Central Administrative Tribunal - Delhi
Sh. Sanjay Kumar Bhambri vs Mahanagar Telephone Nigam Limited on 8 April, 2009
Central Administrative Tribunal Principal Bench TA No. 135/2009 New Delhi, this the 8th day of April, 2009 Honble Mr. Justice V.K. Bali, Chairman Honble Mr. L.K. Joshi, Vice Chairman (A) 1. Sh. Sanjay Kumar Bhambri s/o late Sh. M.L. Bhambri, R/o 90/15-A, Malviya Nagar, New Delhi 110 017. Presently posted as S.D.E.(FRS), G.O. No. 108949, C.G.O. Telephone Exchange, M.T.N.L., Lodhi Road, New Delhi 110 003. 2. Sh. Umesh Dutt Sharma, s/o Sh. Basu Dev Sharma, R/o D-141, Govind Puram, Ghaziabad (UP). Presently posted as S.D.E. OCB, K.B.H. G.O. No. 37211, Kidwai Bhawan, Janpath, New Delhi. 3. Sh. R.P. Singh S/o Sh. Moti Lal, R/o E-26, Nai Basti, Kondli, Delhi 110 096. Presently posted as E.S. to D.G.M.(LC) R.No. 362, Kidwai Bhawan, Janpath, New Delhi. 4. Sh. A.P. Singh S/o Late Sh. R.L. Singh, R/o D-102, Sector-I, Rohini, Delhi 110 085. Presently posted as D.E.-IV (Prof.) G.S.M. G.O. No. 12924, C.G.O. Complex, M.T.N.L., Lodhi Road, New Delhi 110 003. 5. Sh. Suresh Chand s/o Sh. Sharwan Singh, R/o P-89, Pandav Nagar, Delhi. Presently posted as D.E.(OCB) P-04, Kidwai Bhawan, Janpath, New Delhi. Applicants (By Advocate: Sh. D.S. Chaudhary) Versus Mahanagar Telephone Nigam Limited Through its Chairman-cum-Managing Director, 12th Floor, Jeevan Bharti Building, Janpath, Connaught Place, New Delhi 110 001. Respondent (By Advocate: Shri Dinesh Agnani) O R D E R Justice V.K. Bali, Chairman:
Sanjay Kumar Bhambri and four others, the applicants herein, were permanent employees of erstwhile Delhi Telephones District, Indian Post and Telegraph Department, Government of India. When Mahanagar Telephone Nigam Limited (hereinafter to be referred as MTNL) came into being on 1.4.1986, the entire staff (Group A, B, C and D) of Delhi and Bombay Telephone Districts was transferred to it on deemed deputation basis. There were some service advantages given to the applicants at the time they were taken on deemed deputation. The applicants, concededly, have since been absorbed on permanent basis in MTNL, and after they were so absorbed, they filed a writ petition bearing WP(C) No.14172-76 of 2004 in the High Court of Delhi, which has since been transferred to this Tribunal under provisions of Section 29(2) of the Administrative Tribunals Act, 1985, seeking a writ in the nature of certiorari so as to quash orders dated 25.5.2000, 5.6.2000 and 22.3.2004 to the extent the same relate to stopping the special payment of Rs.3000/- per month with the introduction of IDA pay scales w.e.f. 1.10.2000. They also seek quashing of order dated 21.4.2001 regarding payment of transport allowances to the DGMs etc., as also a direction to be issued to the respondent to release the arrears of medical allowance w.e.f. 1.4.2001 to 31.3.2004 on the basis of IDA pay scales.
2. Brief facts as set out in the Application for the reliefs as indicated above, reveal that when the applicants were taken on deemed deputation in MTNL, they were granted special payment of Rs.3000/- per month. The same was admissible to all Group A and B officers vide order dated 25.5.2000 for observing six days a week instead of five days, and in lieu of the then existing scheme of quarterly payment of incentives, payment of lunch allowance for attending office on holidays etc. It was indicated in the order aforesaid that this amount would be payable to all Group A and B officers till the actual date of absorption. It is the case of the applicants that the respondent is obliged to provide better pay scales and facilities to its officers with the introduction of IDA pay scales and not to change any of the conditions to their disadvantage. The respondent issued an order dated 5.6.2000 clearly indicating therein that the payment of compensation would have no link with the pay of the officers. Government of India vide order dated 8.5.2000 decided to fill up all the posts of Group A and B officers. The respondent, therefore, sought option from all Group A and B officers, including the applicants, by 1.9.2000 as to whether they wanted to be absorbed with the respondent permanently or not. The applicants opted to be absorbed with the respondent on permanent basis, and order dated 15.1.2004 thus came to be issued for permanent absorption of all the officers who opted so, including the applicants. The applicants were getting transport allowance in different slabs before their permanent absorption with the respondent. Respective amounts paid to different categories of officers have been mentioned in para 6 of the Application. It is further the case of the applicants that the respondent introduced a medical scheme vide order dated 31.3.2001 for Group C and D employees. It issued another order dated 30.5.2001 for implementing the said scheme. It issued yet another order dated 1.6.2001 extending the medical scheme to Group A and B officers also. According to the medical scheme of the respondent, an officer is entitled to receive an amount equal to half months salary in four equal installments with the salary for the months of March, June, September and December. The executives are also entitled to reimbursement of their medical bills up to a maximum amount of half months salary in a year. This scheme was introduced w.e.f. 1.4.2001. All officers were getting IDA pay scales on that date, but the respondent paid the medical allowance only on the basis of CDA pay scales. In the manner aforesaid, it is the case of the applicants, the respondent has paid much less amount than their entitlement. The respondent issued yet another order dated 22.3.2004 introducing IDA pay scales w.e.f. 1.10.2000 in replacement of existing CDA pay scales, and the CDA pay scales were re-fixed in corresponding IDA pay scales. The order aforesaid contains terms and conditions with regard to fitment method, pay and allowances, perks, payment of transport allowance/medical allowance etc. The applicants raised the issue of stoppage of special payment of Rs.3000/- per month and disparity in payment of various allowances, as mentioned above, but when the same brought no tangible result, a writ in the High Court for the reliefs as already mentioned, came to be filed.
3. Pursuant to notice issued by the High Court, the respondent entered appearance and filed reply contesting the cause of the applicants, wherein it has inter alia been pleaded that as per the position existing as on day, all employees except Group A officers who have already opted for absorption have been absorbed by the respondent and are employees of MTNL and are governed by the rules of MTNL. It is further pleaded that at the time when the respondent had issued orders for payment of special payment of Rs.3000/- per month to all Group A and B officers, they were specifically informed that they would be paid the said amount till the actual date of absorption subject to terms and conditions set out therein. Order dated 25.5.2000 was superseded by order dated 5.6.2000 and total number of working hours remained the same even though, working pattern has been changed from five days to six days a week. It is then pleaded that all the applicants are in the management cadre/executive cadre and as such are bound by the terms and conditions which may be notified by the respondent from time to time, and that it is the prerogative of the management to fix the working hours/days and such other terms and conditions which they may think fit and proper in the interest of the organization, and in case the executive/management cadre employees are not satisfied, they are at liberty to leave the services of the respondent. The ad hoc amount of Rs.3000/- per month, it is pleaded, was given to reduce the difference between the CDA and IDA pay scales, which the officers such as the applicants ought to have been given at their absorption, and that the payment of Rs.3000/- was linked to absorption of the officers. The payment of Rs.3000/- has not been given to few directly recruited officers though they were also made to work for six days a week instead of five days, and quarterly incentive was also withdrawn from them. It is further pleaded that this amount was admissible and linked to DoT officers till the time of their absorption in MTNL. It is then pleaded that as per provisional terms and conditions of absorption offered to all the officers including the applicants, they were told that they would be entitled to PSU service conditions, i.e., IDA related pay scale allowances, perks and benefits etc. as were presently applicable to directly recruited employees of the respondent on their permanent absorption. Insofar as, the medical reimbursement scheme is concerned, it is stated that the same is in the nature of reimbursement, partly on bills and partly on self-certification, and early limit is linked to basic+DA drawn by the employees concerned. The applicants were drawing CDA pay scale for the period from 1.4.2001 to 31.3.2004 and for the said period, it is pleaded, they were allowed medical reimbursement in accordance with salary drawn by them at that time, and that IDA pay scales were allowed retrospectively and the medical reimbursement being in the nature of reimbursement only, was not allowed retrospectively. In other words, the entitlement for reimbursement of medical expenses is linked to the salary of the officer drawn as of March, and as such whatever basic pay the employee is drawing in the pay scale, the same only would be accounted for the purpose of calculation. It is pleaded that in fact, reimbursement scheme was initially made only for officers of IDA pay scales but the same was extended to officers of CDA pay scales also to mitigate their hardships as CGHS authorities refused to extend medical facilities to these officers.
4. Before we may proceed any further, we may mention that the existing CDA pay scales were to correspond to IDA pay scales as per the following table:
CDA pay scales Corresponding IDA Pay scales Rs.6500-10500 Rs.10750-16750 Rs.7500-12000 Rs.13000-18250 Rs.8000-13500 Rs.14500-18700 Rs.1000-15200 Rs.16000-20800 Rs.12000-16500 Rs.17500-22300 Rs.14300-18300 Rs.18500-23900 Existing CDA pay scales and corresponding IDA pay scales reproduced above would clearly reveal a big jump in every pay scale. In the fitment method, mentioned in para no. 2 and clause (e) of the order aforesaid, ad hoc payment of Rs.3000/- w.e.f. 1.10.2000, being paid to the Executives, would be adjusted against the emoluments admissible in the above IDA pay scales w.e.f. 1.10.2000. The compensation of Rs.3000/- per month was thus withdrawn w.e.f. 1.10.2000, i.e., from the same date on which the IDA pay scales were made admissible.
5. On the facts as mentioned above, the counsel representing the applicants would contend that in the order dated 5.6.2000, it is clearly recorded that the compensation of Rs.3000/- would not have any link with the pay of the officers, and further that with the grant of this compensation, the payment of other benefits, like quarterly incentive with effect from 1.4.2000 and schemes for payment of lunch allowance for attending office on holidays would stand withdrawn, and, therefore, the compensation of Rs.3000/- was in lieu of other allowances which were withdrawn. It is also urged that in no case, however, the compensation of Rs.3000/- should be withdrawn from the retrospective date. Counsel representing the respondents, would, however, join issues with counsel for the applicants on his contentions as noted above.
6. We have heard the learned counsel representing the parties and with their assistance examined the records of the case.
7. The first order placed on record dated 25.5.2000 would reveal that the Board of Directors of MTNL in their meeting held on 24.5.2000 decided to pay special payment of Rs.3000/- per month to all Group A and B officers presently working in MTNL w.e.f. 1.11.1998 or from the date of their joining MTNL, whichever was to be later, till the actual date of absorption, subject to the following conditions:
a) The special payment will be paid on furnishing an undertaking in favour of MTNL as per the format attached and such officers who do not opt for absorption in MTNL and/or are not absorbed and/or resign on their own volition before the date of absorption will have to refund the amount of Special Payment to be paid to them.
b) With the introduction of the Special Payment, all existing Schemes like quarterly payment of incentive w.e.f. 01.04.2000 and schemes for payment of Lunch Allowance for attendance on Saturdays and holidays will stand withdrawn from the date of issue of office order in this regard.
c) All Officers will switch over to and observe six days a week working system.
d) The aforesaid Special Payment will be discontinued from the date of issuance of absorption orders by the Government. Order dated 25.5.2000 was superseded by order dated 5.6.2000. This is the order based on which the relief as indicated above are being asked for by the applicants. While superseding order dated 25.5.2000, the Board decided to pay compensation of Rs.3000/- to all Group A and B officers. This compensation was payable w.e.f. 1.4.1999 or from the date of joining MTNL, whichever was to be later, till the IDA pay scales became operative for Group A and B officers, subject to following conditions:
i) This compensation will not have any link with the pay of the officers.
ii) With the grant of this compensation, the payment of other benefits like Quarterly incentive with effect from 01.04.2000 and schemes for payment of Lunch Allowance for attending offices on Saturdays and holidays will stand withdrawn from the date of issue of this office order in respect of Group A & B officers working in MTNL.
iii) All Group A & B officers will switch over to six days a week working with immediate effect. We are of the considered view that the payment of compensation of Rs.3000/- was conditional. The first condition was that the said compensation would have no link with the pay of the officer concerned. In the context of the facts and circumstances of the case, we are of the firm view that this compensation was payable to the applicants and other equally situate without disturbing their existing pay, i.e., the pay the applicants were getting at that time. This condition cannot be said to mean that even on introduction of the IDA scales, this compensation was continued to be paid. The link with pay of the compensation, as mentioned above, was with their present pay scale as the employees were getting at that time, and not what they were to get after introduction of IDA pay scales. The compensation of Rs.3000/- was in lieu of the allowances mentioned in condition no.(ii), and, therefore, the second contention of the learned counsel, as noted above, that in no case, the compensation of Rs.3000/- should be withdrawn from the retrospective date, also cannot be accepted. In the order dated 22.3.2004, while introducing IDA pay scales, details whereof have been given in a tabular form, in clause (e) of para 2 thereof, it is mentioned as follows:
(e) The ad-hoc payment of Rs.3000/- w.e.f. 01.10.2000 being paid to the executives will be adjusted against the emoluments thus admissible in the above IDA pay scales w.e.f. 01.10.2000. Counsel representing the applicants, it appears, is raising the contention with regard to non-permissibility of retrospective withdrawal of the compensation of Rs.3000/- by completely forgetting that the IDA scales were also made effective from 1.10.2000, which, as mentioned above, is far more than what they were getting earlier. Vide order dated 22.3.2004 the applicants have been given so many service benefits. Besides laying down the method of fitment, the way and manner the applicants would get annual increments, is also mentioned. The applicants were to continue to draw annual increments on normal dates. Executives reaching the maximum of their pay scales have been made entitled to a maximum of three stagnation increments. The pay of executives officiating in higher grades on or before 1.10.2000 was to be fixed in substantive/regular grade as on 1.10.2000 and thereafter in the higher grade, under normal FRs applicable to the promoted grade. The arrears due to introduction of IDA pay scales w.e.f. 1.10.2000 were also be paid to the applicants, which, of course would be after fixation of pay in the corresponding IDA scale, by adjusting the ad hoc amount of Rs.3000/- from the arrears payable. The personal pay drawn by the executives has also been revised. The applicants were also to get DA in the IDA pattern as on 1.10.2000 at the rate of 28% which was to be revised once in every three months. MTNL executives were also to be paid HRA on the basis of revised pay w.e.f. 1.10.2000 at the rates and terms applicable to Central Government executives. Various perks given to the applicants pertaining to children education allowance, merit scholarship/hostel subsidy etc. were also revised w.e.f. 1.10.2000. The applicants were also made entitled to TA/DA/medical claims/allowances as per existing MTNL rules. Practically all substantial benefits given to the applicants are from the date when IDA scales were made applicable. It appears that the applicants should be satisfied and rather be happy for a better deal given to them on all counts instead of complaining about the same. Surely, the applicants cannot ask for all the benefits given to them under IDA pattern vide order dated 22.3.2004, and still clamour for what they were getting earlier, which, it appears, were all interim measures till such time IDA scales were made applicable.
8. We find absolutely no merit in this Application, which is dismissed, leaving, however, the parties to bear their own costs.
( L. K. Joshi ) ( V. K. Bali ) Vice-Chairman (A) Chairman /as/