Central Administrative Tribunal - Chandigarh
Vinay Kumar vs Scientific And Industrial Research on 4 April, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 875/2023
Chandigarh, this the 4th day of April, 2024
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER(A)
1. Vinay Kumar s/o Late Sh. Adesh Chandra Gupta, aged 65 years,
retd, as Senior Principal Scientist Group-IV (5), Council of Scientific &
Industrial Research-Central Scientific Instruments Organisation,
Sector 30-C Chandigarh, Pin Code- 160030, now resident of House
No. 1414, Sector-21, Panchkula, Pin Code- 134117.
2. Ramesh Chandra Gupta s/o Late Sh. S.K. Gupta, aged 69 years,
retd, as Scientist Group-IV (5), Council of Scientific & Industrial
Research-Central Scientific Instruments Organisation, Sector 30-C
Chandigarh, Pin Cide- 160030, now resident of Flat No. 103, GH-11,
Sector-20, Panchkula, Pin Code-134112.
3. B.B. Bahuguna s/o Sh. K.R. Bahuguna, aged 73 years, retd. as
Technical Officer Old (5), Council of Scientific & Industrial Research-
Central Scientific Instruments Organisation, Sector 30-C Chandigarh,
Pin Cide- 160030, now resident of Village- Paligaon, Post Office-
Chopriyun, District Pauri Garhwal (Uttrakhand), Pin Code- 246001.
4. Bhupinder Singh Rihal s/o Sh. Shamsheer Singh, aged 74 years,
retd. as Technician Grade-II (4), Council of Scientific & Industrial
Research-Central Scientific Instruments Organisation, Sector 30-C
Chandigarh, Pin Code- 160030, now resident of Flat No. 536, Sector-
49-A, Vigyan Vihar, Chandigarh, Pin Code- 160047.
5. C.J. Rao s/o Sh. C.V. R. Rao, aged 75 years, retd. as Scientist
Grade-IV (5), Council of Scientific & Industrial Research-Central
Scientific Instruments Organisation, Sector 30-C Chandigarh, Pin
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Cide- 160030, now resident of House No. 306, Heritage 4
Apartments, Basavnagar, Bangalore (Karnataka), Pin Code-560037.
6. Dilbag Singh s/o Sh. Inder Singh, aged 64 years, retd. as Senior
Technician (2) (Driver), Council of Scientific & Industrial Research-
Central Scientific Instruments Organisation, Sector 30-C Chandigarh,
Pin Code- 160030, now resident of B-66, CSIO Cony, Sector-30-C,
Chandigarh, Pin Code- 160030.
7. Gursharan Singh s/o Sh. Sarwan Singh, aged 73 years, retd. as
Technical Officer Grade-III (6), Council of Scientific & Industrial
Research-Central Scientific Instruments Organisation, Sector 30-C
Chandigarh, Pin Code- 160030, now resident of House No. 951,
Phase-10, Sector-64-A, S.A.S. Nagar, Mohali, Pin Code-160062.
8. Kali Charan s/o Sh. Kirpal, aged 61 years, retd. as Bearer, Council
of Scientific & Industrial Research-Central Scientific Instruments
Organisation, Sector 30-C Chandigarh, Pin Code- 160030, now
resident of House No. 2044-3, Village- Maloya, Chandigarh, Pin Code-
160025.
9. M.P. Singh s/o Sh. S.S. Saroje, aged 73 years, retd. as Technician
Officer Grade-III (7), Council of Scientific & Industrial Research-
Central Scientific Instruments Organisation, Sector 30-C Chandigarh,
Pin Cide- 160030, now resident of House No. 1052, Sector-46-B,
Vigyan Vihar, Chandigarh, Pin Code- 160047.
10. Rajinder Kumar, s/o Sh. Gurdas Ram Sharma, aged 69 years,
retd. as Technician Grade-II (3), Council of Scientific & Industrial
Research-Central Scientific Instruments Organisation, Sector 30-C
Chandigarh, Pin Code- 160030, now resident of House No. 465,
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Kheda Mandir, Opposite Baby Beauty Parlour, Ward No. 9, Kansal,
District- S.A.S. Nagar, Mohali, Pin Code- 160103.
11. Ram Lal Jarwal s/o Sh. Gobind Ram, aged 76 years, retd. as
Technical Officer E-I, Council of Scientific & Industrial Research-
Central Scientific Instruments Organisation, Sector 30-C Chandigarh,
Pin Cide- 160030, now resident of House No. 675, Sector-38,
Gurgaon (Haryana), Pin Code- 122018.
12. Saroj Bala w/o Late Sh. Nakli Ram son of Balla Ram, aged 69
years, retd. as Technical Officer Grade-III (6), Council of Scientific &
Industrial Research-Central Scientific Instruments Organisation,
Sector 30-C Chandigarh, Pin Code- 160030, now resident of House
No. 210/1 Sector-44-A, Chandigarh, Pin Code- 160047.
13. Tek Chand Sood s/o Sh. Brij Lal Sood, aged 74 years, retd. as
Technician Grade-III (4), Council of Scientific & Industrial Research-
Central Scientific Instruments Organisation, Sector 30-C Chandigarh,
Pin Code- 160030, now resident of House No. 192, Govind Vihar,
Baltana, NAC, Zirakpur, District- S.A.S. Nagar, Mohali, Pin Code-
140604.
14. Veena Chaudhary w/o Sh. N.K. Jauhari, aged 73 years, retd. as
Scientist Grade- IV (5), Council of Scientific & Industrial Research-
Central Scientific Instruments Organisation, Sector 30-C Chandigarh,
Pin Code- 160030, now resident of House No. 5055/II, Category -III,
MHC, Manimajra, Sector-13, Chandigarh, Pin Code- 160101
...Applicants
(BY ADVOCATE: Sh. H.S Saini)
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VERSUS
1. Union of India through Secretary, Ministry of Science and
Technology, Technology Bhavan, New Mehrauli Road, New Delhi-
110016.
2. Council of Scientific and Industrial Research, Anusandhan Bhawan,
2, Rafi Marg, Sandsad Marg Area, New Delhi-110001 through its
Director General.
3. Council of Scientific & Industrial Research-Central Scientific
Instruments Organisation, Sector 30-C Chandigarh, Pin Code- 160030
through its Director
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sr. CGSC for R-1 and Sh. Vinod
K. Arya proxy for Sh. Saurabh Arora for R-2-3)
O R D E R(Oral)
Per: SURESH KUMAR BATRA, MEMBER (J):
1. The brief facts of the case are that the applicants and husband of applicant No. 12 after attaining the age of superannuation had retired from the office of respondent No. 3 on 30th June of respective years after completion of 365 days of working in the previous year. The applicants are aggrieved as they have not been granted the benefit of annual increment, which was otherwise due to them on 1st July only on the ground that Government of India/DoPT/CSIR has not issued any instructions as such as on dated, therefore, their claim for grant of one notional increment after retirement cannot be processed. The respondent No. 3 vide Annexure A-1 and A-2 has communicated the contention to the applicant No. 1 and 2.
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2. The applicants have relied upon the judgment passed by Hon'ble Supreme Court in Civil Appeal No 2471 of 2023 arising out of SLP (C) 6185/2020 Title The Director (Admin and HR) KPTCL & Ors Vs. C.P. Mundinamani & Ors decided on 11.04.2023, wherein Supreme Court, while dismissing the Civil Appeal No. 2471 of 2023 preferred by the respondents has held that:
"6.7 Similar view has also been expressed by different High Courts, namely, the Gujarat High Court, the Madhya Pradesh High Court, the Orissa High Court and the Madras High Court. As observed hereinabove, to interpret Regulation 40(1) of the Regulations in the manner in which the appellants have understood and/or interpret would lead to arbitrariness and denying a government servant the benefit of annual increment which he has already earned while rendering specified period of service with good conduct and efficiently in the last preceding year. It would be punishing a person for no fault of him. As observed hereinabove, the increment can be withheld only by way of punishment or he has not performed the duty efficiently. Any interpretation which would lead to arbitrariness and/or unreasonableness should be avoided. If the interpretation as suggested on behalf of the appellants and the view taken by the Full Bench of the Andhra Pradesh High Court is accepted, in that case it would tantamount to denying a government servant the annual increment which he has earned for the services he has rendered over a year subject to his 6 good behaviour. The entitlement to receive increment therefore crystallises when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day. In the present case the word "accrue" should be understood liberally and would mean payable on the succeeding day. Any contrary view would lead to arbitrariness and unreasonableness and denying a government servant legitimate one annual increment though he is entitled to for rendering the services over a year with good behaviour and efficiently and therefore, such a narrow interpretation should be avoided. We are in complete agreement with the view taken by the Madras High Court in the case of P. Ayyamperumal (supra); the Delhi High Court in the case of Gopal Singh (supra); the Allahabad High Court in the case of Nand Vijay Singh (supra); the Madhya Pradesh High Court in the case of Yogendra Singh Bhadauria (supra); the Orissa High Court in the case of AFR Arun Kumar Biswal (supra);
and the Gujarat High Court in the case of Takhatsinh Udesinh Songara (supra). We do not approve the contrary view taken by the Full Bench of the Andhra Pradesh High Court in the case of Principal Accountant-General, Andhra Pradesh (supra) and the decisions of the Kerala High Court in the case of Union of India Vs. Pavithran (O.P.(CAT) No. 111/2020 decided on 22.11.2022) and the Himachal 7 Pradesh High Court in the case of Hari Prakash Vs. State of Himachal Pradesh & Ors. (CWP No. 2503/2016 decided on 06.11.2020).
7. In view of the above and for the reasons stated above, the Division Bench of the High Court has rightly directed the appellants to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behaviour and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court. Under the circumstances, the present appeal deserves to be dismissed and is accordingly dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs."
3. The respondents have not filed reply despite various opportunities granted to them. The issue involved in the instant O.A has already been settled by the Hon'ble Supreme Court. All the applicants are retired senior citizens and waiting for their rightful claim on the strength of dictum of Hon'ble Supreme Court judicial pronouncement.
4. We have heard learned counsel for the applicant as well as respondents and perused the material available on record and gone through the judgment of the Director (Admin and HR) KPTCL (supra). The issue of benefit of increment on the last date of retirement is no longer res integra after the decision of Hon'ble Supreme Court in KPTCL (supra). After the aforesaid judgment nothing survives to adjudicate herein. The co-ordinate Bench of this Tribunal has also allowed various applications 8 vide order dated 02.02.2024 on the similar issue in O.A No. 60/359/2019 and Ors. directed "the respondents to grant the benefit of one notional increment to the applicants due on 1 st July or 1st January of the next years, as the case may be, with all consequential benefits."
5. It is evident that the case of applicants is covered on all fours by the decision of Hon'ble Supreme Court in case of The Director (Admin and HR) KPTCL & Ors Vs. C.P. Mundinamani & Ors (supra). Further, in order to maintain judicial parity, similar order may be passed as given by the co-ordinate Bench in O.A No. 60/359/2019 and Ors. decided on 02.02.2024. The impugned orders dated 16.12.2022 and 01.09.2022 (Annexure A-1 and A-2) are set aside. In the wake of aforesaid the O.A is disposed of with direction to the respondents to grant the benefit of one increment to the applicants and husband of applicant No. 12 due on 1st July with all consequential benefits within a period of two months from the date of receipt of certified copy of this order.
6. There shall be no order so as to costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
Member (A) Member (J)
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