Central Administrative Tribunal - Ernakulam
P J Jose Maria vs The Senior Head Accounts And Ifa Vssc ... on 16 February, 2023
1 CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, ERNAKULAM Original Application No. 180/00058/2020 & Original Application No. 180/00458/2020 Thursday, this the 16th day of February, 2023 CORAM:
Hon'ble Mr. Justice Sunil Thomas, Member (J)
1. Original Application No. 180/00058/2020 -
1. P.J. Jose Maria, S/o. late P.K. John, aged 82 years, Scientist/Engineer SF (Rtd.) VSSC, residing at CJRA 62, Pollayil, Subash Colony, Janatha Road (S), Palarivattom PO, Cochin - 682 025 (Mob.:9846235902).
2. P.R. Balakrishna Pillai, S/o. K.G. Ramakrishna Pillai, aged 75 years, Scientist/Engineer SF, VSSC (Retd.), residing at Sudina, TC 2/255, A-18, Aiswarya Nagar, Kesevadasapuram, Pattom PO, Thiruvananthapuram-695 004, (Mob. No. 9847190220).
3. C. Gopinathan Nair, S/o. K.S. Chandrasekharan Pillai, aged 80 years, Scientist/Enginieer S.F., VSSC (Retd.), residing at TC 13/792, Sreejayam, Green Lane, KVR-349, Vadayakkade, Kunnukuzhy, Thiruvananthapuram - 695 037 (Mob. No. 8111949990).
4. K.I. Alexander, S/o. K. Idichandy, aged 77 years, Scientist/Engineer S.G. VSSC (Retd.), residing at TC 17/1023-C, G-80, Near Rotary Hospital, Poojapura, Thiruvananthapuram - 695012 (Mob. No. 9074694191).
5. Chelattu Chandran Menon, S/o. Late Unni Menon, aged 83 years, Scientist/Engineer SF (Retd.) VSSC, Civil Engineer Division, Vanamala, Chelattu Lane, Kottapuram, Thrissur- 680 034, (Mob. 9495462366).
6. P. Sankaran, S/o. Koran Nair, aged 80 years, Scientist/Engineer SE, VSSC (Retd.), residing at Lakshmi Nivas, Chovva, Kannur - 670006 (Mob. No. 9387802645). ..... Applicants (By Advocates : Mr. C.S. Gopalakrishnan Nair) 2 Versus
1. The Senior Head, Accounts & IFA, Vikram Sarabhai Space Centre, Thumba, Thiruvananthapuram - 695 022.
2. Chief Controller, Central Pension Accounting Office, Trikoot II Complex, Bhikajicama Place, R.K. Puram, New Delhi - 110 066.
3. Chief Controler, VSSC, Thumba, Thiruvananthapuram-695 022.
4. Chairman, ISRO & Secretary, Indian Space Research Organization, Department of Space, Government of India, Antariksh Bhavan, New BEL Road, Bangalore 560 231.
5. Union of India, represented by its Secretary, Department of Pension & Pensioners' Welfare, South Block, New Delhi -
110001. ..... Respondents (By Advocate : Mr. N. Anilkumar, Sr. PC)
2. Original Application No. 180/00458/2020 -
1. ISRO Pensioners' Association, Register No. 3132/04, Thiruvananthapuram, represented by its President P. Reghupalan, Aged 75, S/o. Poliah Reddiar, Scientist/Engineer SG (Retd.), VSSC, ISRO PO, Thiruvananthapuram - 695 022, Residing at VBGRA-31, Pottakuzhi, Pattom PO, Thiruvananthapuram - 695 004, Ph. No. 04712449533.
2. P. Reghupalan, aged 75, S/o. Poliah Reddiar, Scientist/Engineer SG (Retd.), VSSC, ISRO PO, Thiruvananthapuram - 695 022, Residing at VBGRA-31, Pottakuzhi, Pattom PO, Thiruvananthapuram - 695 004, Ph. No. 9446439533. ..... Applicants (By Advocates : Mr. Vishnu S. Chempazhanthiyil) Versus
1. The Director, Vikram Sarabhai Space Centre, Thumba, ISRO PO, Thiruvananthapuram - 695 022.
2. The Secretary & Chairman, Department of Space, Indian Space Research Organisation, Antariksh Bhavan, New BEL Road, Bangalore - 560 094.
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3. The Secretary, Ministry of Pension and pensioners' Welfare Department, 3rd Floor, Lok Byk Bhawan, Khan Market, New Delhi - 110 001.
4. The Pay and Accounts Officer, Central Pension Accounting Office, Ministry of Finance, Government of India, Trikoot II Complex, Bhikaji Cama Palace, R.K. Puram, New Delhi - 110 066. ..... Respondents (By Advocate : Mr. N. Anilkumar, Sr. PC) These Original Applications having been heard on 08.12.2022, the Tribunal on 16.02.2023 delivered the following:
Common O R D E R Per: Justice Sunil Thomas, Judicial Member -
All the individual applicants are pre-2016 pensioners having retired from the respondent Vikram Sarabhai Space Centre (VSSC hereinafter), under the Department of Space, in the grade of Scientist/Engineers. The 1st applicant in OA No. 458 of 2020 is an association of Pensioners and the 2nd applicant therein is its President. All the applicants seek identical relief of pension at revised rate consequent to the Pay Commission reports. Since facts and issues involved are similar in both cases, except minor differences regarding reliefs, both the OAs were heard together and are disposed of by this common order. Generally the documents are referred to as found in OA No. 58 of 2020 though few documents which are specifically produced in OA No. 458 of 2020 are separately mentioned.
2. Facts as is discernable from the OAs can be summarized as follows:
All individual applicants had retired as Scientists/Engineers in Senior Grade (SG) from VSSC. By OM dated 3.2.1999 (produced as Annexure A1 4 in OA No. 458 of 2020), Department of Space ordered two additional increments to employees in the grade of Scientists/Engineers of Grade-D to Grade-G, w.e.f. 1.1.1996. By OM dated 12.8.1999 (produced as Annexure A2 in OA No. 458 of 2020), Department of Space clarified that the additional increments so ordered above will not be treated as pay for the purpose of DA, HRA, pension and pensionary benefits.
3. An Association of employees challenged the above OM in OA No. 1080 of 2001 before this Tribunal, which ultimately came to be dismissed.
Aggrieved by the above, Writ Petition No. 29358 of 2004 and connected cases were filed by various parties, who were employees/associations of VSSC which were challenged before the High Court. They were allowed by Annexure A5 judgment holding that additional increments ordered in the clarificatory OM and the OM of 3.2.1999 shall be counted as pay to attract all further payments. The Department unsuccessfully challenged the above judgment in SLP Nos. 555 to 560 of 2008. They were dismissed by Annexure A4 judgment produced in OA No. 458 of 2020. Though a Review Application was filed, that was also dismissed. Pursuant to it, OM dated 30.11.2011 was issued by VSSC holding that two additional increments granted should be treated as pay. Pursuant to implementation of Central Pay Commission with effect from 1.1.2006, some of the Engineers/Scientists of VSSC filed OAs Nos. 123 of 2015 and 243 of 2015 for taking into account the above additional increments for revising pension. They were allowed by Annexure A6 order holding that the additional increments is a permanent 5 affixture to be added to pay of Scientists/Engineers of SG category every time, "after normal pay fixation. It therefore, follows that whenever revision takes place in their pay, two additional increments will have to be added".
4. According to the applicant in OA No. 58 of 2020, pay for the purpose of pension was fixed taking into account last pay plus two additional increments. However, while receiving pension based on Annexure A1, additional increments were not taken into account with effect from 1.1.2006 and 1.1.2016. Annexures A7 to A12 are the PPOs issued to the applicants in OA No. 58 of 2020. A representation was stated to have been submitted. By Annexure A3, it was informed that matter will be resolved and till then provisionally their representation will be processed without taking into account the additional increments. Annexure A16 is the representation submitted by the 2nd applicant in OA No. 58 of 2020, seeking revision of pension prior to Annexure A16. The relief sought was to declare that the applicant was entitled for pension w.e.f. 1.1.2006 and 1.1.2016, and to direct grant of pension as claimed.
5. In OA No. 458 of 2020 the applicants therein have referred to filing of OA No. 632 of 2013, filed by ISRO Citizens Forum and several retired Scientists/Engineers of VSSC claiming benefit of the order counting additional increments as part of pay.
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6. In OA No. 458 of 2020 the same identical facts as mentioned in OA No. 58 of 2020 were reiterated. It was stated that pursuant to the implementation of VIth Pay Commission the respondents did not take into account two additional increments for working of the minimum pay in the pay band. It was subject to a challenge in OA No. 760 of 2012. By Annexure A8 order it was held that respondents were bound to re-fix pensionary benefits after adding two additional increments granted to the minimum pay in the corresponding revised pay band as per VIth Pay Commission recommendation. It was again reiterated in OA No. 243 of 2015 and connected cases evidenced by Annexure A9. Based on the recommendations of the VIIth Central Pay Commission, Government issued Annexure A10 order revising the pension of the pre-2016 pensioners/family pensioners dated 12.5.2017. Annexure A11 is the concordance table issued. To enable revision of pension, the Department of Space had sent revised PPOs to the Central Pension and Accounting Office, New Delhi. However, it emerges that several pension payment orders processed by the Department of Space reckoning the two additional increments as sanctioned by the earlier OM was approved by the Central Pension and Accounting Office and revised PPOs were issued. However, with respect to several other retirees, the same office rejected the revised PPO and did not authorize pension in respect of Scientists/Engineers retired from grades SD, SC, SF, SG, etc. on the plea that the additional increments granted to them did not match as per the notional pay and they did not fit in the pay matrix/level in the VIIth CPC. It was contended by the applicant that different yardsticks were adopted to the 7 same category of people who were sanctioned the additional increment by the OM of the Government. In the meanwhile OM dated 24.5.2019 was issued by making it clear that the issue had been taken up by the Department of Space with Department of Pension & Pensioners' Welfare to avoid hardship and the cases were processed for payment of provisional pension without taking into account the two additional increments as a temporary measure. Annexure A13 is the communication so issued. Revised PPOs were issued accordingly, without reckoning the additional increments. Even after considerable lapse of time no action was taken as promised earlier. Hence, Annexure A15 representation was submitted. Since no action was taken, the applicants have approached this Tribunal seeking the following reliefs:
"1. Declare that the refusal/inaction on the part of the respondents to revise the pension of the applicants from 1.1.2016 reckoning the component of the additional increments as sanctioned by Annexure A1 is illegal, arbitrary, unjust, unreasonable and irrational and that the same violates Articles 14 & 16 of the Constitution of India.
2. Direct the respondents to reckon and include the component of additional increment for revising applicants' pension from 1.1.2016 under the 7th CPC and to grant them all consequential benefits including arrears of pension with interest at the rate of 12% per annum.
3. Direct the respondents 3 & 4 to accept the revised pension papers of the applicants under the 7th CPC as forwarded by the Department of Space and approve and sanction PPO taking into account the two additional increments sanctioned vide Annexure A1 with all consequential benefits including arrears."
7. Reply statements were filed by the respondents in both the OAs claiming substantial and similar objections. In OA No. 58 of 2020 it was specifically contended that the claim of the applicants for revision with effect from 1.1.2006 was highly belated and cannot be granted. Regarding the revision of pension consequent to the VIIth Pay Commission, it was dealt 8 with in detail in both reply statements. It was pointed out that the order in OA No. 760 of 2012 and similar matters were pending consideration before the Hon'ble High Court in OP (CAT) No. 97 of 2015. A stay was granted in that and the matter is still pending. It was stated that while revision of pension as per VIIth CPC was introduced, pre-revisional pension with two increments were taken into account. It cannot be added again. Similarly the orders in OA No. 123 of 2015 and OA No. 243 of 2015, reliefs as identical in OA No. 760 of 2012 was granted. That was also challenged in OP (CAT) No. 100 of 2020 and 94 of 2020 and stay was granted.
8. Pursuant to the introduction of the 7th CPC, two options were given to the pre-2016 pensioners for reckoning revision of pension. Government approved it subject to the feasibility of implementation. A committee was constituted to consider the feasibility. The report was accepted by Annexure R1(j) OM dated 4.8.2016 and accepted the 2nd formulation as offered by the committee. It was stated that pursuant to the above, pay in respect of all the applicants were notionally revised taking into account the two additional increments and the pension was revised at 50% of the notional pay. The CPAO returned the pension payment orders on the ground that additional increments granted to them do not match as the notional pay so arrived were not fitting in the cell of pay matrix/level in the 7th CPC. The matter was taken up with the nodal Department to avoid hardship to the pensioners. However, the decision of the Department of Expenditure is still awaited. It is stated that several inter-departmental consultation were required for taking 9 final decision on the fixation of pension as on 1.1.2016. In the mean while decision was taken by the Department to process the pension of pre-2016 retirees provisionally without taking into account the two additional increments as a temporary measure. It was necessitated in view of the fact that the CPAO had returned the pension payment orders issued by the centres/units of the Department of Space. Department of Space has taken up the matter with the Department of Pension & Pensioners' Welfare which is the nodal department for all the matters pertaining to pension. Hence, it was requested that Tribunal may not pass any order on the issue in which decision was to be taken yet by the Department and the matter was under
consideration for the final decision. Therefore, it was requested that sufficient time may be granted to the respondents to take a final decision on the issue.
9. The essential facts are not in dispute. The applicants in both the OAs are seeking the revision of pension on the basis of the two additional increments granted by OM dated 1.1.2006 and the clarification issued by the clarificatory order dated 12.8.1999 as interpreted by the Hon'ble High Court in WP 29358 of 2004 and connected cases. It is also not in dispute that the above judgment has become final consequent to the dismissal of the SLP's arising there from. It is also seen that OA No. 632 of 2012 and identical matters were filed claiming the benefit of OM. Later OM dated 20.1.2014 was issued giving effect to the judgment in WP 29358 of 2004 and connected matters treating two increments as part of pay. 10
10. It seems that after the VIth Central Pay Commission was implemented claiming that pension was not revised reckoning the above two increments, OA No. 760 of 2012 and connected matters were filed by various parties. The applicant in OA No. 58 of 2020 did not claim any such right. In spite of the above, when all other identically placed persons sought relief by filing separate OAs, the applicants in OA No. 58 of 2020 remained idle for long period. Even though it is stated that they had made claims and it was not favourably responded no such representation is forth coming. At this juncture the claim for revision with effect from 1.1.2006 as set up by the applicants in OA No. 58 of 2020 is highly belated and cannot be granted.
11. Regarding the revision pursuant to the VIIth CPC w.e.f. 1.1.2016, parties are claiming on the basis of the OM dated 20.1.2014 and the order of the Tribunal in OA No. 632 of 2012 and connected matters, wherein it was declared that the applicant's would be entitled for the benefits provided in the OM dated 3.2.1999 which was additional increment sanctioned would count as pay for all payments like DA, HRA, pension and other permanent pensionary benefits. Applicants in the both the case are seeking benefits on the strength of the decision of this Tribunal in OA No. 760 of 2012 and connected matters wherein it was held that the additional two increments granted was an additional pay coming within the definition of pay as defined in FR 9(21)(a) over and above their pay fixed. It was also held that the additional increment was a permanent appendix to be added to the pay of Scientists/Engineers of SF category every time after their normal fixation. It 11 was directed that whenever revision takes place in their pay the two additional increments will have to be added.
12. It is pertinent to note that the above OA and identical OAs are pending consideration before the Division Bench of the Hon'ble High Court in OP (CAT) 97 of 2015, OP (CAT) 100 of 2020 and 94 of 2020. It has not attained finality. It was also brought on record that since the revision of pay and the revised PPO sent for approval have been returned and thereafter pension was provisionally revised without reckoning to the two additional increments, the matter is stated to be pending consideration at different levels. It is also indicated that there are certain issues which needs to be creased out before a final decision is taken. In the mean while revised provisional pension are being paid without reckoning the two additional increments. It is in that OA No. 458 of 2018 Annexure A15 representation was submitted long back on 5.6.2020. No decision has been taken till this time. Having considered this I am of the view that a decision has to be taken at the earliest in consultation with all parties concerned as expeditiously as possible, at any rate within a period of three months. Definitely any decision taken will be subject to the outcome of the decisions of the Hon'ble High Court in the OP (CAT)s which are stated to be pending.
13. In the result the OAs are allowed in part directing that appropriate decision pursuant to Annexure A15 in OA No. 458 of 2020 regarding the revision of pre-2016 pensioners in relation to revision of pension pursuant to 12 the 7th Central Pay Commission shall be finally be taken as expeditiously possible at any rate within a period of three months from the date of receipt of a copy of this order.
14. OAs are allowed in part as above. No order as to costs.
(JUSTICE SUNIL THOMAS) JUDICIAL MEMBER "SA"
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Original Application No. 180/00058/2020 APPLICANTS' ANNEXURES Annexure A1 - True copy of the OM No. 38/37/2016-P&PW(A) dt.
12.5.2017 issued by the 5th respondent.
Annexure A2 - True copy of the Schedule Part (A) Pay Matrix as per Rules 3(vi) and 7(2) of the CCS (RP) Rules, 2016. Annexure A3 - True copy of the resolution published in the gazette of India dt. 16.5.2017 along with Appendix I. Annexure A4 - True copy of the OM No. 38/37/2016-P&PW(A) dt.
6.7.2017 along with relevant table Nos. 42, 45 and 48. Annexure A5 - True copy of the common judgment dt. 18.1.2007 in WP(C) No. 29358, 29710 & 31525 of 2004.
Annexure A6 - True copy of the common order in OA Nos. 123/2015 and 243/2015 dt. 11.11.2019.
Annexure A7 - True copy of the revised PPOs w.e.f. 1.1.2016 issued to the 1st applicant.
Annexure A8 - True copy of the revised PPOs w.e.f. 1.1.2016 issued to the 2nd applicant.
Annexure A9 - True copy of the revised PPOs w.e.f. 1.1.2016 issued to the 3rd applicant.
Annexure A10 - True copy of the revised PPOs w.e.f. 1.1.2016 issued to the 4th applicant.
Annexure A11 - True copy of the revised PPOs w.e.f. 1.1.2016 issued to the 5th applicant.
Annexure A12 - True copy of the revised PPOs w.e.f. 1.1.2016 issued to the 6th applicant.
Annexure A13 - True copy of the OM NO. A/12021/13/2016-I (Vol.II) dt.
24.5.2019.
Annexure A14 - True copy of the OM No. 38/37/08/P&PW(A) dt.
6.4.2016 issued by the 5th respondent.
Annexure A15 - True copy of the details are incorporated in a table. 14 Annexure A16 - True copy of the representation submitted by the 2nd applicant on 23.5.2019.
RESPONDENTS' ANNEXURES Annexure R1(a)- True copy of the judgment of the Hon'ble Supreme Court in SLP No. 25795/2008.
Annexure R1(b)- True copy of the resolution dated 25.7.2016 issued by the Ministry of Finance together with relevant page of the Annexure-II of the resolution.
Annexure R1(c)- True copy of the resolution dated 4.8.2016 issued by the DP&PW.
Annexure R1(d)- True copy of the OM No. 28/37/2016-P&PW(A)(ii) dated 4.8.2016 issued by the DP&PW.
Annexure R1(e)- True copy of the OM dated OM No. 2/10(8)/98-I dated 3.2.1999 issued by the Department of Space.
Annexure R1(f)- True copy of the OM No. 2/10(8)/98-I dated 12.8.1999 issued by the Department of Space.
Annexure R1(g)- True copy of the OM No. A.2/10(8)/98-1(Vol.III) dated 20.1.2014 issued by the Department of Space.
Annexure R1(h)- True copy of the interim order dated 8.6.2020 of the Hon'ble High Court of Kerala in OP (CAT) No. 100/2020.
Annexure R1(i)- True copy of the interim order dated 1.6.2020 of the Hon'ble High Court of Kerala in OP (CAT) No. 94/2020. Annexure R1(j)- True copy of the said ID note No. 203607/E.III(A)/2013 dated 11.11.2013 of the Ministry of Finance.
Annexure R1(k)-True copy of the OM No. 38/1/2018-P&PW(A)[C No. 4919] dated 26.8.2020 issued by DP&PW.
Original Application No. 180/00458/2020 APPLICANTS' ANNEXURES Annexure A1 - True copy of the Office Memorandum No. 2/10(8)/98-I dated 3.2.1999 issued by the 2nd respondent.
Annexure A2 - True copy of the Office Memorandum No. 2/10(8)/98-I 15 dated 12.8.1999 issued by the 2nd respondent.
Annexure A3 - True copy of the judgment dated 18.1.2007 in WP© No. 31525/2004 of the Hon'ble High Court of Kerala. Annexure A4 - True copy of the judgment dated 4.4.2011 in Special Leave to Appeal (Civil) No. 555-560/2008 of the Hon'ble Supreme Court of India.
Annexure A5 - True copy of the judgment in OA No. 632/2012 and connected cases of the Hon'ble Central Administrative Tribunal, Ernakulam Bench.
Annexure A6 - True copy of the OM No. E.29011/4/2008/Sec.V dated 12.9.2008 issued by the 2nd respondent.
Annexure A7 - True copy of the OM No. A.2/10(8)/98-I (Vol.III) dated 20.1.2014 issued by the 2nd respondent.
Annexure A8 - True copy of the judgment dated 26.9.2014 in OA No. 760/2012 of the Hon'ble CAT, Ernakulam Bench.
Annexure A9 - True copy of the judgment dated 11.11.2019 in OA No. 243/2015 and connected cases.
Annexure A10 - True copy of the OM No. 38/37/2016-P&PW(A) dated 12.5.2017 issued by the 3rd respondent.
Annexure A11 - True copy of the OM F. No. 38/37/2016-P&PW(A) dated 6.7.2017 issued by the 3rd respondent.
Annexure A12 - True copy of the OM No. A.12021/13/2016-1(Vol.II) dated 24.5.2019 issued by the 2nd respondent.
Annexure A13 - True copy of the communication No. A.12021/13/2016- I(Vol.II) dated 7.6.2019 issued by the 2nd respondent. Annexure A14 - True copy of the revised PPO No. 601750402212A5 dated 20.6.2019 of the 2nd applicant.
Annexure A15 - True copy of the representation submitted by the 2nd applicant.
Annexure A16 - True copy of the communication No. CPAO/IT&Tech/ISRO/2017-18/152 dated 21.11.2017 issued by the Department of Expenditure.
16Annexure A17 - True copy of the Pension calculation sheet issued in favour of Sri Narayanan Namboodiri P. Annexure A18 - True copy of the OM No. A.12021/13/2016-I dated 9.8.2017 issued by the Government of India, Department of Space.
RESPONDENTS' ANNEXURES Annexure R1(a)- A copy of the DOS OM No. A/12021/13/2016-I (Vol.II) dated 24.5.2019.
Annexure R1(b)- A copy of the DOS OM No. A/12021/13/2016-I (Vol.II) dated 30.5.2019.
Annexure R1(c)- A copy of the Ministry of Finance ID Note No. 203607/E.III(A)/2013 dated 11.11.2013.
Annexure R1(d)- A copy of the DP&PW OM No. 38/1/2018-P&PW(A) [C.No. 4919] dated 26.8.2020.
Annexure R1(e)- True copy of the interim order dated 3.3.2016 of the Hon'ble High Court of Kerala in OP (CAT) No. 97/2015. Annexure R1(f)- True copy of the judgment dated 8.6.2020 of the Hon'ble High Court of Kerala in OP (CAT) No. 100/2020.
Annexure R1(g)- True copy of judgment dated 1.6.2020 of the Hon'ble High Court of Kerala in OP (CAT) No. 94/2020.
Annexure R1(h)- True copy of resolution No. 1-2/2016-IC dated 25.7.2016 together with relevant page of the Annexure-II of the resolution.
Annexure R1(i)- True copy of the resolution No. 38/37/2016-P&PW(A) dated 4.8.2016 issued by the Government.
Annexure R1(j)- True copy of the OM No. 38/37/2016-P&PW(A)(ii) dated 4.8.2016.
Annexure R1(k)-True copy of the Ministry of Finance resolution No. 1- 2/2016-IC dated 16.5.2017.
Annexure R1(l)-True copy of the OM F. No. 38/37/2016-P&PW(A) dated 18.7.2017.
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