthuram, aged about 66 years, residing at Reddiar Strret, Kariysmanickam PO., Puducherry 605106. 125. G.Tharabai, s/o.N.Givindasamy, aged about 63 years, residing at No.4/93, East Street, Vaniarpalayam, V.Agaram (PO), Villupuram-605 106. 126. S.Uthiradam, s/o.R. Shanmugam, aged about 63 years, residing at No.40, III Street, S..5.Nagar, Maducacarai, Puducherry 605105. 127. C.Arunachalam, S/o.Chidambaram, Aged about 67 years, Residing at No.37, I Cross, V.S.Nagar, Maducarai, Puducherry 605105. 128. RJayabal, 5/o.Rajagopal, aged about 62 years, residing at No.64, Sengunthar Street, Maducarai PO., Puducherry 603105, @ 23 of 61 129. S.A.Annamalai, §/o.Alaganandham, aged about 70 years, residing at No.23, VOC Street, Meenatchipet, Puducherry 605009. 130. R.Yasodara, W/o.K.Ramayan, Aged about 61 years, Residing at No.6, Cinema Theater Street (Opp)., Kariyamanickam PO, Puducherry 605106. 131. C.Thaiyalnayagi, W/o.Chounmougam, aged about 63 years, residing at No.27, III Cross, V.S.Nagar, Maducarai, Puducherry 605105. 132. §S.Vedanayagam, 5/o.A.Subbarayan, aged about 61 years, residing at No.9, Sooriyanpettai Street, P.S.Nallur, Nettapakkam, Puducherry 605106. 133. K. Devarassou, S/o.Kichenane, Aged about 68 years, Residing at No.40, II Street, Kamban Nagar, Reddiarpalayam, Puducherry-605010. 134. A.P.Ramalingam, S/o. Palanisamy, Aged about 65 years, Residing at No.38, Vinayagar Koil Street, Thilaspet, Puducherry 605009. "135. 136, 138. 139. 140. 24 of 61 P.Selvaraj, S/o.Pandurangan, aged about 63 years, residing at No.31, Villupuram Main Road, Kottaimedu Villianur PO., Puducherry 605110. R.Dhandapani, S/o.Ramasamy, aged about 66 years, residing at No. 14, Old Tank Street, Pangour, Pallithennal, Puducherry 605102, . R.Kuppusamy, S/o.Ramu, aged about 60 years, residing at No. 12, Vellar Street, Villianur, Puducherry 605110. K.Djeanandam, S/o.Krishnan, aged about 63 years, residing at No. 17, Mariamman Koil Street, Poryur, Villianur, Puducherry 605100. M.Chinnappan, S/o. Michael, aged about 63 years, residing at No.6, V Cross, Kaveri Nagar, Villianur, Puducherry 605110. R.Chandra, W/o.K.Rengassamy, Aged about 63 years, Residing at No.29, VOC Street, Meenatchipet, Puducherry 605009. © 14] 142. 143. 144, 146. 25 of 61 . M.Muthammal, w/o.M.Arumugam, aged about 65 years, residing at No.35, IT Cross, Kamban Nagar, Reddiarpalayam, Puducherry 605010. D.Sivaraju, S/o/Divasigamani, Aged about 64 years, Residing at No.45, East Street, Bahour, Puducherry 607402. D.Ramanujam, s/o.Deivanayagam, aged about 66 years, residing at No. 19, East Street, Bahour, Puducherry 607402. K.Kalarani, S/o.S. Vedapuri, aged about 58 years, residing at No. 16, IL Cross Extn., thanthai Periyar Nagar, Puducherry-605005. . V. Parameswary, W/o.R.Krishnasamy, aged about 48 years, residing at 85, Candappa Mudaliar Street, Puducherry 605001. K. Vijaya, w/o, M.Sree Ramachandran, aged about 60 years, residing at No.35 & 36, Dr.Kalainagar, Velrampet, Puducherry-605004, 26 of 61 147. §. Poongothai, w/o. Thirukkannu, aged about 61 years, residing at No.67 & 68, Pavaner Street, Sudhana Nagar, Puducherry. 148. M.Govindan, S/o.Mottaiyan, Aged about 57 years, Residing at No.4, Main Road, Srinivas Nagar, Ariyankuppam, Puducherry 605007. 149. K.Ponneswary, w/o.Sivanandhan, aged about 57 years, residing at No.251 A, Kasthuribai Street, Suchana Nagar, Puducherry 605007. 150. PJayalakshmi, w/o.Prabhakaran, aged about 59 years, residing at No.16, Marie Street, bizehbakkam, Puducherry 605007. 151. V.Chandra, w/o. Velayutham, aged about 60 years, residing at No.247, Kasthuribai Street, Sudhana Nagar Li, Nainarmandapam , Puducherry 605004. 152. KR. Codandabany, s/o.Ranganathan, aged about 63 years, Residing at "Meenatchi Arulagam", 96, Salai Street, Moolakulam, Puducherry 605010. (oe) 153 154. 155. 156. 157. 138. 27 of 61 . R-Thilagavathy, w/o.P.Sakthivel, aged about 61 years, residing at No.MIG 28, IL Cross Street, Housing Board Complex, Kurumbapet, Puducherry 605009. P.Sakthivel, S/o.Perumal, Aged about 64 years, residing at No.MIG 28, II Cross Street, Housing Board Complex, Kurumbapet, Puducherry 605009. A. Venugopalan, S/o. Ariaputhri, Aged about 66 years, residing at No.MIG 28, I Cross Street, Housing Board Complex, Kurumbapet, Puducherry 605010. A.N.Mani, S/o. A.S.Natesa lyer, Aged about 73 years, residing at No. MIG 28, I Cross Street, Housing Board Complex, Kurumbapet, Puducherry 605013. Desire Jules Albert Leon, S/o.Leon Antonisamy, Aged about 65 years, residing at No.MIG 28, II Cross Street, Housing Board Complex, Kurumbapet, Puducherry 605003. A.Purushothaman, S/o.K.anbu, Aged about 62 years, residing at No.MIG 28, I Cross Street, Housing Board Complex, Kurumbapet, Puducherry 605009. 159. 160. 161. 162. 163. 164. 28 of 61 S.Rouccoumany, s/o.Poyadamounthy K., Aged about 58 years, residing at No.MIG 28, II Cross Street, Housing Board Complex, Kurumbapet, Puducherry 605004. B.Rathinamala, W/o. Voltaire Bathamanabin, aged about 65 years, residing at No.MIG 28, IT Cross Street, Housing Board Complex, Kurumbapet, Puducherry 605001. D.Sarodja @ Bhanumathi, w/o.P.v.Dhandapani, Aged about 63 years, Residing at No. 14, TI Cross Street, Devagi Nagar, Muthialpet, Puducherry 605003. D.Rajalakshmi, w/o.S.duraiswamy, aged about 65 years, residing at No.24, Kamaraj Salai, Puducherry 605061. S.Amaloravamarie, W/o.Sameguiradjou, Aged about 66 years, Residing at No.23, Convent Street, Nellithoppe, Puducherry. V.Chandra, W/o. Vaithinathan, Aged about 63 years, Residing at No.53, D.Savarirayalu Street, Puducherry 605001. (® (@ 165. 166, 167. 168. 169. 170. 29 of 61 Marie Antoinette Leontine, w/o.Marisusainathan, aged about 65 years, residing at No.92, Candappa Mudaliar Street, Puducherry 605001. G.Susaiammal Arokiaraj, wi/o.A.Arockiyaraj, aged about 61 years, residing at No.36; Mantorsier Street, Puducherry 605001. 5.Shamshath Begum, W/o.A.Mohamed Kassim, Aged about 61 years, Residing at 55, Caziar Street, Puducherry. M. Vidjeacoumari, S/o. R. Pakkirisamy, aged about 63 years, residing at No.40 & 41 First Cross Srinivasa Avenue, Manaveli, Ariankuppam, Puducherry-605007. K.Poyadamourthy, s/o.S.Kathirvel, aged about 61 years, residing at No.24, Paventhar Street, Dr. Ambedhkar Salai, Mudaliarpet, Puducherry-605004. Caroune Anandame, S/o.Sundaramourthy, aged about 66 years, residing at No.4, Bharathidasan Street, Vallalar Nagar, Lawspet P.O., Puducherry-605008. 171. 172. 173. 174. 175. 176. 30 of 61 V.Annamalai, S/o.M. Velayudham, aged about 58 years, residing at No.60, Muthiya Mudaliar Street, Muthialpet, Puducherry-605003. C.S.Ramanathan, S/o.Srinivasan, aged about 64 years, residing at No. 1, First Cross, Sai babu Nagar, Ariyankuppam, Puducherry-605007, D.Asokan, S/o.Deivanayagam, aged about 60 years, residing at No.2, Barathiar Salai, Ashok Nagar, Lawspet, Puducherry-605008. V. Vaithilingane, S/o. Velayudham, Aged about 70 years, Residing at No.6, Nadutheru Sokkanathanpet, Puducherry-605009, R.Toulasy, 5/o.Ranganathan, aged about 66 years, residing at No.92, Main Road, Thondamanthan & P.O., Valudhavoor (via), Puducherry. J.Devadoss, S/o. Jambukumar, Aged about 63 years, Residing at No. 13, Il Cross, Vasantha Nagar, Thengathittu, Puducherry-605004. (@ 177. 178. 179. 180. 181. 31 of 61 5. Latchumanan, S/o.K.Sadhasivam, Aged about 60 years, Residing at No.76, V Cross Dr, Radhakrishnan Nagar, Reddiarpalayam, Puducherry-605010. G.Pushpanathan, .M.Govindasamy, aged about 63 years, residing at D-36, Dayanand Street, Indira Nagar, Mudaliarpet, ducherry-605004. R.Devarassou, s/o. Rangaswamy Pillai, Aged about 64 years, Residing at No.26, IT Cross, Jawahar Nagar, Boominapet, Reddiarpalayam, Puducherry-605005. P. Tiroupurassoundary, w/o.J.Parameswaran, aged about 65 years, No. 108, II Floor, Pallivasal Street, Periyar Nagar, Nelithope, Puducherry-605005. A.Mariasspuci Radjou Amanadin Arthur @ Athmaradjou, s/o.Arthur Canagappan, aged about 60 years, residing at No. 119, Belkis Street, Nellithoppe, Puducherry-605003. . s.shanmugam, s/o.Sambandam, Aged about 61 years, Residing at No.95, Akkasamy Koil Street, V.0.C, Nagar, Muthialpet, Puducherry-605003. 183. 184. 185. 186. 187. 188. 32 of 61 K.Loganathan, S/o.Kuppusamy, Aged about 60 years, Residing at No.1, Kurinchi Street, Bharathi Nagar, Ariyankuppam, Puducherry-605007. 5.Perumal, s/o.M.Sengeni, aged about 59 years, residing at No. 10, Nanamedu, Thavalakuppam, Puducherry-605007. L.Arpquiammalle, S/o. S, Lourdasamy, Aged about 58 years, Residing at No.36, Vivekananda Street, Murugasamy Nagar, Vanarpet, Puducherry-605001. V. Balabascarane, S/o. Vaithilingam, aged about 57 years, Residing at No. 1, Gangaiamman Koil Street, athirkamam, Puducherry-605009. K.Manimozhi, w/o.Kuppusamy, aged about 59 years, Residing at No.94, Bharathi Street, Kathirkamam, Puducherry-605007. 8.Seduraman, s/o.Sellakannu, Aged about 66 years, Residing at No.25, Dr.Annie Besant Street, V.0.C.Nagar, Muthialpet, Puducherry-605003. © 189. 190. 191. 192. 193. 194. 33 of 61 Rai Marie Sainte Elisabeth, S/o.Kichenaradjou, Aged about 61 years, Residing at No. 169, Villianoor Road, Murugapakkam, Puducherry-605004. K.Gnanamurthy, s/o.Kuppakounder, aged about 63 years, residing at No.33, Kalaimagal Street, Divankandappa Nagar, Nainarmandapam, Puducherry-605004, V.Ramalingam, S/o.R. Varadarajalou, Aged about 59 years, Residing at No.6, I Cross Street, Brindavanam, Puducherry-605013. M.Prema, W/o.R.Ramalingam, Aged about 66 years, Residing at No.59 A, Lenin Street, Kosapalayam, Puducherry-605013, A. Arimappamagan, s/o.Arumugam, aged about 48 years, residing at No.20, 20th Cross Street, Avvai Nagar, Lawspet, Puducherry-605008. R.Bashyam, S/o.Ramakrishnan, Aged about 63 years, Residing at P.No. 127, D.No.5, VI Cross, Dr.Radhakrishnan Nagar, Moolakulam, Puducherry-605010. 7 195. 196. 197, 198. 199. 201. 34 of 61 R.Soubramanien, S/o.Ramasamy, Aged about 67 years, Residing at No.33, Paris Nagar, Moolakulam, Puducherry-605010. A.Muthuvardhan, S/o.Adinarayanan, Aged about 37 years, Residing at No.20, Ariyur PO, Kandamangalam, Puducherry-605102. R.Govindarajulu, 5/o.Ramassamy, Aged about 65 years, Residing at No.2, I Cross, Dr. Radhakrishnan Nagar, Moolakulam, Puducherry-605010. G. Vathsala, W/o.R.Govindarajulu, Aged about 60 years, Residing No.2, IT Cross, Dr. Radhakrinan, Teacher's colony, Radhakrishna Nagar, Puducherry. N.Jeevarathinam, S/o.M.Narayanasamy, Aged about 66 years, Residing at No.32, Easwaran Koil Street, Marie Oulgaret, Puducherry-605010. . V.Vasudevan, S/o. Venkatesan, aged about 63 years, residing at Plot No.79, [V Cross, Dr.M.g.R.Nagar, Oulgaret, Puducherry-605010. R, Djeandy, W/o.T.Manivannan, Aged about 63 years, 202. 203. 204, 205. 206. 35 of 61 Residing at No.32, Swaminatha Pillai Street, Mudaliarpet, Puducherry-605010. P. Krishnan, S/o.Pasuvareddy, Aged about 62 years, Residing at No.14, Nethaji Street, Ashok Nagar, Lawspet, Puducherry-605008. Marie Joseph Christian, W/o.Louis Aroulapa Selvaradjou, Aged about 63 years, Residing at No.144, Nidarajapayer Street, Puducherry-605001. C.Balaraman, S/o.K.Chinnasamy, Aged about 63 years, Residing at No.14, Pavanar Street, Sudhana Nagar, Nainarmandapam, Puducherry-605004. L.Sathiyamurthy, S/o.Latchumanan, Aged about 68 years, Residing at No.1, Anna Street, Indira Nagar, Mudaliarpet, Puducherry-605004. M.Munisamy, S/o.Muthuchettiar, Aged about 71 years, Residing at East Vaniar Street, V.Agaram, Villipuram District, Vaniyampalayam-605105. . L. Patcheammalle, 5/o.Loganathan, Aged about 62 years, Residing at No.427, M.G.road, Puducherry-605001. 36 of 61 208. S.Arumugam, s/o.Somasundaram, Aged about 65 years, Residing at No.8, Rathinam Street, Anandha Nagar, Kathirkamam, Puducherry-605009, 209. V.Ramalingam, s/o. Venu Chettiar, Aged about 70 years, Residing at No. 10, I Cross Street, Rajarajeswari Nagar, Puducherry-605011. 210, Chinnaswamy, S/o.Rathinam, Aged about 67 years, Residing at No.36, Mudaliartheru, Delarshpet, Puducherry-605009. 211. Cril Fenelon, S/o.Paul Fenelon, Aged about 60 years, Residing at No.16, III Cross, Annai Theresa Nagar, Moolakulam, Puducherry 605010. 212. R.Rajasekaran, s/o.Rajagopal, Aged about 57 years, Residing at No. 1, Mariamman Koil Street, Ragavendra Nagar, Saram, Puducherry-605013. 213. R.OQuma Parvady, s/o.Saravanamuthu, Aged about 57 years, Residing at No.32/3, Dhanakodi Nagar (Extn.), vekananda Street, Dharmapuri, Puducherry-605009. a @ 214, 215. 216. 217. 218. 219. 220, 37 of 61 K.K.Padmavathi, W/o. Madhavan Adiyodi, aged about 65 years, Residing at No. 12, II Cross, Mullai Nagar, Orieanpet, Puducherry-605005. C.Canessane, S/o.Couppusamy Cavundar, Aged about 67 years, Residing at No.2, Tswaran Koil Street, Agaram, Koodapakkam P.O., Puducherry-605502. N.Velmurugan, S/o.Nagappan, Aged about 61 years, Residing at No.2/34, Irambai Road, Thiruchittrambalam Kootu Road, Vanur Taluk-605111. G.Shanmugam, 3/o.Ganapathy, Aged about 65 years, Residing at No.2, Subbaiya Street, Shanmugapuram, Puducherry-605009., N.Punithavathi, W/o.K. Vaithianathan, Aged about 60 years, Residing at No.280, Point Care Street, Mudaliarpet, Puducherry-605004. N.Narasimman, S/o.K.Nagireddy, Aged about 61 years, Residing at No.81/A, Kanniga Koil Street, Bahour, Puducherry. 5.Michael, S/o.Savarimuthu, Aged about 60 years, Residing at No.26, west Street, Bahour, Puducherry. i bo -- 222. 224, 38 of 61 . §. Devarajan, §/o.K.B.Sivaramareddy, Aged about 63 years, Residing at No.16, First Cross, Annai Indira Nagar, Ariankuppam, Puducherry-605007. J. Ajitha Kumar, S/o.M.K. Jyothi Kumar, Aged about 53 years, Residing at No. 15, Reshmeeyan, Kavi Kuyil Street, Ashok Nagar, Lawspet, Puducherry-605008. . V.Radjesvary, W/o.8.Sathasivam, Aged about 52 years, Residing at No.94, Subramanya Swamy Koil Street, Lawspet, Puducherry-605008. S.Selvi, W/o.Asokan, Aged about 55 years, Residing at No.3, X Cross, Bakthavarchalam Street, Tagore Nagar, Lawspet, Puducherry-605008. : . P.Mathappan, S/o.Perumal, Aged about 57 years, Residing at No.85, West Street, Bahour, Puducherry-607402. . Latcoumy, W/o.Jayakumar, Aged about 59 years, Residing at No.10, 22nd Cross, Avvai Nagar, Lawspet P.C., Puducherry-605008, © 227. 228. 229, 230, 231. 232. 39 of 61 Margaret Balraj, W/o.M.A..Bairaj, Aged about 51 years, Residing at No.9, ITI Cross Extension, Ilango Nagar, Puducherry-605011. T. Theodora Glory, W/o.S.Boopalan, Aged about 57 years, Residing at No.9, Veerampattinam Street, Ariankuppam, Puducherry-605007. V. Radjalatchoumy, W/o. 8. Varadarajan, Aged about 54 years, Residing at No.45, Saminatha Naiyakar Street, Ariyankuppam, Puducherry-605007. T.Kalavady, S/o.Kengadaran, Aged about 60 years, Residing at No.24, Dhayanand Street, Indra Nagar, Mudaliarpet, Puducherry-605004. S.Bumadvi, W/o.Sugumaran, Aged about 58 years, Residing at No. 145, Perumal Koil Street, Pudhucherry-605001. G.Ramamurthy, S/o.Govindasamy, Aged about 62 years, Residing at No.6, Jeevanadam Street, Dr. Radhakrishna Nagar, Thattanchavadi Post, Puducherry-605009. 234. 40 of 61 . R. Harikrishnan, 5/o.Ragavan, Aged about 62 years, Residing at No.6, First Middle Street, (8th Cross), Kurunji Nagar, Lawspet Post, Puducherry-605008. K. Selvaraju, S/o. Kichenassamy, Aged about 67 years, Residing at No. 16, 9" Cross, Rajaji Nagar, Lawspet, Puducherry. (Advocate: M/s. Giridhar & Sai) Versus Government of Puduchery, represented by Secretary to Government, Education Department, Chief Secretariat, Puduchery, representing Union of India The Director of Schcol Education, Puduchery; The Director of Accounts and Treasury (DAT) Government of Puducherry, Puduchert. (Advocate: Mr. R. Syed Mustafa) Applicants . Respondents 41 of 61 ORDER
(Pronounced by Hon'ble Mr. T. Jacob, Member (A)) This OA has been filed by the applicants under Sec.19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
"(i) To direct the respondents to pay the sums due to the _ applicants arising from the extension of the benefit of the ACP Scheme under G.O.Ms.No.77 dated 03.09.2007, by taking into account the actual pay drawn by the applicants as on 09.08.1999 for the purpose of fixation of pay in the Financial Upgradations contemplated under the said scheme, with all consequential benefits including refixation of pension and payment of arrears of pay and allowances and pension arising therefrom, with interest at 15% per annum from 03.09.2007 till date of actual payment;
(ii) To award costs, and pass such further and other orders as may be-deemed and proper and thus render justice."
2. The brief facts of the case as submitted by the applicants are as follows:-
The 1* applicant entered service as a Primary School Teacher on 16.06.1970. In 1986 a Senior Scale was introduced for teachers upon completion of 12 years of service, to relieve stagnation; but no additional increment is granted at the time of fixation in the Senior Scale in terms of FR 22 (1) (a) (i) as granied under the ACP scheme. He was granted the Senior Scale on 01.06.1986. He retired from service on 31.10.2010 as Headmaster (Primary). From the inception of their service, the 42 of 61 . applicants have been discharging their duties in a sincere and dedicated manner and have a good service record. While so, the Government issued G.O.Ms.No.77 dated 03.09.2007, directing the implementation of the ACP Scheme to teachers and other miscellaneous category of teachers working in the Education Department of Government of Puduchery with effect from 09.08.1999 in lieu of existing time bound scheme of conferment of Senior Scale/Selection Scale. It was declared that the existing time bound scheme shail be deemed to have ceased to exist with effect from 09.08.1999. By an order dated 05.09.2008 on the recommendation of the Departmental Promotion Committee first applicant and 14 other Primary School Headmasters were granted the benefit of the ACP; the first applicant was granted pay on the scale of Rs.5500-9000 with effect from 09.08.1999 and the 2™ upgradation on the same day to the scale of Rs.6500-10,500/-. By another order dated 05.09.2008, 8 other Primary School Headmasters were granted similar benefit. By a communication dated 08.09.2008 the applicant then was asked to exercise option with regard to fixation of pay in the new scales. Accordingly he exercised his option to do so, By an order dated 30.09.2008 the pay of the first applicant was fixed initially in the scale of Rs.5500-175-9000 by adding a notional increment to the existing pay and thereafter fixed in the scale of Rs.6500-200-
10,500 at Rs.8500/- per month with effect from 09.08.1999 with DNI on 01.08.2000. Although, the exercise of fixation of pay consequent upon financial 43 of 61 8 upgradation is under the ACP were completed in the case of the first applicant and a few others, till date the sums due have not been paid to them, despite several representations and assurances of payment. In the case of most other applicants, the pay fixation details, consequent upon the formal grant of ACP benefits have not been communicated to them. The applicants have made several representations, including representations dated 24.12.2012 seeking proper pay fixation, consequent to the formal grant of the ACP scheme as directed and payment of the benefits due. The Respondents stated that the delay in payment arose out of certain internal objections raised by the Directorate of Accounts and Treasury (DAT), i-e., the 3 Respondent herein, and that clarifications are already been submitted by the Education Department. The Respondents assured the applicants that the sums due to them would be paid soon, but till date they have not kept their promise. The applicants recently learnt that the DAT had opined that the fixation of pay was erroneous, and that the pay drawn in the senior/selection Scale should not be taken into account for the purpose of such fixation upon grant of the ACP. It is learnt that the Education Department is of the view that the pay and senior/selection Scale cannot be ignored, but the DAT was continuing to object to the same. The objection of the DAT apart from being beyond the scope of its functions, is clearly erroneous in law and arises from a failure to comprehend the nature of the ACP scheme and the legal effect of G.O.Ms.No. 77. It is pertinent to state that an 44 of 61 > additional increment is not granted upon fixation in the senior/selection Scale and as such upon the first upgradation envisaged wider the ACP, the applicants are entitled to an additional increment. The question of ignoring the pay in the senior/selection Scale does not arise as the said G.O. clarifies that senior/selection Scale shall be deemed to have ceased with effect from 9.08.1999. Moreover, several juniors have been paid the benefits, including arrears of pay and allowances consequent upon the grant of ACP benefits. Hence the failure of the Respondents to fix the pay of the applicants suitably and pay the sums due to them, consequent upon formal grant of the benefit of the ACP scheme in their favour is clearly arbitrary and unreasonable.
3. The applicants have sought the aforesaid relief, inter alia, on the following grounds:-
i. The failure of the Respondents to suitably fix the pay of the applicants in the higher pay scales, and to pay them the sums due consequent upon the grant of the benefit of the ACP scheme in their favour is arbitrary and unreasonable. It is violative of the rights of the applicants under Articles 14, 16 and 300 A of the Constitution.
ii. | Although the Respondents have been granted the benefit of ACP scheme to teachers like the applicants herein formally, they have till date not paid the benefits due, despite frequent promises to do so. The reason cited is that the DAT has 45 of 61 8 objected to the same. It is submitted that the DAT has no jurisdiction over the matter and cannot sit in judgement over a decision of the government to extend the benefit of the ACP scheme to teachers in government schools in Puduchery. The DAT also does not have any jurisdiction or power to decide the manner in which the scheme should be implemented. Hence the stand of the 1" and 27 Respondents is arbitrary and amounts to an abdication of a jurisdiction vested in them.
ili, The reported objection of the DAT that the benefit of the erstwhile senior/selection scale granted to the applicants should be ignored in computation of the pay for the purpose of grant of financial upgradations due under the ACP scheme is irrational. The aforesaid GO makes it clear that senior/selection Scale shall be deemed to have ceased with effect from on 09.08.1999. The DAT cannot override the provisions of the said G.O. iv. Once the benefit of senior/selection Scale has been conferred, the same cannot be withdrawn with retrospective effect nor can any recovery be effected of the sums paid. When a fresh scheme like the ACP is introduced from a prospective date, the benefits conferred by an earlier scheme cannot be obliterated, particularly as the GO itself does not contemplate such obliteration. Such an action would be violative of the doctrine of vested rights.
v Several juniors of the applicants, including Thiru E.Rajasekar (PST) and 46 of 61 Thiru P.Sankar (PST) as shown in Annexure A-7 have been granted the benefit of the ACP and the consequential arrears of pay and allowances have been paid to them. Failure to do so in the case of applicants is discriminatory and illegal.
vi. The Respondents failed to appreciate that senior/selection Scale was introduced to relieve stagnation and the benefit of an additional increment at the time of their placement in the higher scale under FR 22 (1) (a) (i) was not extended as in the case of promotion or upgradation under the ACP. As such, an additional increment was sought to be given in lieu of the first financial upgradation and in the case of those who completed 24 years of service the 2"* financial upgradation was sought to be given. As such, there is no irregularity, much less any illegality in the fixation and application of the ACP scheme by the 1" and 2™ Respondents.
vii. By failing to pay the sums due under the ACP scheme, the Respondents are effectively frustrating the implementation of the scheme for which funds have duly been sanctioned. Many of the applicants have retired and they have been deprived of the benefit of fixation of their pension and are drawing far lower pension than they are entitled to even as per the admission of the Government. They are put to grave physical hardship, mental agony and financial loss. There is a violation of the rights of the applicants to live with human dignity guaranteed under Article 21 of the Constitution. It is just and necessary that suitable interest should be awarded for the delayed payment of the benefits due.
47 of 61 8 4. Respondents have filed detailed reply statement. It is submitted that the 1* applicant Thiru. V. Vengadesan was initially appointed as Primary School Teacher on 16.06.1970 and subsequently conferred 'Senior Scale with effect from 01.06.1986 to relieve stagnation. The first applicant was granted 1° & 2™ ACP on completion of 12 and 24 years respectively, vide order No.907/DSE/Estt/'A CP/HM(P/15/2008 dated 05.09.2008. However, the DAT has objected that the fixation of pay in respect Thiru. V.Vengadesan, Headmaster (Primary) the first applicant herein and returned the bills, stating the reason that on grant of higher scale of pay with effect from 09.08.1999, under the ACP Scheme, pay should be fixed in the higher scale of pay with reference to the pay notionally drawn in the scale of pay of entry grade. Pay drawn in the Senior/Selection scale of pay should not be taken into account as the pay of the Government servant is fixed with reference to the pay drawn in the senior scale of pay. The Director of Accounts and Treasuries, Puducherry is the competent authority to ascertain the eligibility of pay and monetary benefits of each and every cadre/employee in this Union Territory Administration. The Orders issued by the Government are given effect by the DAT, as the DAT is the competent authority to admit all the bills and to settle the bills. If any deviation in the G.O. is found by the DAT, it is empowered to return the bills and to raise queries, Hence the allegation of the applicants that the DAT does not have any jurisdiction in this matter is baseless. In the present o 48 of 61 ~ case, the proposal of this administration in this regard was negated by the Minisiry of Home and Resource Development. Therefore the stand of the DAT has been vindicated.
5. Itis further submitted that Thiru.E.Rajasekar (PST) was granted 1* and 2 ACP with effect from 09.08.1999 and 29.10.2007 and Thiru.P.Sankar (PST) was granted 1* ACP with effect from 01.09.2008 respectively. Both of them have not availed the benefit of Senior Scale during their service. Hence, the question of granting ACP to the juniors does not arise at all as alleged by the applicants in the Original Application.
6. Itis submitted that the first respondent denies the allegation of the applicants that the first respondent has denied the benefit of Assured Career Progression scheme (in short ACP) to the applicants. The Primary School Teachers will not be stagnated in the entry grade and in the event of possessing requisite educational qualification, they will be promoted to the post of Trained Graduate Teachers in the pre-revised pay scale of Rs.5500-9000, failing which, they are having another chance for promotion as Headmaster (Primary). However, the Headmaster (Primary) is a promotional post from the entry grade of Primary School Teacher. The post of Trained Graduate Teacher is the next promotional hierarchy post to the Primary School Teachers in the pre-revised pay scale of Rs.5500-9000.
Accordingly, the pay scale to the Headmaster (Primary) is analogous to the post of © 49 of 61 Trained Graduate Teacher.
7. It is submitted that even-though the teachers are not granted fixation benefit during conferment of Senior scale, on their functional promotion to the next higher post, the benefit of FR 22 (1) (a) @ is extended to them, even though their pay in the promotional post was equal to the pay they were already drawing in the senior scale. Therefore, it was decided to confer ACP with effect from 09.08.1999 by nullifying the effect of Senior Scale drawn and the reduction of pay should be protected by way of personal pay, to be absorbed in future increments as per the guidelines of the Ministry of Human Resource Development (in short MHRD) in consultation with Department of Personnel and Training (in short DOP&T), clarified vide letter dated 29.09.2009.
8. It is submitted that the applicants have alleged that though all other Government servants were granted the benefits of the ACP scheme soon after 1999, the Government chose to apply the scheme to the teachers only in the year 2007. The Senior scale granted prior to 09.08.1999 is treated as insitu promotion in the defined hierarchy, without fixation benefit under F.R. 22 (1)(a) (ii), involving the pay benefit in the next promotional pay scale. If it is defined hierarchy from 4500-7000 to 5500-9000 promotional pay scale in the Senior Scale, it is treated as first financial upgradation.
9, The applicants have filed rejoinder reiterating the contentions made in the 50 of 61 . O.A. According to the applicants Government of NCT of Delhi and also of Andaman and Nicobar islands have granted the benefit of ACP to teachers on the basis of their actual pay in the senior scale as on 09.08.1999.
10. Heard the learned counsel for the respective parties and perused the pleadings and documents of records.
ll. The issue for consideration in this OA is whether the pay drawn in the senior/selection Scale should be taken into account for the purpose of such fixation upon grant of the ACP.
12. As per the recommendations of National Commission for Teachers headed by Dr. Chattopadhyaya, Teachers were granted Senior Scale with effect from 01.01.1986. This scheme envisages that a teacher after completion of 12 years of service in the entry grade without any promotion, will be granted next higher scale of pay i.e. Senior Scale and the pay will be fixed under F.R.22(1)(a)(ii). On completion of 24 years of service in the entry post, if the teacher has not availed any promotion, Selection Scale will be granted to him provided, the teacher fulfils the requisite educational qualifications, The selection scale is subject to 20% of the number of posts in the Senior Scale of the respective cadre. However, on their functional promotion to the next higher post, the benefit of F.R.22 (1)(a) (i) will be extended to them.
13. According to O.M. No.35034/1/97-Estt(D) dated 09.08.1999 of Personnel a @ 31 of 61 and Training, Government of India, two financial upgradation under the scheme in the entire Government service of an employee shall be counted against regular promotions availed from the grade in which an employee was appointed as a direct recruit. If an employee was not granted any regular promotion during the prescribed period of 12 years and 24 years, he will be eligible for two financial upgradations subject to other stipulations under the scheme. If an employee has already got one regular promotion, he will qualify for the second financial upgradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotions on regular basis have already been received by an employee, no benefit under the ACP Scheme shall accrue to him.
14. According to O.M.No.35034/1/97-Estt(D), dated 09.08.1999, of Department of Personnel & Training, the condition for grant of benefits under the ACP Scheme stipulate that the existing time bound promotion scheme, including insitu promotion scheme, in various Ministry/ Departments may, as per choice, continue to be operational for the concerned categories of employees. However, these schemes shall not run concurrently with the ACP Scheme. The administrative Ministry/Department - not the employees - shall have the option in the matter to choose between the two schemes, i.e. existing time bound promotion scheme or the ACP scheme, for various categories of employees. However, in case of switch over from the existing time bound promotion scheme to the ACP scheme, all 6:
52 of 61 stipulations (viz. for promotion, redistribution of posts, upgradation involving higher functional duties etc.) made under the former (existing) scheme would cease to be operative. The ACP Scheme shall have to be adopted in its totality. As per the clarification issued by the Government of India from time to time, the ACP Scheme was implemented with effect from 09.08.1999 and the existing time bound scheme of conferment of senior scale/selection scale were deemed to have ceased to exist from that day. In pursuance of the above stipulation, the ACP scheme was extended to the teachers of the Union Territory Administration vide G.O.Ms.No.77 dated 03.09.2007 with effect from 09.08.1999 (R-1).
15. As per clarification No.47, issued by the Department of Personnel and Training any higher grade drawn prior to 09.08.1999 under time bound promotion /insitu promotion scheme to the ACP scheme as on 09.08.1999, pay benefits already drawn upto 09.08.1999 in the higher grade are not to be recovered. Citing this clarification, the Teachers Association have been demanding that fixation has to be made with reference to the pay actually drawn on 09.08.1999 in the senior scale of pay of Rs.5500-9000 for a Primary School Teacher and fixed under FR 22(1)(a) (i) in the same scale of pay of Rs.5500-9000 admissible to post of Headmaster (Primary).
16. The Director of Accounts & Treasuries, Puducherry has stated that the pay in the entry grade scale of Primary School Teacher is to be notionally arrived at up to @ 53 of 61 09.08.1999 in the scale of pay Rs.4500-7000 and fixed under F.R.22(1)(a)(i) in the higher scale of Headmaster (Primary) at Rs.5500-9000. The fall in pay resulting out of such fixation may be protected by granting personal pay to be adjusted against future increments. Based on the representation of the teachers of the Union Territory of Puducherry, the Development Commissioner, Government of Puducherry had sought for clarification to the effect that the benefit of F.R. 22(1)
(a) (i) on the scale drawn by the teachers as on date of eligibility for ACP. The matter was again taken up with the Ministry of Human Resource Development and Department of Personnel and. Training for clarification vide letter dated 13.08.2009. The Ministry of Human Resource Development in consultation with the Department of Personnel and Training has clarified vide letter dated 29.09.2009, as given below:
(i) regarding fixation of pay of teachers in Senior/Selection scale under the Assured Career Progression Scheme (ACPS), the pay of teachers in Senior/Selection scale, on grant of ACP shall be fixed with reference to the pay so fixed in Entry/Senior grade, as the case may be. The fall in pay, if any, resulted in such fixation may be protected by granting personal pay to be adjusted against future increments.
(ii) As regards grant of 2™ financial upgradation to the Headmaster (Primary), this issue may be regulated as per the condition No.7 (for isolated post) of Annexure-I of ACP scheme dated 9-8-1999, which provides that in the absence of
7) 54 of 61 defined hierarchical grades, financial upgradation shall be given in the immediate next higher (standard/common) pay scales as indicated in Annexure-Il of the OM.
No.35034/1/97/Estt (D) dated 9-8-1999. The immediate next higher grade of the pay scale of Rs.5500-9000 has been prescribed as Rs.6500-10500.
17. Ifthe pay of teachers who are in receipt of senior/selection scale is fixed as per the clarification of Government of India for grant of first/second ACP, they would be incurring loss as many of the teachers were granted senior scale with effect from 01.01.1986. Hence, the matter was taken up with Ministry for clarification. The Ministry vide letter dated 16.12.2010 has reiterated to implement the ACP scheme in toto in the Puducherry Administration and no deviation from the scheme can be allowed and the pay may be fixed in accordance with DOP&T clarification dated 29.09.2009. The matter was again taken up with MHRD for clarification to offset the Senior/selection scale as first/second financial upgradation under ACP Scheme as the case may be, to those teachers who are in receipt of senior/selection scale. The MHRD in consultation with DOP&T vide letter dated 08.08.2012 has again furnished the same reply. As per ACP scheme, any interpretation/clarification of doubt as to the scope of meaning of the provisions of ACP scheme shall be given by the DOP&T, New Delhi and the DOP&T has reiterated implementing the ACP scheme in toto, O it 35 of 61 8 18. Another aspect which, the Tribunal has always to keep in view while considering revision of pay scale is the judgment of in Union of India and another v. PV. Hariharan and another (1997) 3 SCC 568, wherein it was held as under:-
"5 It is the function of the Government which normally acts on the recommendations of a Pay Commission. Change of pay scale of a category has a cascading effect. Several other categories similarly situated, as well as those situated above and below, put forward their claims on the basis of such change. The Tribunal should realise that interfering with the prescribed pay scales is a serious matter. The Pay Commission, which goes into the problem at great depth and happens to have a full picture before it, is the proper authority to decide upon this issue. Very often, the doctrine of "equal pay for equal work" is also being misunderstood and misapplied, freely revising and enhancing the pay scales across the board. We hope and trust that the Tribunals will exercise due restraint in the matter. Unless a clear case of hostile discrimination is made out, there would be no justification for interfering with the fixation of pay scales, We have come across orders passed by Single Members and that too quite often Administrative Members, allowing such claims. These orders have a serious impact on the public exchequer too. It would be in the fitness of things if all matters relating to pay scales, i.e., matters asking for a higher pay scale or an enhanced pay scale, as the case may be, on one or the other ground, are heard by a Bench comprising at least one Judicial © 56 of 61 Member. ...."
19. In Secretary, Government (NCT of Delhi) and others v. Grade-1 Officers Association and others (2014) 13 SCC 296, the Supreme Court refused to interfere with the ACP Scheme as it would violate government policy and since exercise of judicial review would not be proper, upheld the ACP Scheme and the conditions therein.
20. In State of Tamil Nadu v. S. Arumugham (1998) 2 SCC 198, the Supreme Court has observed that the government has the right to frame a policy to ensure efficiency and proper administration and to provide to suitable avenues for promotion to officers working in different department. The Supreme Court has further observed that the Tribunal cannot substitute its own views for the views of the government or direct new policy based on the views of Tribunal.
21. Observing that fixation of pay and determination of responsibilities is a complex matter which is for the executive to take a decision, the courts should approach such matters with restraint, in State of Haryana and Another v. Haryana Civil Secretariat Personal Staff Association (2002) 6 SCC 72, the Supreme Court held as under:-
"10. "It is to be kept in mind that the claim of equal pay for equal work is not a fundamental right vested in any employee though it is a constitutional goal to be achieved by the Government. Fixation of pay and determination of parity in qe O 57 of 61 duties and responsibilities is a complex matter which is for the executive to discharge. While taking a decision in the matter, several relevant factors, some of which have been noted by this Court in the decided case, are to be considered keeping in view the prevailing financial position and capacity of the State Government to bear the additional liability of a revised scale of pay......... That is not to say that the matter is not justiciable or that the courts cannot entertain any proceeding against such administrative decision taken by the Government, The courts should approach such matters with restraint_and interfere only when they are satisfied that the decision of the Government is patently irrational, unjust and prejudicial to a section of employees and the Government while taking the decision has ignored factors which are material and relevant for _a decision in the matter. Even in a case where the court holds the order passed by_the Government to be unsustainable then ordinarily a direction should be given to the State Government or the authority taking the decision to reconsider the matter and pass a proper order. The court should avoid giving a declaration granting a particular scale of pay and compelling the Government to implement the same...... *, (Underlining added]
22. In similar cases in W.P. No. 12336 of 2007 filed in the High Court of Madras by Thiru K. Siddarthan & 4 Others for revision of pay scales, the Hon'ble High Court of Madras in its order dated 05.06.2012 has dismissed the similar plea by referring the judgement of Supreme Court of India filed by (Union of India vs. 58 of 61 © Arun Jyothi Kundu (2007), 7 SCC 472) and held that:
"It is open to the State or the Central Government to accept the Commission's recommendation or reject the same and the court cannot give any direction to implement a particular report. In the present case, even assuming there was a One Man Commission recommendations, in the absence of State accepting the same, no mandamus will lie."
"It is well settled principle of law that recommendations of Pay Commission are subject to the acceptance/rejection with modification of the appropriate Government."
It was also held that the recommendation of pay scales are not open to judicial review. The Pay Commission are constituted for evaluating duties and functions of the employee and the nature thereof vis-vis the educational qualification therefor. Although the Pay Commission is an expert body, the State in its wisdom and in furtherance of its valid policy may or may not accept its recommendations.
23. The Hon'ble Supreme Court of India in Civil Appeal No. 7232 of 2003 held that :-
"5. Leamed Counsel for the respondent submitted that the auditors and assistants have been historically treated at par in the matter of pay scales. Although this fact has been denied by the appellant, we are of the opinion that even if it is correct that will not be of any help to the respondents. To give an illustration, if posts A and B have been carrying the same pay ts 59 of 61 scales, merely because the pay scales of post A has been increased that by itself cannot result in increase in the pay scale of post B to the same level. It is entirely on the Government and the authorities to fix the pay scales and to decide whether the pay scale of post B should be increased or not. The judiciary must exercise self restraint and not encroach into the executive or legislation domain "(2007(12) SCALE 170)"
24. Observing that the decision of expert bodies like the Pay Commission is not ordinarily subject to judicial review, in State of U.P. and Others v. U.P. Sales Tax Officers Grade II Association (2003) 6 SCC 250, the Supreme Court held as under:-
"11. There can be no denial of the legal position that decision of expert bodies like the Pay Commission is not ordinarily subject to judicial review obviously because pay fixation is an exercise requiring going into various aspects of the posts held in various services and nature of the duties of the employees...
25. The directions of the Hon'ble Supreme Court discussed above make it clear that Tribunals should not interfere with the scales for particular posts recommended by Pay Commissions and/or other expert bodies unless it is shown that hostile discrimination is apparent on the face of the records. Prescription of pay scales for individual posts is in the domain of the Government and as per 60 of 61 Supreme Court directions discussed above, it is not for the Tribunals to interfere with them, especially when the existing pay scales are as per recommendations of Pay Commission or other expert committee.
26. The ACP Scheme and attendant memoranda of the DoPT reflect that in case of any doubt, clarification has to be obtained from DoPT, the decision of which is final. The DoPT has already clarified and the same is absolutely correct. In fact the view of the DoPT to treat as Personal Pay the difference between the pay actually drawn and worked out as on 09.08.1999 signals that the nedal ministry has taken into account all aspects. The claim of the applicants is thus an unintended benefits which cannot be allowed.
27. The Govt instructions are quite clear. The scheme for timebound placement in Senior scale operating at the time of introducing the ACP scheme and the ACP scheme as such cannot be simultaneously operated as per DoP&T orders. It is only "either this or that" and "not both as per options". The Department had opted to come over to ACP scheme and orders said that the timebound placement scheme in senior scale will cease to exist. Naturally therefore, and as per rules, the benefits already availed by the applicants under the timebound placement on senior scale will be taken into account for bringing them under the ACP scheme. In the pay fixation process starting from a very earlier period, on the date of pay fixation under the ACP, if an employee is found to be already drawing higher pay under the a 61 of 61
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old scheme, the question arises what to do in such cases. The rules provided that the excess basic pay already drawn shall not be recovered but allowed to be drawn as personal pay to be absorbed in future increments in pay. Such a provision is common in all cases where the existing pay drawn is affected by changeover caused by any new turn of event. The Audit/Accounts Department has every right to question wrong fixation of pay, if any, done by the Adininistrative department, after pointing out the rules in this regard, The applicants have not suffered any injustice nor inflicted with violation of Art 14 or 16 of the Constitution and as such rightly the OA is to be dismissed.
@"* In the conspectus of the above facts and circumstances of the case and the
- judgements of the Hon'ble Apex Court and High Court, we do not see any justification to allow the OA in favour of the applicants. Resultantly, the OA is liable to be dismissed and is accordingly ordered, No costs.
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