Central Administrative Tribunal - Ernakulam
Sandeep Verma vs D/O Space on 13 December, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH,
ERNAKULAM
Original Application No. 180/00272/2021
Friday, this the 13th day of December, 2024
CORAM:
Hon'ble Mr. Justice Sunil Thomas, Member (J)
1. Sandeep Verma, aged 40, S/o. H.C. Verma,
Scientist/Engineer SG, Staff Code No. 36118,
Vikram Sarabhai Space Centre, Thumba, ISRO PO,
Thiruvananthapuram - 695 022, residing at RRA B63,
TC 24/1363(1), Rishimangalam, Vanchiyoor,
Thiruvananthapuram - 695 035.
2. M.K. Karthikeyan, aged 40, S/o. Kumaraiah M,
Scientist/Engineer SG, Staff Code No. 23150,
Vikram Sarabhai Space Centre, Thumba, ISRO PO,
Thiruvananthpauram - 695 022, residing at 1C sun Neelakanta,
Gandhi Smaraka Lane, TKD Muttada Road, Muttada,
Thiruvananthapuram - 695 025.
3. Manoj Kumar Agrawal, aged 42, S/o. Bisahu Lal Agrawal,
Scientist/Engineer SF, Staff Code No. 13503,
Vikram Sarabhai Space Centre, Thumba, ISRO PO,
Thiruvananthapuram - 695 022, residing at Quarter No. E-41,
VSSC Housing Colony, Thumba, Pallithura PO,
Thiruvananthapuram - 695 586.
4. Anoop Kumar Shukla, aged 40, S/o. Birendra Kumar Shukla,
Scientist/Engineer SG, Staff Code No. 10168,
Vikram Sarabhai Space Centre, Thumba, ISRO PO,
Thiruvananthapuram - 695 022, residing at Quarter No. E-32,
ISRO Staff Quarters, Pallithura PO,
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Thiruvananthapuram - 695 586.
5. K.S. Shinoy, aged 40, S/o. Soman K.K.,
Scientist/Engineer SF, Staff Code No.36107,
Vikram Sarabhai Space Centre, Thumba, ISRO PO,
Thiruvananthapuram - 695 022, residing at UG-139,
Ulloor Gardens, Kochu Ulloor, Thiruvananthapuram - 695 586.
6. Deepak Kumar Agarwal, aged 41, S/o. Gopal Chandra Agarwal,
Scientist/Engineer SG, Staff Code No. 60616,
Liquid Propulsion Systems Centre, Valiamala,
Thiruvananthapuram - 695 547, residing at SBN32C,
Silver Cloud Garden Villa, Sreebhadra Nagar,
NCC Road, Peroorkada, Thiruvananthapuram - 695 005.
7. Surya Mani Tripati, aged 43, S/o. Gouri Shankar Tiwari,
Scientist/Engineer SG, Staff Code No. 62618,
Liquid Propulsion Systems Centre, Valiamala,
Thiruvananthapuram - 695 547, residing at Flat No. 12A,
Block A, Artech Varsha Apartment,
Madathunada, Mukkolakkal, Thiruvananthapuram - 695 043.
8. B. Suresh Babu, aged 41, S/o. Kameswara Rao,
Scientist/Engineer SF, Staff Code No. 63733,
Liquid Propulsion Systems Centre, Valiamala,
Thiruvananthapuram - 695 547, residing at PKRA-67,
Near Marappalam Junction, Pattom,
Thiruvananthapuram - 695 004. ..... Applicants
(By Advocate : Mr. Vishnu S. Chempazhanthiyil)
Versus
1. The Director, Vikram Sarabhai Space Centre,
Thumba, ISRO PO, Thiruvananthapuram - 695 022.
2. The Director, Liquid Propulsion Systems Centre,
Valiamala, Thiruvananthapuram - 695 547.
SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30'
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3. The Secretary & Chairman, Department of Space,
Indian Space Research Organization, Antariksh Bhavan,
New BEL Road, Bangalore - 560 094. ..... Respondents
(By Advocate : Mr. N. Anilkumar, Senior Panel Counsel)
This Original Application having been heard on 25.10.2024, the
Tribunal on 13.12.2024 delivered the following:
ORDER
Per: Justice Sunil Thomas, Judicial Member -
All the applicants herein are Post Graduates in Engineering. While they were prosecuting their studies for M. Tech. in the final year classes, they submitted separate applications to the post of Scientist/Engineers in Indian Space Research Organization (ISRO) during the period August to September, 2003. Campus interviews were conducted by the respondents during the period November, 2003 in the institutions wherein the applicants were undergoing studies. They claim that all of them were formally intimated about their selection. The college authorities were also informed in writing that the respective applicants have been selected for appointment. The college published the list of such candidates in the notice board. Applicants state that they ceased to be eligible to further respond to remaining campus interviews conducted by various other SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 4 institutions. Annexure A9 is one of the such intimations given by the ISRO to Birla Institute of Technology and Science, Pilani, Rajasthan. Later, each of the applicant was individually intimated about his provisional appointment by communication issued in January, 2004. Formal orders of appointment were issued to the applicants during the period June-July, 2004.
2. Since all the above applicants joined the ISRO after 1.1.2004, they were brought into the National Pension System (hereinafter referred to as NPS for brevity) which came into force with effect from 1.1.2004. While in service, Annexure A10 OM was issued by the Department of Pensions & Pensioners' Welfare dated 17.2.2020 providing for coverage under the CCS (Pension) Rules, 1972 in place of NPS of those Central Government employees whose selection for appointment was finalized before 1.1.2004, but who joined the service on or after 1.1.2004. Applicants exercised the option to switch over from NPS by separate individual applications. All their representations were rejected by Annexures A13 and A14 series of replies. Further they submitted Annexure A15 representations and by Annexure A16 series of memorandums their requests were declined stating that the facility to switch over from NPS to SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 5 GPS/Pension Scheme was admissible only if the entire selection process was completed and results declared on or before 31.12.2003. In the case of the applicants select panel was approved by the competent authority after 1.1.2004. Further the applicants have acquired the requisite educational qualifications for the post of SCI/Engineer only in July, 2004. Since the applicants did not fulfill the conditions to switch over from NPS to GPS/Pension Scheme, their representations were rejected. Later, Department of Space issued Annexure A25 communication dated 2nd September, 2022 on the subject and clarified that those candidates who were recruited through campus selection and offered the post but acquired qualification after 1.1.2004 do not meet the criteria as envisaged by OM dated 17.2.2020, since they were otherwise not eligible to join duty on or before 31.12.2003 and are governed by NPS. This was reiterated by Department of Space by their communication dated 31.7.2023, produced as Annexure A26.
3. Aggrieved by the above, the applicants have approached this Tribunal essentially seeking the reliefs to quash Annexures A13 series, A16 series, A25 and A26, to set aside them and for further reliefs as follows:
SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 6 "3. Declare that the applicants are entitled to be extended with the benefit of Annexure A10 OM issued by the Department of Pension and Pensioners' Welfare, Government of India and direct the respondents to accept the options exercised by the applicants to switch over from National Pension System to the Pension Scheme under CCS (Pension) Rules, 1972.
4. Direct the respondents to extend similar consideration as granted to the campus recruitment appointees in Defence Research and Development Orgnaizationa as at Annexure A19 and permit the applicants to switch over from National Pension System to the Pension Scheme under CCS (Pension) Rules, 1972.
.................
.................
6. Direct the respondents to extend the benefits of Annexure A23 to the applicants by accepting the options exercised by the applicants to switchover from National Pension System to Pension Scheme under CCS (Pension) Rules, 1972."
4. In the reply statement filed by the respondents it was stated that all the applicants were recruited from IITs/RECs through campus recruitment mode to the post of Scientist/Engineer-SC with the required basic educational qualification as ME/M.Tech. degree in first class. The campus recruitment cell of the ISRO had issued formal intimation by communication dated 29.1.2004 regarding the provisional selection of the applicants for the post of Scientist/Engineer in ISRO through campus selection mode. Similar communications were issued to all applicants. In paragraph 2 of the Annexure A1 letter issued to all the candidates so selected, it was stated that formal order of appointments will be issued SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 7 only on receipt of mark list and provisional or original certificate of post graduate degree course in Engineering, having passed in first class. Applicants were advised to forward attested copies of mark list and provisional or original certificates having passed in the course in first class. After ensuring that the applicants had passed the required basic qualification of ME/M. Tech. for recruitment to the post of Scientist/Engineer-SC after 1.1.2004 they were issued with regular offer of appointment to the post. Since they joined Central Government service after 1.1.2004, they were covered by NPS. It was stated that the placement interviews under campus recruitment mode were held during October-November, 2003, while the applicants were studying for their ME/M.Tech. course. Though the applicants' provisional selection was intimated to the educational institutions at the time of campus selection itself, select panels were approved by the competent authority only on 28.1.2004. The applicants acquired the requisite educational qualification in May-July, 2004. Thus, they were issued orders of appointment only after securing the required educational qualifications. The respondents further relied on Annexure R1(b) (produced by applicants as Annexure A25), the clarification issued by the Department of Space regarding SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 8 coverage of candidates who were selected in the campus recruitment and acquired prescribed qualification for the post on or after 1.1.2004 under NPS. Hence, the prayers of the applicants were liable to be rejected.
5. Heard both sides and examined records.
6. Essential facts are not in dispute. It is an admitted fact that all the applicants were interviewed in the process of campus selection before December, 2003. All the applicants were formally informed that they have been selected. It is also an admitted fact that their institutions were also informed that they have been selected. However, the provisional appointment order was issued after 1.1.2004 intimating that the formal orders of appointment will be issued after they are declared successful in the qualifying examination. The basic contention of the respondents is that since the applicants were not qualified prior to 1.1.2004 and they acquired the basic qualification only after 1.1.2004, they remained disqualified till they secured the requisite qualification after 1.1.2004. Accordingly, they were not eligible for appointment prior to 1.1.2004. On the other hand the contention of the learned counsel for the applicants was that the applicants were interviewed against notified vacancies which SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 9 were identified and were available for appointment and they were formally selected before 1.1.2004. They were also accordingly, informed. They were appointed only after they qualified in the qualifying examination. It was contended that the OM based on which the reliefs were sought did not prescribe any condition that they should be qualified before 1.1.2004. It was contended that various illustrations mentioned in the OM were directly applicable to the facts of the case.
7. To substantiate this contention, the learned counsel for the applicants' placed reliance on Annexures A21 and A22 orders of the High Court of Delhi in Inspector Rajendra Singh & Ors. v. Union of India & Ors. in WP(C) No. 2810 of 2016 and in Parma Nand Yadav & Ors. v. Union of India & Ors. in WP(C) No. 3834 of 2013. In both the cases identical situation arose. Persons who were selected, failed in the medical test. They appealed against it and order was passed after 1.1.2004, allowing the appeal, holding that they stood medically fit. On the premise that they were not qualified as on 1.1.2004, the reliefs were declined. Delhi High Court reversing it, held that the delay on the part of the respondents in finalizing the medical appeal before the medical board cannot be attributed to the applicants therein and granted relief. SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 10
8. Drawing an analogy with the principle involved in the above decision, it was contended that the petitioners therein were not qualified as on 1.1.2004. They were declared to be qualified only thereafter. The principle involved therein can be extended to the case at hand, it was contended.
9. In this regard it is essential to refer to the crucial part of Annexure A10 OM dated 17.2.2020. It states as under:
"4. ........................... It has been decided that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the CCS (Pension) Rules, 1972. ..........."
Few illustrative examples in which the benefit of Annexure A10 could be extended were described in Annexure A10. They are as follows:
"(i) The result for recruitment was declared before 01.01.2004 but the offer of appointment and actual joining of the Government servant was delayed on account of police verification, medical examination, etc.;
..........
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(vi) The result for recruitment was declared before 01.01.2004 but one or more candidates were declared disqualified on the grounds of medical fitness or verification of character and antecedents, caste or income certificates. Subsequently, on review, they were found fit for appointment and were issued offers of appointment on or after 01.01.2004."
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10. It is pertinent to note that in the case at hand, the vacancies existed before 31.12.2003. The candidates were so selected and their institutions were informed about the selection. They were qualified during May-July, 2004. The select panel was approved on 28.1.2004, even before they acquired qualification. The very fact that select panel was approved before securing the qualification shows that, securing the qualification was the only formality that remained and for all practical purposes selection process was over. In the case at hand the conditions prescribed under Annexure A10 namely selection and existence of vacancies before 1.1.2004 seem to be satisfied. The issuance of appointment order above was kept in abeyance awaiting the results of the qualifying test. The OM Annexure A10 does not exclude a situation wherein the appointment is delayed only on the ground that the applicant had not passed the qualifying test. It is also pertinent to note that in paragraph 7 of the OM, certain situations in which the applicability of OM will be excluded were mentioned. The case at hand does not fall within the excluded category.
11. Since the basic condition as prescribed in Annexure A10, namely the existence of vacancies occurring on or before 31.12.2003 is fully satisfied and that the candidates were declared successful for recruitment, though SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 12 formal appointment orders were issued after 1.1.2004, does not disqualify them. Accordingly, it has only to be held that the applicants are eligible for being included in the CCS (Pension) Rules, 1972 by virtue of Annexure A10.
12. In the light of the above, the Original Application is liable to be allowed. Accordingly, Annexures A13 and A16 series, Annexure A14 series are set aside. It is declared that the applicants are entitled to be extended the benefit of Annexure A10 OM notwithstanding Annexures A25 and A26. Accordingly, there will be a direction to the respondents to accept the options exercised by the applicants to switch over from National Pension Scheme to the Pension Scheme under CCS (Pension) Rules, 1972 and to take necessary follow up action. Appropriate orders shall be issued as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this order.
13. The Original Application is allowed as above. No order as to costs.
(JUSTICE SUNIL THOMAS) JUDICIAL MEMBER "SA"
SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 13 Original Application No. 180/00272/2021 APPLICANTS' ANNEXURES Annexure A1 - True copy of the communication No. VSSC/RMT/9.0/CMP/2003-04 dated 29.1.2004 to the 1st applicant.
Annexure A1(a)- True copy of the formal offer of appointment on 20.8.2004 issued to the 1st applicant.
Annexure A2 - True copy of the communication No. VSSC/RMT/9.0/CMP/2003-04 dated 6.8.2004 to the 2nd applicant.
Annexure A3 - True copy of the communication No. VSSC/RMT/9.0/CMP/2003-04 dated 29.1.2004 to the 3rd applicant.
Annexure A3(a)- True copy of the formal offer of appointment on 20.7.2004 issued to the 3rd applicant.
Annexure A4 - True copy of the communication No. VSSC/RMT/9.0/CMP/2003-04 dated 29.1.2004 to the 4th applicant.
Annexure A4(a)- True copy of the formal offer of appointment on 21.6.2004 issued to the 4th applicant.
Annexure A5 - True copy of the communication No. VSSC/RMT/9.0/CMP/2003-04 dated 29.1.2004 to the 5th applicant.
Annexure A5(a)- True copy of the formal offer of appointment vide No. VSSC/RMT/9.0/CMP/2003-04 dated 2.7.2004 issued to the 5th applicant.
SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 14 Annexure A6 - True copy of the communication No. VSSC/RMT/9.0/CMP/2003-04 dated 29.1.2004 to the 6th applicant.
Annexure A6(a)- True copy of the formal offer of appointment on 29.6.2004 issued to the 6th applicant.
Annexure A7 - True copy of the communication No. VSSC/RMT/9.0/CMP/2003-04 dated 29.1.2004 to the 7th applicant.
Annexure A7(a)- True copy of the formal offer of appointment vide No. 2/5(5)-456/2004-RMT dated 7.7.2004 issued to the 7th applicant.
Annexure A8 - True copy of the communication No. VSSC/RMT/9.0/CMP/2003-04 dated 29.1.2004 to the 8th applicant.
Annexure A8(a)- True copy of the formal offer of appointment June, 2004 issued to the 8th applicant.
Annexure A9 - True copy of the intimation given by the Recruitment Selection Committee of ISRO in respect of Campus Recruitment held in Birla Institute of Technology and Science vide No. VSSC/RMT/9.0/CMP/2003-04 dated 12.11.2003.
Annexure A10 - True copy of the OM No. 57/04/2019-P&PW(B) dated 17.2.2020 issued by the Department of Pension & PW. Annexure A11 - True copy of endorsement No. A12018/1/2003- 1(Vol.III) dated 23.3.2020 issued by the Government of India, Department of Space.
Annexure A12 - True copy of the option exercised by the 1st applicant. Annexure A12(a)-True copy of the option exercised by the 2nd applicant. SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 15 Annexure A12(b)-True copy of the option exercised by the 3rd applicant. Annexure A12(c)-True copy of the option exercised by the 4th applicant. Annexure A12(d)-True copy of the option exercised by the 5th applicant. Annexure A12(e)-True copy of the option exercised by the 6th applicant. Annexure A12(f)-True copy of the option exercised by the 7th applicant. Annexure A12(g)-True copy of the option exercised by the 8th applicant.
Annexure A13 - True copy of the memorandum No. VSSC/EST/G/16/4517 dated 27.11.2020 issued by the Senior Administrative Officer, VSSC, Thiruvananthapuram in respect of applicants 1 to 5. Annexure A14 - True copy of the communication No. LPSC/EST/PEN/2020 dated 2.12.2020 issue by the Senior Administrative Officer, LPSC Valiamala in respect of 6th applicant.
Annexure A14(a)-True copy of the communication No. LPSC/EST/PEN/2020 dated 2.12.2020 issue by the Senior Administrative Officer, LPSC Valiamala in respect of 7th applicant.
Annexure A14(b)-True copy of the communication No. LPSC/EST/PEN/2020 dated 2.12.2020 issue by the Senior Administrative Officer, LPSC Valiamala in respect of 8th applicant.
Annexure A15 - True copy of the representation dated 5.1.2021 submitted by the 1st applicant.
Annexure A16 - True copy of the memorandum No. VSSC/EST/G/16 dated 26.2.2021 issued to the 1st applicant.
SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 16 Annexure A17 - True copy of the communication No. SAC:RMT:CAMP:2003 dated 31.7.2003 issued by the Space Application Centre, Ahamedabad to the Campus Recruitment Cell, ISRO, Thiruvananthapuram. Annexure A17(a)-True copy of the communication No. VSSC/RMT/9.0/2003-04 dated 14.7.2003 from the Campus Recruitment Cell of ISRO to Space Application Centre, Ahamedabad.
Annexure A18 - True copy of the communication No. PP&PM.120/166 dated 8.7.2003 from the ISRO Headquarters to the Chairman of Campus Recruitment Committee, ISRO. Annexure A19 - True copy of the communication No. DOP/7/79900/M/01/DRSS-II dated 16.9.2020 issued by the Defence Research and Development Organization.
Annexure A20 - True copy of the answer given in Rajya Sabha to unstarred question No. 1392 by the Minister of Law & Justice on 28.7.2022.
Annexure A21 - True copy of the judgment dated 27.3.2017 in WP(C) No. 2810/2016 of the Hon'ble High Court of Delhi. Annexure A22 - True copy of the judgment dated 12.2.2015 rendered in WP(C) No. 3834/2013 of the Hon'ble High Court of Delhi.
Annexure A23 - True copy of the OM No. 57/05/2021-P&PW(B) dated 3.3.2023 issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions.
Annexure A24 - True copy of endorsement No. A.12018/1/2003- 1(Vol.III) dated 13.3.2023 issued by the Under Secretary to the Govt. of India, Department of Space. SEBASTIAN ANTONY 2024.12.13 17:21:42+05'30' 17 Annexure A25 - True copy of the communication No. A.12018/1/2003- I(Vol.III) dated 2.9.2022 issued by the Government of India, Department of Space.
Annexure A26 - True copy of communication No. A.12018/1/2003- I(Vol.IV) dated 31.7.2023 issued by the Government of India, Department of Space.
Annexure A27 - True copy of the communication No. 25011/02/2021- AIS-II(Pension) dated 13.7.2023 issued by the Government of India, Department of Personnel & Training.
Annexure A28 - True copy of the OM No. 20/1/2020-SCS/Vol.III/5713 dated 19.4.2024 issued by the Department of Atomic Energy.
Annexure A29 - True copy of the circular No. PD/35(1)/2023/R-
V/1/75082/2024 dated 10.5.2024 issued by the Bhabha Atomic Research Centre, Trombay, Mumbai.
RESPONDENTS' ANNEXURES Annexure R1(a)- True copy of the clarification dated 9.10.2020 issued by ICRB, ISRO, HQ.
Annexure R1(b)- True copy of the clarification dated 2.9.2022 issued by Department of Space.
Annexure R1(c)- True copy of letter dated 2.9.2022 from DP&PW, Dept. of Space.
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