Karnataka High Court
R Shankar vs Central Power Research Institute (R) on 23 January, 2013
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 23rd DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT PETITION NO.19528 OF 2005(S-RES)
Between:
1. R. Shankar
S/o. Late Ragavelu
Aged About 35 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
2. S Thyagaraj
S/o A.B. Sundaram
Aged About 45 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
3. T Narayana Swamy
S/o. Late Thirumallappa
Aged About 39 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
2
Sadashivanagar Post
Bangalore - 560 080
4. K N Jagannatha Urs
S/o. Narasimha Raj Urs
Aged About 43 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
5. P Sridharan
S/o. P Perumal
Aged About 45 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
6. Siddaramappa
S/o Yankanna
Aged About 35 Years
Technician Grade II
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
7. R Ravi
S/o. M Raju
Aged About 38 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
3
Sadashivanagar Post
Bangalore - 560 080
8. R Dhanaraj
S/o. Raghavan P
Aged About 46 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
9. R Tamilvannan
S/o Late C Raju
Aged About 42 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
10. T P Ramesh
S/o Puttaiah
Aged About 35 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
11. M Ganesh
S/o C Muniyappa
Aged About 39 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
4
Sadashivanagar Post
Bangalore - 560 080
12. V Muniswamy
S/o Venkatachalam
Aged About 59 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
13. Imtiaz Pasha
S/o T.N Abdul Azeez
Aged About 43 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
14. S Jagadish Prasad
S/o A.M Srinivas Murthy
Aged About 43 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
Sadashivanagar Post
Bangalore - 560 080
15. Ramakrishna C
S/o. Chikkamuniyaiah
Aged About 39 Years
Technician Grade III
High Power Lab, Central Power
Research Institute,
5
Sadashivanagar Post
Bangalore - 560 080 ... Petitioners
(By Shri.R. Nataraj, for Petitioner Nos.1-3 & 5 to 15
Sri. D.Leelakrishnan for P-4)
AND:
1. Central Power Research Institute (R)
Ministry Of Energy
Department Of Power,
Government Of India,
Prof. C.V. Raman Road,
Sadashivanagar Road,
Bangalore 560 080
Represented by its :Director General
2. The Secretary To The
Government Of India
Ministry Of Energy
Department Of Power,
REFI Marg Road,
New Delhi ... Respondents
(By Shri.T. Mohan Das Shetty,
Central Government Standing Counsel
For R1 and R2,
Sri. V.K. Narayana Swamy, Adv.
For R1 and R2)
*****
This writ petition is filed under Articles - 226 and
227 of the Constitution Of India praying to quash the
orders dated 12.7.2005 vide Annexure - R1 to R15
issued to the petitioners herein by declaring the same
6
as unjust and discriminatory under Articles - 14 and
16(1) of the Constitution Of India and not sustainable.
This Writ Petition coming on for Final Hearing this
day, the Court made the following :
ORDER
The Central Power Research Institute was set-up by the Government of India, Ministry of Energy, Department of Power. The Institute has framed Rules as 'Central Power Research Institute (Pay, Recruitment and Promotions) Rules 1989, wherein it has classified various officers and staff of the society, in the following categories:
Part -I : Those engaged in Research, Testing and Maintenance work.
Part - II : Those engaged in work other than
Research, Testing and
Maintenance (Non-Technical).
2. Under Part-I (Group-III) all Ancillary Personnel connected with Research, Testing and Maintenance of Laboratory, Laboratory Equipment and other Ancilliary 7 Services, form the cadre of Technicians, which is operated under the following six Grades:
Pay Scale under 4th Pay Sl.No. Grade Commission (upto 31.12.1995) 1 Technician Grade 1 Rs.950-20-1150-EB-25-1400 2 Technician Grade 2 Rs.1150-25-1500 3 Technician Grade 3 Rs.1320-30-1560-EB-40-2040 4 Technician Grade 4 Rs.1400-40-1600-50-2300-EB-
60-2600 5 Technician Grade 5 Rs.2000-60-2300-EB-75-3200- 100-3500 6 Technician Grade 6 Rs.2200-75-2800-EB-100-4000
3. The petitioners were Technicians, Grade - II in the pre-revised scale of Rs.1150-25-1500 as on 31.12.1995. The recommendations of the Fifth Pay Commission were made and implemented by the Government of India, w.e.f., 01.01.1996 under the Central Civil Services (Revised Pay) Rules of 1997. The respondents were required to implement the said Rules. 8 The respondents have inappropriately applied the revised pay-scales as enunciated, so far as Grade - II Technicians are concerned. They should be revised to the pay-scales of Rs.4000-100-6000. Therefore, the petitioners made a representation to the respondents seeking appropriate implementation of the notification dated 30.09.1997.
4. On considering the representation, the respondents issued Annexures - R1 to R15 to each one of the petitioners intimating the revised scales of pay in the Institute effective from 01.01.1996, were required to be prescribed in accordance with the Central Civil Services (Revised Pay) Rules 1997, and also such other instructions issued by Government insofar its applicability to autonomous bodies. On considering the same, the Council has noted that the Institute should have prescribed the revised scale of pay of Rs.3050- 4590, as against the corresponding pre-revised scale of 9 pay of Rs.1150-1500. On the contrary, the Institute has given a higher scale of pay of Rs.3200-4900 with a view to maintain the hierarchical pay structure in that cadre of Technicians ranging from Grade 1 to Grade - 6.
5. On failure of the respondents to adequately consider the representation, the petitioners preferred writ petition Nos.35338 to 35352/2002, seeking for a direction to the respondents to consider revising the scale of pay from Rs.3200-85-4900 to Rs.4000-100- 6000 w.e.f. 01.01.1996 and consequential reliefs. By an order dated 27.01.2005, the petitions were disposed off with directions to the respondents to consider the representations, as well as the legal notices and to pass appropriate orders within six months from the date of receipt of the copy of the order.
10
6. That after due consideration of the material as well as the earlier order passed by the Hon'ble High Court of Karnataka, the Governing Council was of the view that there is no basis for the claims of the petitioners. Consequently, their claims were held as non-admissible. Aggrieved by the same, the present petition is filed.
7. Shri. S. Nataraj, learned counsel for the petitioners contend that the impugned orders are opposed to facts and liable to be set-aside. That the respondents failed to consider the plea of the petitioners for granting the revised scale of pay. That the revised pay scales are aptly applicable to the petitioners. That a reading of the terms of Schedule - I, would show the entitlements of the petitioners to the pay-scale of Rs.4000-100-6000, requires to be accepted. That the respondents committed an error in misreading Schedule-I. That the plea of the respondents that even 11 though the petitioners were entitled to Rs.3050-75- 3950-80-4590, the pay-scale of Rs.3200-85-4900 has been given, cannot form an act of gratitude to the petitioner. That they are by Law entitled to the revised pay scale and hence the orders of the respondents are erroneous.
8. On the other hand, Shri. T. Mohan Das Shetty, learned Central Government Standing Counsel appearing for respondent nos.1 and 2 defends the impugned order. He contends that there is no error committed by the Appellate Court that calls for interference. That the pay-scale granted to them is referable to Schedule - I to the notification. That in terms of the earlier pay scale at Rs.1150-25-1500, the revised pay-scale would narrate to the scale at 3050-75- 3950-80-4590, which could be found at serial number - 1, to the grade S-5. That is the appropriate revised scale that is required to be implemented. However, the next 12 grade is made applicable to the petitioner i.e., S-6, namely, Rs.3,200-85-4900, on the basis that the earlier pay-scale was Rs.1150-25-1500. Under these circumstances, what is granted under the revised pay- scale is much more than what the petitioners are entitled to. Therefore, they are not entitled to the relief as claimed.
9. In pursuance thereof an additional statement of objections as well as a rejoinder to the statement of objections of the respondents are also filed, wherein Annexure - S is the gazette of the Fifth Pay Commission in CPRI, as well as pay-scales of other organizations to which the respondents have filed an additional statement of objections along with official memorandum marked as Annexure - 1.
10. I have considered the contentions as well as the material.
13
11. While considering the plea of the petitioners, this Court by the order dated 14.06.2011, dismissed the writ petition. Aggrieved by the same, the petitioners preferred Writ Appeal Nos.5799-5803/2011 and connected matters. The Hon'ble Division Bench by its order dated 28.06.2012 allowed the appeals and directed the Registry to place the matter before the Learned Single Judge, with a request to consider the plea of the parties on merits and in accordance with law. The appellants were permitted to file rejoinder before the Learned Single Judge. Thereafter, the rejoinder has been filed. I have considered the contentions as well as the material put forth.
12. The gazette notification dated 30.09.1997, would indicate the first schedule wherein the scales of pay relevant to the petitioners which are extracted hereunder:
14
Sl. Post/ Present Scale Revised Scale No. Grade 1 2 X X 5 S-5 950-20-1150-25-1400 3050-75-3950-80-4590 950-20-1150-25-1500 1150-25-1500 6 S-6 975-25-1150-30-1540 3200-85-4900 975-25-1150-30-1660 7 S-7 1200-30-1440-30-1800 4000-100-5000 1200-30-1560-40-2040 1320-30-1560-40-2040
13. The contention of the petitioners is that in terms of the revised pay-scale, they are entitled to the pay-scale of Rs.4000-100-6000. The respondents have denied the same and they have also placed reliance on the respondent's letter written by the respondents themselves to the Central Government Organizations, ISRO, Dooradarshan, DRDO, C-DOT and each one of the organizations have stated that the revised pay- scales of the similarly placed Technicians is in the 15 Grade of Rs.4,000 to Rs.6,000/-. Therefore, the counsel pleads that firstly there is improper application of the revised pay-scale. Secondly, inspite of the communication of the revised pay-scale from the sister organizations, the same is not implemented by the respondents, which would amount to violation of Article
- 14. Therefore, the same pay-scale should accordingly be followed.
14. On the other hand, the respondent's counsel would plead that what they were is entitled to was the revised pay-scale of Rs.3050-75-3950-80-4590, whereas what has been granted is the revised pay-scale of Rs.3,200-85-4900, which is more than what the petitioner are entitled.
15. Even if the contention of the respondents were accepted and even on holding that they are entitled for the pay-scale of Rs.3,050-75-3950-80-4590, what is 16 to be considered is the case of violation of Article - 14, of Constitution of India.
16. The reply in response to the letters written by the respondents themselves to the sister organizations are as follows:
i) Annexure - L, dated 07.01.1999, is the letter by Doordarshan Kendra, which reads as follows:
"With reference to you letter No.CPRI/Adm.11/12/1/86 dated 6th January 1999.
We are enclosing herewith the Recruitment Rules for Technicians and Librarians.
The pay scales are furnished below:
Technicians : Rs.4000-100-6000
Rs.4500-125-7000
Librarians : Rs.5000-150-8000"
ii) Annexure - M, dated 25.9.1997, is the letter by ISRO Head Quarters, Bangalore, wherein the scale of pay which was existing and revised is shown as follows:
------------------------------------------------------------------------------17
Designation of the Existing scale of pay Revised scale of Post pay
-------------------------------------------------------------------------------------------- Lab-Technician A Rs.1150-25-1500 Rs.4000-100- 6000 (S-7)
--------------------------------------------------------------------------------------------
iii) Annexure - N, dated 20.01.1999 is the reply by the Department Of Defence Research and Development, Ministry of Defence, which reads as follows:
"Sub: Revised Scales of Pay for Defence Research and Technical Cadre (DRTC) Posts Sir, I am directed to convey the sanction of the President, to the revised scales of pay for the Defence Research and Technical Cadre (DRTC) posts w.e.f 1.1.96 in terms of Ministry of Finance, Department of Expenditure UO.No.S-
44//Dir(P)/98 dt.29.6.98 and UO.No.2(4)/E- III/98 dated 7.1.99 as indicate below:-
Sl.No. Post Revised Scale of Pay
1. Technician A 3050-75-3950-80-4590
2. Technician B 4000-100-6000
3. Technician C 4500-125-7000
18
4. Technical Asst. 5000-150-8000
5. Technical Asst. A 5000-150-8000
6. Technical Asst. B 5500-175-9000
7. Technical Asst. C 5500-175-9000
8. Sr.Technical Asst.C 6500-200-10500
9. Sr.Technical Asst. 6500-200-10500
10. Technical Officer 7450-225-11500
11. Technical Officer A 7450-225-11500
12. Technical Officer B 8000-275-13500
13. Technical Officer C 10000-325-15200
New post-effective from date of issue of this letter This issues with the concurrence of Ministry of Defence (Integrated Finance/R&D) vide their ID.No.76/IF(R&D)/99, dtd:20.1.99."
Sd/-
(N C S Negi) Under Secretary to the Govt. of India
17. Therefore, it is sought to be pleaded that when the respondent is also a Central Government 19 Organization and when similarly placed Central Government Organization have adopted the revised pay- scales and have implemented the same in granting Rs.4,000/- to the similarly place employees, necessarily, the respondents require to adopt the same.
18. However, the learned counsel for the respondent firstly pleads that the respondent is a cooperative society registered under the Karnataka Cooperative Societies Act, 1960. He therefore pleads that the revised pay-scale is not applicable to him at all and that they are governed by the bye-laws, with particular reference to working Rule No.2.
19. So far as the claim made that the pay-scale of Rs.4,000-100-600 shoul be adopted, the respondents have contended that in the meeting held by the Governing Council on 04.06.2005, having considered the claims, have held that the various claims put forth 20 by the petitioners were inappropriate. To a specific question to the learned counsel for the respondent, the counsel places reliance on para nos.-3 and 4, of the additional objections filed by the respondents, dated 13.01.2003, which reads as follows:
"3. The respondent No.1 submit that the petitioners herein were employed as Technicians Cadre and they are Ancillary Technical Personnel connected with Research, Testing and Maintenance of Laboratory Equipment and other Ancillary Services.
4. The respondent No.1 submit that Central Power of Research Institute is the society registered under Karnataka Society Registration Act 1960 and it is governed by the Government Council, presided by the Secretary, Ministry of Power, Government of India, Memorandum of Association, Rules and Regulations, Bye Laws and Working Rules of the CPRI Society."21
20. It is therefore pleaded that the pay-scale is not applicable and that the authority to fix the pay-scale is only the Governing Council. Hence, the question of applicability of Article - 14 of the Constitution of India or otherwise does not arise. Therefore, it is bound by the bye-laws as constituted.
21. On considering the contentions, I'am of the considered view that the plea of the respondents that it is a society registered under the Karnataka Cooperative Societies Act, 1960 and therefore the revised pay-scale are not applicable is misconceived and liable to be rejected. The bye-laws of the respondents would show that the Central Power Research is an autonomous society, under the Government of India, registered under the Ministry of Power and Department of Commerce. It is consequently registered under the Karnataka Registration Act 1960, which is of no consequence to the applicability of the revised pay-scale 22 as enunciated by the Government of India. Therefore, the contention of the respondents, that it being a society registered under the Karnataka Cooperative Societies Act, 1960 and its pay-scale is determined by the Governing Council and not by the Government of India is not accepted. Hence, this contention stands rejected.
22. What is sought to be contended by the learned counsel for the petitioner is insofar as Technician, Grade - II is concerned, they are equivalent to other positions as answered under Annexures - L, M and N. The Technicians as stated in Annexure - L who are entitled to revised pay-scale in the second categories of Technicians of Door Darshan Kendra, were entitled to pay-scale of Rs.4000-100-6000 and Rs.4500-125-7000. As per Annexure - M of ISRO, Technicians - A, who are Technicians as the petitioners herein, were drawing the same pay-scale as the petitioners, are given the revised 23 pay-scale of Rs.4,000/-. Annexure - N is with reference to pay-scale of DRTC, with various grades of Technicians, the initial grade is Technician-A of Rs.3050-75-3950-80-4590, which goes on to 13th category with basic pay of Rs.10,000/-. The petitioners herein claims to be Grade - II, Technicians. Therefore, the corresponding Technician-B, would therefore be applicable.
23. Under these circumstances, I have no hesitation to hold that they are equal so far as Technician, Grade - II is concerned. The petitioners are in pari materia, with the Technicians of the other organizations as they too are to are governed by the Central Government. Under these circumstances, I'am of the considered view that the same grade of pay-scale would be applicable. The reasoning that they are entitled to Rs.3050-75-3950-80-4590, but have still been granted Rs.3,200-85-4900, is wholly unacceptable, 24 as the pay-scale should was followed earlier is inappropriate and the pay-scale would fall in line with the Technicians, Grade-II. Under these circumstances, I'am of the view that the appropriate relief be granted. Hence, I pass the following order:
ORDER
(i) The order dated 12.07.2005, vide Annexures
- R1 to R15 are quashed.
(ii) The respondents are directed to revise the pay-scale of Technicians Grade - II in the first respondent institution from Rs.3200-
85-4900 to Rs.4000-100-6000, with effect from 01.01.1996 and extend to the petitioners all the consequential benefits thereof.
(iii) In view of granting of the pay-scale of Rs.4000-100-6000, it is needless to mention that the subsequent benefits and scale of 25 pay subsequently applicable, shall necessarily be based on such a revised pay- scale.
Rule made absolute.
Sd/-
JUDGE JJ*