Kerala High Court
Union Of India vs Sathyabhama T on 15 May, 2012
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 9TH DAY OF JULY 2012/18TH ASHADHA 1934
OP (CAT).No. 2171 of 2012 (Z)
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OA.759/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER(S):
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1. UNION OF INDIA
REPRESENTED BY THE SECRETARY
DEPARTMENT OF SPACE ANTARIKSH BHAVAN NEW BEL ROAD
BANGALORE-560231.
2. VIKRAM SARABHAI SPACE CENTRE
REPRESENTED BY DIRECTOR, VSSC, ISRO (PO)
THIRUVANANTHAPURAM-695022.
BY ADV. SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNSE
RESPONDENT(S)/APPLICANT IN THE O.A.:
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SATHYABHAMA T
(RETD. PROJECT PERSONAL SECRETARY P.M.O. GSLV MK-III PROJECT
VSSC) RESIDING AT SAROJINI BHAVAN, KARIMANAL.P.O.
THIRUVANANTHAPURAM-695583.
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 09-07-2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No. 2171 of 2012
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1 A PHOTOSTAT COPY OF THE ORIGINAL APPLICATION NO. 759 OF 2010
FILED BY THE RESPONDENTS/APPLICANTS BEFORE THE HONOURABLE CENTRAL
ADMINISTATIVE TRIBUNAL ERNAKULAM BENCH.
EXT.P2 A PHOTOSTAT COPY OF THE REPLY STATEMENT FILED BY THE
DEPARTMENT FILED BY THE DEPARTMENT FILED BEFORE THE CENTRAL
ADMINSTRATIVE TRIBUNAL ERNAKULAM BENCH IN ORIGINAL APPLICATION NO. 759
OF 2010.
EXT.P3 A PHOTOSTAT COPY OF THE REPLY AFFIDAVIT FILED BY THE
RESPONDENT/APPLICANT IN ORIGINAL APPLICATION NO. 759 OF 2010 BEFORE
THE HONOURABLE C.A.T. ERNAKULAM.
EXT.P4 A PHOTOSTAT COPY OF THE ORDER DATED 15-5-2012 IN ORIGINAL
APPLICATION NO. 759 OF 2010 BEFORE THE HONOURABLE C.A.T. ERNAKULAM.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
PS TO JUDGE
MANJULA CHELLUR, Ag.C.J
&
A.M.SHAFFIQUE, J.
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O.P(CAT).No.2171 of 2012
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Dated this the 9th day of July, 2012
JUDGMENT
Manjula Chellur, Ag.C.J. Heard learned Senior Counsel representing the petitioners.
2. The petitioners have approached this Court challenging the order of Central Administrative Tribunal in O.A.No.759 of 2010 allowing the application directing the petitioners to consider the respondent's case for Grade Pay of Rs.5400/- in PB-3 with effect from 6.5.2010 with all consequential benefits and other reliefs. The interpretation seems to be with regard to Office Memorandum dated 24/26.12.2009, which reads as under:
"No.E.29011/1/2008-V Antarikah Bhavan, Government of India New BEL Road, Department of Space Bangalore-560 231.
December 24/26, 2009.
OFFICE MEMORANDUM Subject:- Revision of Pay Scales to the employees of DOS/ISRO - Assignment of Grade Pay of Rs.5400/- in PB-3 in respect of certain cate-
gories of employees - reg.
**** The undersigned is directed to refer to DOS OM of even number dated (1) September 12, 2008; (ii) OP(CAT).2171/12 2 September 28, 2008; and (iii) December 18, 2008 on the subject mentioned above. It was mentioned in the O.M (i) and (ii) referred to above that the assignment of Grade Pay of Rs.5400/- in PB-3 to other categories of employees than Senior Personal Secretary in PR scale of Rs.7500-12000 would be examined and order issued separately.
2 The issue regarding assignment of Grade Pay of Rs.5400/-
has since been examined in detail in the Department. Taking all aspects into account, it has now been decided to assign the Grade Pay of Rs.5400/- in PB-3 to the following categories of employees, who were assigned with the Grade Pay of Rs.4800/-, on completion of four years from the date of assigning the Grade Pay of Rs.4800/- i.e., 01.01.2006:-
1. Personal Secretary
2. Project Personal Secretary
3. Sr.Project Assistant
4. Asst. Catering Mnager
5. Asst. Security Officer Accordingly, they shall be eligible for placement in PB-3 (Rs.15600-39100) with a Grade Pay of Rs.5400/- on or after 1st January, 2010. However, there shall be no fixation benefits while placing them in PB-3 with a Grade Pay of Rs.5400/-. The procedure for granting the Grade Pay of Rs.5400/- to the eligible employees will be subject to vigilance clearance and approval of the Competent Authority.
3. Centres/Units are requested to take necessary action in the matter.
4. This issues with the approval of Secretary, DOS,.
5. Hindi version is enclosed.
Sd/-
(A.K.Somasekharan) Deputy Secretary To The Director, VSSC/SDSC-SHAR/ISAC/ SAC/LPSC/ NRSC/ MCR/ISTRAC/ ADRIN/IISU/DECU/LEOS ....." OP(CAT).2171/12 3
3. Central Administrative Tribunal interpreted the language in the Office Memorandum as "from the date of assigning the Grade Pay" and not "from the actual date of promotion". Admittedly, reading of the Office Memorandum indicates, as a condition precedent to secure the benefits of Grade Pay of Rs.5400/- in PB-3, certain categories of persons, including the Project Personal Secretary, to which the respondent-applicant belongs to, would get such Grade Pay, provided they are already assigned with Grade Pay of Rs.4800/-. But, there is one more condition, which had to be satisfied; four years have to be completed from the date of assigning the Grade Pay of Rs.4800/- with effect from 1.1.2006.
4. In the present case, reading of the Office Memorandum, nowhere gives us atleast a clue that the Office Memorandum made actual promotion to the post having a Grade Pay of Rs.4800/-.
5. Therefore, we are of the opinion, Central Administrative Tribunal was justified in saying, the Office Memorandum only refers to the date of assigning the Grade Pay of Rs.4800/- on condition of completing four years from 1.1.2006 and not from OP(CAT).2171/12 4 the actual date of promotion to the said post. We do not find any good ground to interfere with the order of the Tribunal.
Accordingly, the Original Petition is dismissed.
MANJULA CHELLUR, ACTING CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE vgs09.07