Central Administrative Tribunal - Madras
Shanmugam vs Ut Of Pondicherry on 18 July, 2024
&
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH, CHENNAI
QA.310/01534/2014
DATED '4 DAY, THE %" DAY OF JULY, TWO THOUSAND AND TWENTY FOUR
CORAM :
HON'BLE SHRI. VARUN SINDHU KUL KAUMUDI, MEMBER (A)
HON'BLE SHRI. M. SWAMINATHAN, MEMBER (J)
l. Shanmugam. N. (Rtd)
S/o. Narayanasamy,
9, South Street, Kuruvinathanm, Bahoor S.0.,
Puducherry 607 402;
2. Rajaraman. A (Retd)
S/o, Athinarayanan,
6,6" Cross, Pon Nagar, Reddiyarpalayam,
Puducherry-5
3. Jayaraj G
S/o. Gopalaswamy,
2, F. Lane, V V.P. Nagar,
Thattanchavady,
Puducherry-605009
4, Jayaraman. R. (Retd.)
S/o. Rajagopal,
S9, 6" Cross, Barathi Nagar,
Karvuvadikuppam,
Puducherry-605008
5. Vasudevan M,
S/o. Munusamy C
C-17, LIG, sudhanthira Pinvizha Nagar,
Puducherry;
6. Vathsala. N
W/o. Venkata Raman, P.K,
5, AIBEA Nagar,
Koothapakkam,
Cuddalore-2.
+
7. Desingu.M
S/o.Mannathan
12, 1° Cross, Bakiam Nagar,
8.
1
Nainarmandapam,
Puducherry 605-004.
Dhananjeyan .C ( Rtd.)
S/o.Chinnathambi
41, Vallalar Street,
Ayyappan Nagar, Saram,
Puducherry-605 015.
. Dayalan.K ( Rtd.)
S/o.Kuppusamy
24, X Cross,
Dr. Radhalcrishnan Nagar,
Moolakulam,
Puducherry - 605 010.
0, Sridharan, R.( Rtd)
S/o.Rajam lyer .V
155/156,Anna st,
Sudhana Nagar Extn-3,
Nainar Mandapan,
Puducherry-4.
1. Gajalakshmi. P.V.
Wo. Jayaraj.G
No.2, F Lane, V.V.P.Nagar,
Thattanchavady,
Puducherry-605 009.
12, Ramaligam. O. U.
S/o.Outhoucattane
22, Kamarajar Street,
Subash Nagar, Periya kalapet,
Puducherry 605014, .
13. Sankari . §
W/o.Jayaraman.R
9, Bharathi Nagar,
Karuvadikuppam,
Lawspet, Puducherry - 605008.
14, Alphonsine Hilaire (Rta)
W/o. Herriot
18, Veterinary Hospital Road,
Karuvadikuppam,
Puducherry-605 008,
fe
15. Anttoni Samy Jesuraj
S/o. Visuvasam
72,73, Ramayee Thottam,
Soma Nagar, Ariyankuppam,
Puducherry-605 007
16. Azhagarasi
D/o.Govindasamy
Plot. No, 1 Jhon Paul Nagar ,
O .K .Palayam, Puducherry 60500 4
17, Bakiyam.V
W/o.Pandiyan.S
15, II Cross, Dr.R.K.Nagar,
Moolakulam, Puducherry - 605010.
18. Banumadhy.D ( Red.)
W/o.Ramachandhiran.B
2, Lake Road,
Velrampet, Puducherry-4.
19. Bathmanabane. K(Rtd,}
S/o.Kannayan.M
10, 6" Cross,
Kamban Nagar, Puducherry-10.
20 Castourbaye
W/o Srinivasan ,
A4,Vaishali Avenue ,
i] cross ,Balaji Nagar,
Oulgaret , Puducherry -605010
21. -Chellammal. A (Rtd)
Wio. Chandra Bose,C
10, Anjaneyar Koil Street,
Mathikrishnapuram,
Manapet PO,
Bhour, Puducherry 607-402
22. Dhanalekshmi,
D/o Swaminathan,
106/A , I cross,Amirtha Illam ,
Kothari Nagar, cezha Kasa kudi ,
Karaikal. 609609
23. Girija.V
W/o.Murugaiyan. P
17, Mariamman Koil,
St.Manapet, Bahoor,
Puducherry - 607 402.
24, Gnanamani. I
26.
28,
29.
31,
32.
33.
S/o Idumban,
22, angalamman Koil Street,
Panaiyadikuppam, Veeranam.P.O,
Nettappakkam via,Puducherry-605 106
Gopal.V ,
s/o Velayudham,
3., Ureuvalyar Main Road,
Selva Nagar, Uruvatyar,
Mangalam. P.O.,
Puducherry-605110
Gowri.$ (Rtd.)
W/o.Parthiban.E
23, 6" Cross, Gnanapragasam Nagar,
Lawspet, Puducherry-605 008.
Tlango. V,
S/o Vadivelan,
18, Vasantham Nagar,
Villianur & P.O.Puducherry.- 605110
Kaliarourthy. §
S/o Sandhirakesan,
16,V Cross,
Thillai Nagar,
Vilianur & P.O. Puducherry 605110
Kalvikkarasi. I
D/o Latchumanan,
44, Rajaji Street, Sudhana Nagar,
NainarMandapam,Puducherry 605004
Kamala.
W/o,.Kalyanasundram.P.N,
72,73, Ramayee Thottam,
Sorna Nagar, Ariyankuppam,
Puducherry - 605 00
Loissal.M
D/o.Manuvel
60, 1" Cross, Kasthuribai Nagar,
Nellithope, Puducherry-5.
Mady.P
W/o.Sriramulu.R
G, Il Cross Street,
Sankarasdass Swamigal Nagar,
Lawspet, Puducherry - 605 008.
Malliga.K
D/o.Krishnan.ik
16, 1" Cross, Ganabathy Nagar,
if
34,
35.
36.
38.
39,
40.
41,
42,
43,
Navarkulam, Lawspet,
Puducherry-&..
Malliga.S (td)
W/o. Indirajittou.R
1, 13"\Cross Street,
Avvai Nagar, Lawspet,
Puducherry-8.
Mary Bernadeth .G.
W/o Lawrence Jayaseelan ,
Kanivagam, 3 , 4" cross
Kumaran Nagar, Lawspet,
Puducherry 605008
Mathavi.K
Wy/o.Kumar.V
365, Tholkappiar Street,
Ashok nagar, Puducherry-8.
Nagarajan. V(Rtd)
S/o. Vaithilingams,
Ourakulam Street, Kirumampakkam
Puducherry
Nagalakshmi . R.
W/o Ramachandiran, K
Plot 26. Padmini Nagar,
Villianur & P.O., Puducherry 605110
Nagarathinam. R
S/o.Ramasamy
3, Jayaram Garden,
11" Cross Extn.,
Karuvadikuppam,Puducherry-8.
Paramasivam .L{Rtd,)
S/o.Loganathan
78, 5 D Lane,
VVP Nagar Thattanchavadi
Puducherry 605009
Poorani.N (Rtd.)
D/o.Narayanasamy
20,Kumalam Road,
P.S.Palayam, Puducherrry-605107.
Radhakrishnan. V
S/o.Venkatavaradhan,
7,1 Floor, Ti Cross,
Elango Nagar, Puducherry-11.
Raguraman.K
44.
45.
46.
47,
48.
49,
50.
51.
52.
S/o.Kunjithapadham
F-1, First Floor, 2, Lawspet Main Road,
Pudupet -- 605008
Ranganathan D,
S/o Dhanapal,
21, Valluvar Street,
Embalam & P.O.
Puducherry-605 106
Raja jayalaxhmi . B
W/o. Balasubramanian.K
24, [Ind Cross,
Pothigai Nagar,
Lawspet, Puducherry-605 008.
Rathnamala .G.
W/o .Govindarajalu
87,Main Road,
Thirumudi Sedhuraman Nagar,
Puducherry- 605011
Ravi. G
S/o Govind,
32.,Amman Koil St,
Orleanpet, Puducherry -- 605005,
Ravi.R.
S/o Ramasamy,
6], I street,
Mariyal Nagar,
Reddiar palayam,
Puducherry 605010
Rema jayalakshmi . D
W/o.Sivarajan.P
4,4" Cross, Kumaran Nagar Lawspet,
Puducherry- 605008.
Sace. D
S/o.Devaraju
28, East Kovil Street,
Chinnakalapet,Puducherry-14.
Sandacunavady.D
W/o. Thirumal.M
14, Ramalingam Street,
Vinoba Nagar,
Pakkamudayanpet, Puducherry-9.
Sankar.P.M.
S/o.Madhavan.P.S.
*
34,
16, VII Cross, Tagore Nagar,
Puducherry-8.
Santha . A.
Wio Ganesan,
5, 9 th cross ,
Dr. R.K. Nagar,
Moolakulam, Puducherry -- 605010
Santhi. T.M
Dé/o T. Muthukrishnan,
11, Kurinji Nagar,Nettappakkam,
Puducherry 605106
35.
56.
57.
58.
59.
60.
61.
Saroja Devi.K
W/o.Rajendiran.P,S,
4, I] Cross, Pasumpon Nagar,
Moolakulam, Puducherry-10.
Sarojini.R
D/o.Renagasami.A
2/82, Pondy Main Road,
T.C.Koot Road,
Vanur-605111.
SedaK
W/o.Seetharaman.S.R.
8, MainRoad, Thuya Thambi Garden,
Reddiyarpalayam,
Puducherry-10
Sekar. S.
S/o Singaravelu.V.
21, Sundara Tllam,
ji cross , Usha Street,
Ariyur. & P.O, Puduchery ~605102
Selvaraj.R (Rt.d)
S/o.Rathinasamy
Kuminalam,
Pallinelianur, Villupuram.
Sagaya Marie, D
D/o. Divianadin
15-A, Othaivadi Street,
Nellithope, Puducherry-5.
Sidambaram.C ( Rtd. }
S/o.Coumarasamy
131, Villianur Road,
T.V.Nagar, Embalam Post.
Puducherry
63.
Soundaravalli.S
W/o.Gurumani.L
63, Sundaram Mesthri Street,
Kosapalayam, Puducherry-13.
Canagammalle.M
Wo Vijayarangam,
34,1] cross,
Kamban Street, Subbaiah Nagar,
Puducherry-605001.
64. Tanaradjou.T
65.
66.
67.
68,
69.
70.
71.
72.
S/o. ThirumeniJ
69, LIG, Housing Board,
Kurumbapet, Puducherry-9.
Thangavel. D,
S/o Dhamodaran .A.
3, I Cross
Parasuramapuram
Villianur, Puducherry-605110
Thilakam. K
D/o.Kaliyamurthy.A
20, Pary Street,Kavundanpalayam,
Puducherry-9.
Thulasingam.R(Rtd)
§/O.Ramakrishnan
19, Cinema Theatre Street,
Sanjeevi Nagar, Puducherry-605111.
Velayoudame.M(Rtd)
S/o.Mouttou Velou Modely
52, Main Road, Lawspet,
Bharathi Nagar,Puducherry- 605 008
Venkalakshmi.V.R.
Wio. Venkatasubramanian. V
266, Housing Board Colony,
Kurumbapet, Puducherry - 605009
Vijayal.M
Wio.Gandhi.S
73,Bharathipuram,
Govindasalai, Puducherry-60501 1.
Vijayan.J
Rajeswari.V
4A,Thirumoolar Nagar,
Dr.Ambedkar Salai, Puducherry
Manickanunalle.R
74,
73.
76.
77,
78.
79,
80.
81.
W/o. Krishnamoorthy.
20, VIII Cross, Kurunji Nagar,
Lawspet,Puducherry-605 008
Mathavy.C
W/o Jayashankar.C
435, M.G.Road,
Puducherry-605 001
Christina Imaculate.T
W/o.Theoder Lourdes
55, Third Street, Kumaran Nagar,
Lawspet, Puducherry-8.
Vasantha.B
W/o.Krishnan.T.S
10, 1*, Block, Kavi kuil Street,
Ashok Nagar, Lawspet,
Puducherry-8
Sundaramurthi.R(Rtd)
S/o.Palamalainathan.A.R
2, Mariamman Koil Street,
Madagadipet (BPO),
Pallinelianur 605 107
Albertine.M
W/o.Alexander.M
6, Thirugnanasambandar Street,
Visvanathan Nagar,
Muthialpat, Puducherry-3
Sulochana.R(Rtd)
W/o.Velayutham.D
13, Pillayar Koil Street,
Madagadipet, Puducherry
Swaminathan.K
S/o. Kulandaivelu,
Valampuriagam,
3,Pappammal Koil Street,
Ganesh Nagar, Muthialpet, Puducherry-3.
Abirami. V.S.
W/o.R.Kothandaraman
No.8, Third Cross,
Vivekananda Nagar, Puducherry - 605 005 ,
Andal. K
W/io.Neelakandan .A
4, Ist cross , Rathna Nagar,
83.
34.
85.
86
10
Puucherry.605109
Arumugam.N
S/o.Nadesan.M
20,Desamuthu Mariamman Koil st,
Embalam, Puducherry-605 106
Balasundaram.S
S/o.Sambasivam
46, First Main Road ,
Velmurugan Nagar,
Kosapalayam , Puducherry
Chitra, N
W/o. Venkataraman . R
11, Main Road,
Manakula Vinayagar Nagar
Puducherry - 600005
Danassou.K
S/o.Kasinathan.§
20,Pary Street,
Kavundanpalayam, Puducherry - 605009,
Danalatchoumy,
W/o Kodandaraman
87,
88,
89.
90.
91,
2, Dayananda Street ,
Indira Nagar, Mudaliarpet,
Puducherry. 605004,
Devaraju.A
S/o.Arumugam.T
503, Cuddalore Road,
Murungapakkam,Puducherry-605 004
Devarani.K
W/o.Krishnan.D
378,Bharathi Street,
Puducherry-605 001
Dinakaran,K( Red)
S/o.Kannan.M
1353/2, Bharathi 8t.,
Naraiyur, Valavanur-605108,
Guiridja.P
W/o. Vittala Radjou
11,2™ Cross Street,
Vivekananda Nagar,
Puducherry-605005
Gunaseelan.K,
S/o.Kuppusamy.R
92,
94,
95,
96.
97,
38.
99,
100,
101.
53, Church Street ,
Ariankuppam, Puduclierry 605007.
Harikrishnan.R (R-i.d)
S/o.Ramasamy,
20,Kumalam Road,
P.S.Palayam, Puducherry-605 107.
Janakiraman.P
S/o.Padmanaban.$
18, 2" Main road, Navasakthi Nagar,
Puducherry ~ 605009.
Jayabalan .V( Rtd)
S/o. Veerappan.R
22, Kannappa Counder St,
Manavely, Ariankuppam
Puducherry 605007.
Krishnaraj .5 ( Rtd)
S/o.Sadasivam.N
19, IX cross Dr. RK Nagar,
Moolakulam, Puducherry
Kumarasamy.s
S/o.Sellappan
Nathamedu (Embalam),
Sellancherry-Post,
Nettapakkam via 605 106.
Kumaresan.S( Rtd)
S/o.Shanmugam
55,Kamaraj St. Dr. RK Nagar ,
Ariankuppam, Puducherry- 605007,
Kuppusamy. B
S/o.Balakrishnan. J
728, Bharathiar Salai,
Ashok Nagar, Lawspet,
Puducherry- 605008.
Madanamala @Pouchepagarny( Rtd)
W/o. Vasudevane.G
58,A-Sundara Maistry Street,
Kosapalayam, Puducherry-605013.
Madivanan.S( Rtd)
S/o.Srinivasan
119, Main Road,
Arumparthapuram,
Vilianur (VIA},Puducherry
Manickavelu.K
102,
103.
S/o.Kuppusamy
13, Kulakarai st.,
Calve Bungalaw,
Puducherry 605011,
Manimegalai @Soudaguirthy( Rtd.)
W/o.Ramalingam.P
20, Kannaiyan St.,
Kosapalayam ,
Puducherry 13.
Metilda.J
W/o.Antoniesamy
16-B,Subramaniar Street,
Thiilai Nagar,
Villianur, Puducherry
104.
106.
107.
108.
109.
110.
Mounissamy.J( Rtd)
S/o.Jeganathan.V
9,19th Cross St.,Avvai Nagar,
Lawspet, Puducherry 605008
. Murugesan.K (Rt.d)
5/o.Kuppusamy
40,8th Cross,R.K.Nagar,
Moolakulam,Puducherry - 605010.
Nandagopalou( Rtd)
S/o.Sundaram
8, Kamarajar Street,
Vasanth Nagar, Villiyanur,
Puducherry-605110.
Narayanan.J
S/oJayaraman.G
55-A, old /58, New Ramanujam Nagar,
Thirupapuliyur, Cuddalore 607001
Perumal.R( Rtd)
S/o.Ramanathan.D
4,Gandchi Street,
Ariyur, Puducherry - 605102.
Ponnusamy. V
S/o. Vengatesan.S
34, Thamarai Kula Naththam
Bahoor,Puducherry-607 402.
Purushothaman .-
S/o.Kumaravel.A
5, Kulakkarai
St. Calve Bungalaw,
11.
112.
113.
Puducherry 605011.
Pushpa .M
W/o.Sekar.R
72,Ayyanar Koil st RK Nagar ,
Ariankuppam,
Puducherry - 605 007.
Radhakrishnan K.C.{ Rtd)
S/o.Chinnasamy,
No.71 D,Lane,
V.V.P.Nagar Thattanchavady,
Puducherry - 605 009.
Radhakrishnan.A
S/o.Arumugam.V¥
7, East Street , Kalmandapam ,
Mandagapet Post,
. Nettapakkam
114,
115.
116.
Puducherry 605106.
Muthulakshmi.B
W/o.Balaraman.R
109, Main Road, Mittamandagapet,
Nettapakkam (via), Puducherry- 605106
Rajaraman.R(Rtd)
S/o.Ramasamy
V7, Thiroubayhi Amman Koil Street,
Pajlineliyanur,
Palayam (P.O), Villupuram (P.O)
Radhakrishnan..A ( Rtd)
S/o.Appasamy,
90, 3 Main Road,
Chellam Pappu Nagar,
Reddiarpalayam, Puducherry 10.
117. Rajakumari.S
118
119,
W/o.Kumaresan.S
13, Manavely Road,
Near Lakshmi School
Ariankuppam , Puducherry 605007
. Rajendiran .A
S/o. Abdul Rahiman
33, Dr MGR Nagar
South Extn Oulgaret, Puducherry 605010.
Saraswathi.S
D/o.Sethuraman.R
4, indiragandhi Street,
Senthamaral Nagar,
Muthialpet, Puducherry-605003.
120. Amalor.D
S/o.Divinadhan
2,Madha Koil Street, dhiyampet,
Villiyanur,Puducherry- 605 110.
121. Tamilarasi.M
W/o.Kalyanasundaram .N
29, Vanathi Nagar JKoothapakkam,
Cuddalore-2,
122, Thangam.T
W/o.Swaminathan. V
20 A,Thalavai Veerasamy Street,
Muthialpet,
Puducherry-605 003.
123. Santha.C (Rtd)
W/o.Sai Vaithianathan.C
4,Manoranjitham Street,
Solai Nagar, Muthialpet,
Puducherry-605003
124. Muralidhararn.A
S/O.Arigovindan,
3, VI Cross,Mariyal Nagar,
Reddiyar Palayam,
Puducherry-10.
125. Sreebalan.T
S/o.Thangavelu,
26,St.Mary Street, Nehruville Nagar,
Lawspet,
Puducherry-8.
126. Anandanambiar(Rtd)
S/o.Sarangapani.K.
4, 20" Cross, Krishna Nagar,
Lawspet, Puducherry-605008
127. Bhuvaneswari.R(Rtd)
W/o. Vaideeswaran.S
12, Thiruvalluvar Salai,
Kamaraj Nagar,
Puducherry-605011
128 Chandra.sS
W/o.Sarpasayanam.P
4,1 Cross, Anbarasi Illam,
Parasuramapuram,
Villiyanur, Puducherry,
129.
130,
131.
132.
133.
134.
135.
136.
137.
138.
139.
Geetha .$
W/o. Balan. R
8, 6" Cross, Balaji Nagar,
Saram, Puducherry - 605 013
Girija .$
W/o.Shanmugam.P
89, Bharathidasan Street,
Muthialpet, Puducherry-605003
Jalaja Bai. B (Rtd)
W/o. Ramameoorthi.G
10, 12" Cross, Avvai Nagar,
Lawspet, Puducherry-605008..
Jeyalakshmi. A
W/o. Venkatesan. D
7, It Cross, West 5.M.V.Puram,
Villianur, Puducherry-605010
Jothi Baye, C
D/o.Covindasamy
25,Mission Street,
Puducherry-605001
Jothy.S.G.
D/o.Govindasamy.S
6, IV Cross, Sithankudi,
Puducherry-605013
Kaliaperumal.P.N.(Rtd)
S/o.Narayanasamy
12, 1° Cross st.
Teachers Colony,
Puducherry-605010.
Kichenamourthy.N(Rtd)
S/o.Narayanasamy
39 A, Main Road ,
Kanniakoil , Bahoor SO
Puducherry 607402
Leema Rose.D (Rtd)
W/o.Saint Ezekiel
47,Convent Road,
Nellithope,
Puducherry-605005.
Murugan.C (Rtd)
202, Thirukkural Veethi,
Sudhana Nagar, ExtnII,
Murungapakkam,
Puducherry 605004
Padmanaban.C (Rtd)
$/O.Chinnasanly
15, Vallalar Nagar,
Koothapakkam,
Cuddalore - 607002
140. Padmavathy.P (Rtd)
W/o.Dhachanamoorthy.T
20, Main Road,Sulliankuppam,
Manapet(P.c) Bahour SO, 607402 ,
141, Pakkirisamy.G
§/o,Gopal
3, Mariamman Koil Street,Sorapet &P.O,
Thirukanur(via), Puducherry.
142. Ramalingam. K. (Rtd.)
S/O Kesavan .M.,
10, Natttar Street ( Main ) ,
Murungappakkam, Puducherry-605004
_ 143. Rajangam . A ( Rtd)
S/O. Alagesan.V
64, Main Road, Koravelimedu,
Manapet( P.O), Bahour (8.0) ,Puducherry, 607402 .
144. Saraswathy. D
D/o.Dhanapal
3, V.V.Nagar,
Kudiyeruppupalayam,
Seliamedu,Puducherry - 607402
145. Sarodja.C
D/o.Canagarodjou.P
78, Salai Street,
Muthialpet, Puducherry - 605003
146. Soundara Nayaki.S(Rtd)
W/o.Douraradja
79 B, Opposite Old Police Station,
Kirumampakkam ,
Bahour( S.O),Puducherry- 607402 ,
147. Sumathibai. B ( Rtd. }
W/o Thamizharasu,
734/51 Bharathiar Street,
Ashok Nagar,Lawspet,
Puducherry -605008
148, Sundaramurthy .N (Rtd)
§/O.Natesan
18, Koodapakkam Road
Krishna Nagar , Villianur
Puducherry 605110
149,
150.
J5t.
152.
153.
154.
156.
158,
Tamilarasi.G
W/o.Selvam
53, 1 Cross, Rainbow Nagar,
Puducherry
Yogalakshmi.S
D/O Seetharaman.G
6, Annamalai Nagar, 45 feet rd,
Vallar salai, Saram, Pondicherry -- 13.
Achuthan. M
$/O.Manavalan.1
30, Thiruvalluvar st,
Divan Kandappa Nagar,
Nainnar Mandapam, Puducherry -4
Dhayalan.V
S/o. Vengadapathy
8, 2™ Cross st, Gandhiji Nagar,
Arriyankuppam, Puducherry-7.
Gandhi.
S/o.Shanmugam.A
73, Bharathipuram,
Govindasalai, Puducherry-605011.
Tlangovane S
S/o.Samicannou.M
31, 4" Cross, First Main Read ,
Kaveri Nagar, ;
Reddiarpalayam
Puducherry - 605010.
Moganadasse
§/o. Vinayagamourty
No.8, Ramakrishna Nagar,
Muthialpet, Puducherry-605 003
Sampath Saminadane.C
S/o.Chanemougameé
8, Vivekanandas Street,
Murugasamy Nagar,
Vanarapet, Puducherry-605001.
Selvalakshmi.A.
W/o.Mariappan.P
38, 1° Floor, g" Cross,
Dr .R.K. Nagar,
Moolakulam ,Puducherry- 605010.
Shanthi.M
D/o.Murugaiyan .S
C & A Sowbagya Aprt 34,
Vallalar Salai,Puducherry ~ 605011.
159.
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167.
168.
Sundaramurthy. V(Rtd)
S/o. Veeerappan.A( Rtd)
70, Lyyanar Koil St,
Sivalingapuram, Ariankuppam,
Puducherry 605007,
Rajasingam.N( Rtd)
S/o.Natarajan.T
2, Nadu Street, Pudupet,
Lawspet P.O. Puducherry-605 008.
Kannan.C ( Rtd)
S/o.Chinnadural.
20, 4" Cross Street,
Kurunji Nagar, Lawspet,
Puducherry-605 008.
Arikesavan.G( Rtd)
S/o.Govindasamy
49, Droupathi Amman Koil Street,
Ariyankuppam, Puducherry-605 007.
Arumugam.M( Rtd)
S/o.Marimuthu.R
64, (120), Anna Salai,
Puducherry-605 001
Sivarajan.P ( Rtd)
§/o.Ponnuduraisamy
4, [Vth Cross,
Kumaran Nagar, Lawspet,
Puducherry-605 008
Vasantha.V (Rtd. )
W/o, Krishnasamy.J.K
4, VIII Cross,Kurunji Nagar,
Lawspet,Puducherry-8
Kodandaraman .8.
S/o Subramanian,
2,Dayanand Street,
Indra nagar, Mudaliarpet,
Puducherry 605004
Rajaram Boopathi (Rtd. )
S/o. Vadivel Boopathi
40,Sundararaj Street,
Mudaliarpet,Puducherry-605004
Julia .G
W/o Gnanasamy
519, Mettuppalayam,
Alappakkam Post ,
Cuddalore. 608801
169.
170.
171,
Dhandapany.N
S/o Natesan
4,Arichandra Street,
Kottaimedu, Villianur,
Puducherry
Anandanarayasamy
S/o Rangasamy
10,First Cross,
Kamaraj Street,Murungapakkam,
Puducherry-605004,
Antoine.A
19, II Crass,
Teacher's Colony,
Moolakulam,Puducherry- 605010.
172. Anban.M
173,
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175.
176.
177.
Madukarai Main Road,
Manickam Nagar,
Embalam (P.O), Puducherry-605106.
John Raj.S
1,Fifteenth Cross,
Avvai Nagar,
Lawspet,Puducherry-605008.
Amalore Marie.R
42, II Cross,
Kasthuribai Nagar,
Nellithope,Puducherry-605005.
Dharmambal.A
Plot No.8 II Cross Street,
Ezhi Nagar South,
Muthialpet (P.O), Puducherry-605003.
Savariammal.H
19, II Cross,
Teacher's Colony,
Moolakulam,Puducherry-605010.
Arputhamary.P
D/o. Paul.sandanasamy,
3,V Cross,Pappammal Koil Street,
Vaithikuppam,Puducherry-605012.
178. Panneerselvam.S
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82, Kamarajar Road,
'Govindammal Nagar,
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20
Krishnamoorthy.G
S/o.Govindasamy,
2,School Street,
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Umarani.k
W/o. A.N,Mani,
27,1] Cross,Rajiv Gandhi Nagar,
Saram,Puducherry-605013.
Jayamary.G
D/o. Gopal,
86, Savarayalu Street,
Puducherry- 605001.
Prema @ Sandacoumary
D/o. Cattavarayan,
10,Ii Crass,
R.K.Nagar, Moolakulam,
Puducherry- 605010.
Malaralagan
§/o. Sundaram,
10, II Cross,
R.K.Nagar, Moolakulam,
Puducherry-605010,
Rajeswari
W/o. Ramalingam.s,
9, Il Main Road,
Baradhidasasan Nagar,
Mudaliyarpet,
Puducherry-605004.
Jayabalan.S
S/o. Singaram,
40, Mettu Street, Soriyankuppam,
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Murugaiyan.V
S/o. Veerasamy,
11, Kurunji Street,
Bharathi Nagar,Ariyankuppam,
Puducherry-605007.
Venkittu.K
Krishnaraj Naidu,
2, Bharathipurain,
Govindasalai,Puducherry-60501 |
Parvady.P
Wo. K.P. Thirugnanasambandam,
189,
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8, Manikka mudaliarthottam,
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S/o. Sinnaradjou,
42, Ill Cross, Kumaran Nagar,
Lawspet,Puducherry-605008.
Ramanathan. V
S/o. Varadarasu,
12, Kaveri Street,
Vallalar Nagar,Nainarmandapam,
Puducherry- 605004,
Parthasaradhy. S$
S/o Somasundaram,
16, Kannara Street,
Nellithope ,Puducherry 605005
Venkatesan.A
S/o, Adhimoolam,
32,Mariamman Koil Street,
Manakuppam,
Nallathur & P,O.Nettapakkam ( Via) 605106.
Kaliyamoorthy.G
S/o, Govindasamy,
197, Main Road,
Manavely (N ),
Naillathur & P.O.
Nettapakkam ( Via ) 605106.
Venkatachalam.S
S/o. Suburathinam,
18, North Street,
Kambalikarankuppam,
Cheliancheri &P.O. 605106.
Ilango Tamodarane.N
S/o. Narayanassamy,
70, Thamaraikulam Street,
Thavalakuppam,
Puducherry-605007.
Valliammal.N
W/o. Ilango Tamodarane,
68, Thamaraikulam Street,
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197.
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199.
200.
201.
22
Gnanammalle. 5,
W/o. Sethuraman,
37, Veerampattinam Street,
Ariyankuppam, Puducherry-606 007;
Rajgopal P.K.,
S/o. Krishnan,
18, Sabana Street,
Dhatchinamoorthy Nagar,
Kadirkammam, Puducherry-605 009;
Kannaiah. B,
S/o. Balakrishnan,
61, R.K. Nagar, IV Cross Sireet,
Teacher's Colony, Puducherry,
Sarpasayanam. P
S/o. Padvadal
4,] Cross, Parasuramapuram,
Villianur, Puducherry,
Kanagaran. T,
S/o. Tabasuyam Pragtasam
2, Sowdambigai Amman Koil Street,
Thirumgal Nagar, Velrampet,
Mudaliarpet Post, Puducherry-605 004.
(Advocate: M/s. C. Vigneswaran)
Vs.
Union of India
Rep. By its Secretary to Government,
Chief Secretariat (Education)
Government of Puducherry,
Puducherry.
... Applicants
23
The Director of School Education,
Puducherry;
The Director of Accounts and Treasury (DAT),
Government of Puducherry,
Puducherry;
The Director (UT),
Ministry of Human Resources Development,
Department of School Educational and Literacy,
'B' Wing, Shastri Bhavan, New Delhi -- 110001
(Advocate: Mr. R. Syed Mustafa)
.+ ++... Respondents
24
ORDER
(Hon'ble Shri M. Swaminathan, Member(J) Through this Original Application, the applicants are seeking the following relief:-
"It is prayed that this Hon'ble Tribunal may be pleased to direct the respondents to grant two pay scale upgradationd under the ACP scheme, to the applicants as per "The Assured Career Progression Scheme for Central Government Civilian Employees, 1999" as notified in O.M. dated 9.8.1999 issued by the Government of India, Ministry of Personnel Public Grievances and Pensions (Department of Personnel and Training) read with G.O(Ms.) No.77, dated 3.9.2007 issued by the Government of Ponducherry, and also the third upgradation of pay scale under the MACP scheme, with all arrears of pay and consequential benefits and pass such other orders as are necessary to meet the ends of justice."
2. The brief facts of the case, in a nut shell, are as follows:-
i) The applicants state that have been employed as Teachers in government schools across the Union Territory of Puducherry. They entered service as Primary School Teachers, Fine Arts Teachers, Trained Graduate Teachers and Technical Teachers. Almost all of them have rendered 25 to 40 years of service and a few of them have even retired. Their grievance in the present application is that the respondents have deprived them of the benefit of the "Assured Career Progression Scheme for the Central Government Civilian 25 Employees, 1999". The Fifth Central Pay Commission in its Report had made certain recommendations relating to the Assured Career Progression (ACP) Scheme for the Central Government civilian employees in all Ministries/Departments. The ACP Scheme needs to be viewed as a 'Safety Net', to handle the genuine problem of stagnation and consequent hardships being faced by the employees, due to their not having adequate promotional avenues. Being the employees of the Union Territory, the ACP scheme is applicable to the employees of government of Puducherry also.
ii) The applicants submit that on 12th August, 1987, the Government of India introduced a Time Bound Scheme to confer senior scale / selection scale to teachers, in order to alleviate the long stagnation of teachers in the entry grade.
This scheme was made effective from 01.01.1986. Under the said scheme, teachers in the entry grade, who had put in 12 years of service, were entitled in a time bound manner to be placed in the senior scale of pay.
jit) The applicants further submit that, before the fifth pay commission, the time bound upgradations were offered for selective sections of the Government employees in the name of Senior scale, selection scale and In Situ. The fifth pay commission thereafter accepted the genuineness of this demand and formulated the Assured Career Progression Scheme, under which full benefits of a regular promotion are given, except the claim for a higher post. Normally when a Government employee gets a regular promotion he is placed in the pay scale of 26 next higher post and he is offered a notional increment under FR 22 (1) a (i) (This maintains even though the lower and higher posts are same, he should be offered one notional increment in higher post as if he is given additional duties and responsibilities.) These two benefits are the ingredients of ACP and In-situ. But in the case of Senior scale, which was offered before 5" pay commission to the teachers, only the higher scale was offered, and the fixation was done under FR 22 (1) (a) (ii), i.e., without the notional increment.
iv) The applicants submit that after 12 years of service, those in the senior scale were entitled to be placed in the selection scale of pay. The applicants have been granted the senior scale and or selection scale, pursuant to the Time Bound Scheme, and as per the scheme, such placement is not treated as a promotion and hence their pay was fixed under F.R. 22 (1) (a) (ii). However, teachers in the senior scale, when promoted as Head Masters, their pay was fixed in a higher grade in the promotional post as per FR.22 (1) (a) Gi), even though the pay scale in the promotion post was equal to the pay scale they were already drawing in the senior scale.
v) The applicants state that in order to further mitigate the plight of the employees who were stagnating in the same post, the Central Government 'ntroduced the "Assured Career Progression Scheme for the Central Government Civilian employees 1999". As per the scheme, an employee was entitled to 27 financial upgradation, the first upgradation after 12 years of regular service and the second one after 24 years of total regular service from the date of appointment.
vi) The applicants state that though all other government servants were granted the benefits of the ACP Scheme soon after 1999, the Government chose to apply the scheme to the teachers only in the year 2007. GO.Ms.No77 was issued by the Government of Puducherry on 03.09.2007 extending the implementation of the ACP Scheme to teachers with effect from 09.08.1999. Paragraph 4 thereof said, "the existing time bound scheme of conferment of senior scale/selection scale shall be deemed to have ceased to exist with effect from 09.08.1999".
Soon thereafter, questions were raised in the Administration on whether teachers were entitled to fixation under F.R.22 (1) (a) (i), in view of the fact that the first upgradation under the ACP would be in the Rs.5500-9000 pay scale, which the teachers had already drawn under the Time Bound Scheme when they were granted the senior scale. As a result, elaborate discussions were held in which, the Director of School Education, Deputy Secretary to the Government and several high level functionaries in the Education Department of the Government of Puducherry participated. The meeting decided that the grant of ACP to Teachers was long pending and urgent steps were needed to implement the same. It may be noted that the meeting decided upon the following points:
"6. Major highlight was on the grant of I-ACP to teachers who have been conferred with Senior Scale and it was decided 28 after a detailed discussion that, since conferment of Senior Scale to a teacher
a) Is not under the purview of FR22-I(a) (i) rules as envisaged in the Assured Career Progression Scheme
b) Can neither be treated as promotion
c) Nor could be treated as upgradation with notional increment benefit
d) If treated as an upgradation / promotion, it would incur a loss to the individual, with reference to the FR22-I(a)(i) fixation benefit (Le. notional increment benefit).
e) If under any circumstance, it is treated as an upgradation under FR 22-1(a)(i)/promotion and thereby confer ACP-I alone to him/her after completion of 24 years of service, the individual's genuine right under ACP Rules would be denied.
f) Further, treating it as an up gradation / promotion will provide no probability to regulate the pay scale before 01.01.96 and hence the only option available is to refix his/her pay as on 09.08.99 and thereafter, in the light of grant of Sr. Scale and promotion made.29
g&) If one and the same scale of pay thus all proposals will have a column indicating the details of the eligibility of ACP-I and IT.
7, It was accepted in the meeting that the benefits accrued by way of Senior Scale cannot be withdrawn at any cost, as it was the policy decision of the Government. Further, ZXC V citing the judgment of the Central Administrative Tribunal/Delhi High Court, it was decided that it would be appropriate to grant fixation benefits as I-ACP to the teachers of UT. of Puducherry who have been conferred with Senior Scale prior to 09.08.99."
The meeting also decided that Instructors will get 1 ACP at Rs.7500-12000/- and 2° ACP at 10000-15300. The Physical Education Teachers and Language Teachers were also considered entitled to ACP. It was noted that in Delhi, Orders were issued granting ACP as a result of an order passed by the Hon'ble C.A.T at Delhi.
vii) The applicants submit that thereafter, the first respondent Government issued two orders dt.05.09.2008 by which 23 Primary School Head Masters were granted first and second financial up gradation of pay scales under the ACP scheme. The order said that the first ACP and the second ACP shall be awarded retrospectively with effect from 09.08.1999 under which they will be placed in the 30 pay scale of 5500-9000 (ACP 1) and then in the pay scale of Rs.6500-10500 (ACP ID) and that the fixation benefits were to be given as per FR 22(1)(a)(1). However, the aforesaid 23 Headmasters were not actually paid the upgradation and pay fixation as ordered on 05.09.2008. All the applicants herein are on par with the said 23 Head Masters, but no orders were passed in their favour. On enquiry, the applicants learnt that the Government was actually considering cancelling the grant of ACP J and II because of certain reservations raised by the Director of Accounts & Treasuries, Puducherry.
viii) The applicants further submit that as a result, all the teachers represented to the first respondent Government justifying the grant of ACP scheme, from the Senior Scale. Based on their representations, on 13.08.2009, the Pondichery Government wrote to the Government of India, pointing out that the pay benefits accorded to the teachers up to 09.08.1999 under the Time bound scheme cannot be recovered. The Government said when the teachers were given Senior Scale, no higher fixation was given under FR 22 1(a)(i). The first respondent, Puducherry Government pointed out in its letter that as far as the Primary School Teachers are concerned. both the Senior Scale and the regular promotion post of Head Master were in the same scale of Rs.5500-9000. Hence their case was covered by clarifications No. MO. 47 to the ACP Scheme, which is as following:
31"47, An employee was allowed|No. It will only be a switchover from promotion in a higher grade in terms of|the existing scheme to the ACP Scheme the Ministry of Finance O.M. No.|\as on 9.8.1999. While determining his 1O(D/ELTV/88 dated September 13, \entitlements under ACPs on or after 1991. However, on introduction of|9.8.1999, pay benefits already drawn ACPS, the benefit of the said O.M. is to|upto 9.8.1999 in the higher grade be withdrawn so as to allow the benefits |allowed under the Scheme of September under the ACPS in terms of the|13, 1991 are not to be recovered".
stipulation that no time bound promotion scheme can run concurrently with the ACPS. Will the benefit of higher grade drawn prior to 98.1999 will also be withdrawn?
The Puducherry Government therefore concluded that any interpretation otherwise would be contrary to the spirit of the ACP Scheme and denying the employees of one half of the benefits intended by ACP ie. fixation under FR 22(1)(a)(Q) would be wrong. Finally the Puducherry Government requested the Central Government to issue an order to the effect that the benefit of FR 22 (1)(a)(i) "may be granted on the scale drawn by the teachers as on the day of eligibility for ACP".
ix) The applicants state that the Central Government thereafter replied to the Puducherry Government on 29" September 2009. It differed with the Puducherry Government that the pay of teachers who had already been granted senior or 32 selection scale would be fixed on the grant of ACP with reference to the pay fixed in the Senior Scale. Similarly, it said that the second financial up-gradation to the Headmasters (Primary) may be regulated and they may be placed in the immediate higher grade of Rs.6500-10500. Not stopping with that, the Central Government also said 'fall in pay, if any, resulted on such fixation may be protected by granting personal pay to be adjusted against future increments".
x) The applicants submit that the Government of Puducherry, however saw the injustice behind the direction which would have resulted in reduction of the applicants salary, instead of providing an up-gradation. It therefore sent another letter dt. 08.02.2011 to the Central Government stating that no pay should be recovered consequent to the grant of ACP. It therefore decided to take up the issue once again with the Central Government and resolve the same.
xi) The applicants state that the purpose of the ACP Scheme is to mitigate any hardship to the employees. Hence, Clarification No.1 issued vide Office Memorandum dated 10.02.2000 says even an earlier upgradation should be ignored for grant of ACP as otherwise the employee would suffer. The respondents have completely ignored this purpose in denying the ACP benefits to the applicants.
xii) The applicants state that the teachers, who paved the way to others to get ACP scheme, who already got only a partial benefit of a regular promotion, should not be neglected while the benefits are extended to all the Government employees with full benefits of a regular promotion. They also should be offered the 33 remaining benefit of a regular promotion, i.e., the notional increment. This is not a new demand of the teachers: it is in practice even now while fixing pay at regular promotion; but it is rejected to the applicants. Even today, a PS Teacher, in senior scale, is elevated to the post of Headmaster (Primary) by regular promotion and his pay is fixed under FR 22 (1)a (i) ( in the same scale of senior scale but with notional increment). Here it is noteworthy that ACP I is conferred to a Primary School Teacher against the post of Headmaster (Primary). In case of In- Situ holders, In-Situ is treated as First ACP and their benefits by which they got already by conferring In- Situ is continued from the date of conferring In-situ to the date of conferring ACP II when he is eligible. They are not nullifying the full benefits of a regular promotion prior to 9-8-1999.
xiii) The applicants submit that, a Primary School Teacher, appointed in the pay scale starting from Rs. 1200/-, will be in the stage of Rs.1560/-, after putting in 12 years of service (12 x Yearly increment Rs 30 = Rs 360/-). On conferment of Senior Scale, after completion of 12 years of service, the teacher is placed in the pay scale starting from Rs 1400( increment Rs.40), In this pay scale, there is the stage of Rs 1560/-. So, in accordance with the provision of FR 22 (1)
(a) (ii), the teacher's pay is fixed in the stage of Rs. 1560/, which he was already getting even before the so called promotion is conferred on him. In short, the teacher does get even a single rupee benefit, on getting promoted to the Senior Scale, after completing 12 years of service. This is because, on getting promoted to 34 the Senior Scale, his pay is fixed as per FR 22 (1) (a) (ii). Had the promotion to Senior Scale been given under FR 22 (1) (a) (i), he would have got one notional increment, and hence, he would have been placed on a higher stage. Thus, the Senior Scale, conferred to the Primary School Teacher, on completion of 12 years of service, should not be considered as a promotion at all, since his pay is not fixed in the promoted pay scale under FR 22 (1) (a) (i). As such, the so called promotion to the Senior Scale, should not be equated with the promotion under ACP.
xiv) The applicants submit that only the senior teachers, who were conferred with the Senior Scale, prior to 09-08-1999, are facing this imbroglio. The teachers, who are juniors to the above stated category, and who completed 12 years of service after 09-08-1999, are not caught in this entanglement and that they have been conferred with 1", 2" and 3" upgradations under the ACP and MACP. Denial of promotions under the ACP scheme, to the seniors who were conferred with the Senior Scale before 09-08-1999, has resulted in a situation, wherein they are getting lesser pay. (Basic, Gross and Grade pay) than the juniors. This is a great injustice which needs to be undone.
xv) The applicants most importantly submit that, the Government of Puducherry has all along been informing the applicants that it was continuously taking up with the Central Government, the issue of granting 2 ACPs to teachers. It is therefore clear that the decision taken in 77, dated 03.09.2007 to extend the ACP Scheme to the teachers has not been acted upon by the respondents due to clarification being 35 sought back and forth by the Puducherry and Central Governments. The teachers have not got any benefit, though all other government servants have been granted the ACP benefits from the year 1999
3. Mr. C. Vigneswaran, Learned Counsel appearing for the applicants submits that the teachers of Puducherry, who are conferred with the Senior Scale prior to 09-08-1999, are denied of the benefits of the Assured Career Progression. This is arbitrary and violative of Article-14 of the Constitution. The Puducherry government has granted first and second financial upgradation of pay scales, under the ACP, and third upgradation of pay scale under the MACP, to those teachers who completed 12 years of service after 09-08-1999. As such, denial of pay scale upgradations under the ACP and MACP schemes to the applicants is discriminatory and violative of Right to Equality as enshrined under Articles 14 and 15 of the Constitution. The Senior scale Promotion granted to the applicants, as per the Time Bound scheme, should not be construed as a promotion, since the benefit of FR.22 (1) (a) (i) is not made available to them under that scheme. Thus, denial of the benefit of the ACP scheme to the applicants, on the plea that they are already conferred with promotion under Time Bound Scheme is nothing but denial of their due benefits. Further, the government itself has admitted that when Senior Scale was granted, it was not treated as promotion and hence they were denied fixation benefits under F.R.22 (1) (a) (1). It is submitted that all government 36 servants were granted the benefits of ACP Scheme from 09.08.1999. But, the respondents belatedly extended the same to teachers only on 03.09.2007, though with retrospective effect from 1999. However, the respondents have miserably failed to implement the same. Hence the inaction of the respondents is violative of Article 16 of the Constitution. It is submitted that the Central government's clarification No.47 to the ACP Scheme, 1999, says that the higher grade allowed under earlier Time Bound Scheme need not be withdrawn due to grant of ACP. Hence, the objections now being raised by the Central Government to deny the upgradations under the ACP and MACP, are untenable. It is submitted that the Government of Puducherry has pointed out that any attempt to recover the benefits already extended before granting ACP to teachers, will amount to withdrawing benefits to the teachers. The withholding of the grant of 2 ACPs to the teachers is therefore illegal and arbitrary. It is submitted that Clarification No.1 to the ACP Scheme says that the benefits of ACP are meant to mitigate the hardships faced by the employees because of stagnation & lack of promotion. The purpose of the ACP Scheme is being completely defeated by the inaction of the respondents. It is submitted that many of the applicants have retired as teachers without any promotion, despite having rendered long years of service ranging from 25 to 40 years. They have been deprived of their valuable right to the benefits of the ACP Scheme, framed specifically to meet such hardships. Hence the inaction of the 37 respondents affects the livelihood of the applicants enshrined under Article 21 of the Constitution.
4, Per contra, the learned counsel for the respondents contended that he has filed a detailed reply, he has also relied upon that similar issued has already been decided by this Tribunal in OA No. 1468 of 2013 vide order dated dated 17.09.2022, therefore, he prayed for dismissal of the O.A.
5. We have heard Mr. C. Vigneswaran, Counsel appearing for the applicants and Mr. R. Syed Mustafa, Ld. Counsel for the respondents.
6. The question which is to be considered in the present case is that whether the pay drawn in the Senior/Selection Scale should be taken into account for the purpose of such fixation on grant of ACP.
7. We found that the issue is no more res-integra and this Tribunal has already decided the issue in O.A. 1468/2013 vide its order dated 17.09.2022.
8. This question has been answered by this Tribunal in O.A. 1468 of 9013 and the relevant portions are extracted below:-
"12. As per the recommendations of National Commission for Teachers headed by Dr. Chattopadhyaya, Teachers were granted Senior Scale with effect from 01.01.1986. This scheme envisages that a teacher after completion of 12 years of service in the entry grade without any promotion, will be granted next higher scale of pay ic. Senior Scale and the pay will be fixed under F.R.22(1)(a)(ii). On completion of 24 years of service in the entry post, if the teacher has not availed 38 any promotion, Selection Scale will be granted to him provided, the teacher fulfils the requisite educational qualifications. The selection scale is subject to 20% of the number of posts in the Senior Scale of the respective cadre, However, on their functional promotion to the next higher post, the benefit of F.R.22 (1)(a) (i) will be extended to them.
13. According to O.M. No.35034/1/97-Estt(D) dated
09.08.1999 of Personnel and Training, Government of India, two financial upgradation under the scheme in the entire Government service of an employee shall be counted against regular promotions availed from the grade in which an employee was appointed as a direct recruit. If an employee was not granted any regular promotion during the prescribed period of 12 years and 24 years, he will be eligible for two financial upgradations subject to other stipulations under the scheme. If an employee has already got one regular promotion, he will qualify for the second financial upgradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotions on regular basis have already been received by an employee, no benefit under the ACP Scheme shall accrue to him.
14, According to O.M. No. 35034/1/97-Estt(D), dated 09.08.1999, of Department of Personnel & Training, the condition for grant of benefits under the ACP Scheme stipulate that the existing time bound promotion scheme, including insitu promotion scheme, in various Ministry/ Departments may, as per choice, continue to be operational for the 39 concerned categories of employees. However, these schemes shall not run concurrently with the ACP Scheme. The administrative Ministry/Department-not the employees-shall have the option in the matter to choose between the two schemes, i.e. existing time bound promotion scheme or the ACP scheme, for various categories of employees. However, in case of switch over from the existing time bound promotion scheme to the ACP scheme, all stipulations (viz. for promotion, redistribution of posts, upgradation involving higher functional duties etc.) made under the former (existing) scheme would cease to be operative. The ACP Scheme shall have to be adopted in its totality. As per the clarification issued by the Government of India from time to time, the ACP Scheme was implemented with effect from 09.08.1999 and the existing time bound scheme of conferment of senior scale/selection scale were deemed to have ceased to exist from that day. In pursuance of the above stipulation, the ACP scheme was extended to the teachers of the Union Territory Administration vide G.O.Ms.No.77 dated 03.09.2007 with effect from 09.08.1999 (R-1).
15. As per clarification No.47, issued by the Department of Personnel and Training any higher grade drawn prior to 09.08.1999 under time bound promotion /insitu promotion scheme to the ACP scheme as on 09.08.1999, pay benefits already drawn upto 09.08.1999 in the higher grade are not to be recovered. Citing this clarification, the Teachers Association have been demanding that fixation has to be made with reference to the pay actually drawn on 09.08.1999 in the 40 senior scale of pay of Rs.5500-9000 for a Primary School Teacher and fixed under FR 22(1){a) (i) in the same scale of pay of Rs.5500-9000 admissible to post of Headmaster (Primary).
16. The Director of Accounts & Treasuries, Puducherry has stated that the pay in the entry grade scale of Primary School Teacher is to be notionally arrived at up to 09.08.1999 in the scale of pay Rs.4500-7000 and fixed under F.R.22(1)(a)
(i) in the higher scale of Headmaster (Primary) at Rs.5500- 9000. The fall in pay resulting out of such fixation may be protected by granting personal pay to be adjusted against future increments. Based on the representation of the teachers of the Union Territory of Puducherry, the Development Commissioner, Government of Puducherry had sought for clarification to the effect that the benefit of F.R. 22(1)(a) Gi) on the scale drawn by the teachers as on date of eligibility for ACP. The matter was again taken up with the Ministry of Human Resource Development and Department of Personnel and Training for clarification vide letter dated 13.08.2009. The Ministry of Human Resource Development in consultation with the Department of Personnel and Training has clarified vide letter dated 29.09.2009, as given below:
(i) regarding fixation of pay of teachers in Senior/Selection scale under the Assured Career Progression Scheme (ACPS), the pay of teachers in Senior/Selection scale, on grant of ACP shall be fixed with reference to the pay so 41 fixed in Entry/Senior grade, as the case may be.
The fall in pay, if any, resulted in such fixation may be protected by granting personal pay to be adjusted against future increments.
(ii) As regards grant of 2™ financial upgradation to the Headmaster (Primary), this issue may be regulated as per the condition No.7 (for isolated post) of Annexure-I of ACP scheme dated 9-8-1999, which provides that in the absence of defined hierarchical grades, financial upgradation shall be given in the immediate next higher (standard/common) pay scales as indicated in Annexure-II of the O.M. No. 35034/1/97/Estt (D) dated 9-8-1999, The immediate next higher grade of the pay scale of Rs.5500-9000 has been prescribed as Rs.6500- 10500.
17. if the pay of teachers who are in receipt of senior/selection scale is fixed as per the clarification of Government of India for grant of first/second ACP, they would be incurring loss as many of the teachers were granted senior scale with effect from 01.01.1986. Hence, the matter was taken up with Ministry for clarification. The Ministry vide letter dated 16.12.2010 has reiterated to implement the ACP scheme in toto in the Puducherry Administration and no deviation from the scheme can be allowed and the pay may be fixed in accordance with DOP&T clarification dated 42 29.09.2009. The matter was again taken up with MHRD for clarification to offset the Senior/selection scale as first/second financial upgradation under ACP Scheme as the case may be, to those teachers who are in receipt of senior/selection scale. The MHRD in consultation with DOP&T vide letter dated 08.08.2012 has again furnished the same reply. As per ACP scheme, any interpretation/clarification of doubt as to the scope of meaning of the provisions of ACP scheme shall be given by the DOP&T, New Delhi and the DOP&T has reiterated implementing the ACP scheme in toto.
18. Another aspect which, the Tribunal has always to keep in view while considering revision of pay scale is the judgment of in Union of India and another P.V. Hariharan and another (1997) 3 SCC 568, wherein it was held as under:-
"5 It is the function of the Government which normally acts on the recommendations of a Pay Commission. Change of pay scale of a category has a cascading effect. Several other categories similarly situated, as well as those situated above and below, put forward their claims on the basis of such change. The Tribunal should realise that interfering with the prescribed pay scales is a serious matter. The Pay Commission, which goes into the problem at great depth and happens to have a full picture before it, is the proper authority to decide upon this issue. Very often, the doctrine of "equal pay for equal work" is also being 43 misunderstood and misapplied, freely revising and enhancing the pay scales across the board. We hope and trust that the Tribunals will exercise due restraint in the matter. Unless a clear case of hostile discrimination is made out, there would be no justification for interfering with the fixation of pay scales, We have come across orders passed by Single Members and that too quite often Administrative Members, allowing such claims. These orders have a serious impact on the public exchequer too. It would be in the fitness of things if all matters relating to pay scales, i.e., matters asking for a higher pay scale or an enhanced pay scale, as the case may be, on one or the other ground, are heard by a Bench comprising at least one Judicial Member.....
19, In Secretary, Government (NCT of Delhi) and others v. Grade-1 Officers Association and others (2014) 13 SCC 296, the Supreme Court refused to interfere with the ACP Scheme as it would violate government policy and since exercise of judicial review would not be proper, upheld the ACP Scheme and the conditions therein.
20. In State of Tamil Nadu v. 8. Arumugham (1998) 2 SCC 198, the Supreme Court has observed that the government has the right to frame a policy to ensure efficiency and proper administration and to provide to suitable avenues for promotion to officers working in different department. The 44 Supreme Court has further observed that the Tribunal cannot substitute its own views for the views of the government or direct new policy based on the views of Tribunal.
21. Observing that fixation of pay and determination of responsibilities is a complex matter which is for the executive to take a decision, the courts should approach such matters with restraint, in State of Haryana and Another v. Haryana Civil Secretariat Personal Staff Association (2002) 6 SCC 72, the Supreme Court held as under:-
"10. It is to be kept in mind that the claim of equal pay for equal work is not a fundamental right vested in any employee though it is a constitutional goal to be achieved by the Government. Fixation of pay and determination of parity in duties and responsibilities is a complex matter which is for the executive to discharge. While taking a decision in the matter, several relevant factors, some of which have been noted by this Court in the decided case, are to be considered keeping in view the prevailing financial position and capacity of the State Government to bear the additional liability of a revised scale of pay......... That is not to say that the matter is not justiciable or that the courts cannot entertain any proceeding against such administrative decision taken by the Government. The courts should approach such matters with restraint and interfere only 45 when they are satisfied that the decision of the Government is patently irrational, unjust and prejudicial to a section of employees and the Government while taking the decision has ignored factors which are material and relevant for_a decision in the matter. Even in a case where the court holds the order passed by the Government to be unsustainable then ordinarily a direction should be given to the State Government or the authority taking the decision to_ reconsider the matter and pass a proper order. The court should avoid giving a declaration granting a particular scale of pay and compelling the Government to implement the _same......". [Underlining added] 22, In similar cases in W.P. No. 12336 of 2007 filed in the High Court of Madras by Thiru Kk. Siddarthan & 4 Others for revision of pay scales, the Hon'ble High Court of Madras in its order dated 05.06.2012 has dismissed the similar plea by referring the judgement of Supreme Court of India filed by (Union of India vs. C Arun Jyothi Kundu (2007), 7 SCC 472) and held that:
"It is open to the State or the Central Government to accept the Commission's recommendation or reject the same and the court cannot give any direction to implement a particular report. In the present case, even 46 assuming there was a One Man Commission recommendations, in the absence of State accepting the same, no mandamus will lie."
"It is well settled principle of law that recommendations of Pay Commission are subject to the acceptance/rejection with modification of the appropriate Government."
It was also held that the recommendation of pay scales are not open to judicial review. The Pay Commission are constituted for evaluating duties and functions of the employee and the nature thereof vis-vis the educational qualification therefor. Although the Pay Commission is an expert body, the State in its wisdom and in furtherance of its valid policy may or may not accept its recommendations.
23. The Hon'ble Supreme Court of India in Civil Appeal No. 7232 of 2003 held that:-
"5, Learned Counsel for the respondent submitted that the auditors and assistants have been historically treated at par in the matter of pay scales, Although this fact has been denied by the appellant, we are of the opinion that even if it is correct that will not be of any help to the respondents. To give an illustration, if posts A and B have been carrying the same pay scales, merely because the pay scales of post A has been increased that by itself cannot result in increase in the pay scale of post B to the same 47 level. It is entirely on the Government and the authorities to fix the pay scales and to decide whether the pay scale of post B should be increased or not. The judiciary must exercise self restraint and not encroach into the executive or legislation domain "(2007(12) SCALE 170)"
24. Observing that the decision of expert bodies like the Pay Commission is not ordinarily subject to judicial review, in State of U.P. and Others v. U.P. Sales Tax Officers Grade II Association (2003) 6 SCC 250, the Supreme Court held as under:-
"ll. There can be no denial of the legal position that decision of expert bodies like the Pay Commission is not ordinarily subject to judicial review obviously because pay fixation is an exercise requiring going into various aspects of the posts held in various services and nature of the duties of the employees...".
25. The directions of the Hon'ble Supreme Court discussed above make it clear that Tribunals should not interfere with the scales for particular posts recommended by Pay Commissions and/or other expert bodies unless it is shown that hostile discrimination is apparent on the face of the records. Prescription of pay scales for individual posts is in the domain of the Government and as per Supreme Court directions discussed above, it is not for the Tribunals to interfere with them, especially when the existing pay scales are 48 as per recommendations of Pay Commission or other expert committee.
26. The ACP Scheme and attendant memoranda of the DoPT reflect that in case of any doubt, clarification has to be obtained from DoPT, the decision of which is final. The DoPT has already clarified and the same is absolutely correct. In fact the view of the DoPT to treat as Personal Pay the difference between the pay actually drawn and worked out as on 09.08.1999 signals that the nodal ministry has taken into account all aspects. The claim of the applicants is thus an unintended benefits which cannot be allowed.
27. The Govt. instructions are quite clear. The scheme for timebound placement in Senior scale operating at the time of introducing the ACP scheme and the ACP scheme as such cannot be simultaneously operated as per DoP&T orders. It is only "either this or that" and "not both as per options". The Department had opted to come over to ACP scheme and orders said that the timebound placement scheme in senior scale will cease to exist. Naturally therefore, and as per rules, the benefits already availed by the applicants under the timebound placement on senior scale will be taken into account for bringing them under the ACP scheme. In the pay fixation process starting from a very earlier period, on the date of pay fixation under the ACP, if an employee is found to be already drawing higher pay under the old scheme, the question arises what to do in such cases. The rules provided that the excess basic pay already drawn shall not be recovered but allowed to be drawn as personal pay to be absorbed in future increments 49 in pay. Such a provision is common in all cases where the existing pay drawn is affected by changeover caused by any new turn of event. The Audit/Accounts Department has every right to question wrong fixation of pay, if any, done by the Administrative department, after pointing out the rules in this regard. The applicants have not suffered any injustice nor inflicted with violation of Art 14 or 16 of the Constitution and as such rightly the OA is to be dismissed.
28. In the conspectus of the above facts and circumstances of the case and the judgements of the Hon'ble Apex Court and High Court, we do not see any justification to allow the OA in favour of the applicants. Resultantly, the OA is liable to be dismissed and is accordingly ordered. No costs." 9, For the foregoing reasons and after perusal of the judgments of the Hon'ble High Court and Apex Court, we do not find any justification to allow the OA in favour of the applicants.
10. In the result, the OA is liable to be dismissed and accordingly it is dismissed. No order as to costs.