pay in the scale of Rs.6500-10500 judgement copy

 

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR &

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 4^TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944

OP (CAT) NO. 179 OF 2018

AGAINST THE ORDER/JUDGMENT IN OA 569/2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

PETITIONERS/REPONDENTS IN OA:

1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT  OF INDIA, MINISTRY OF DEFENCE, NEW DELHI

2 THE FLAG OFFICER COMMANDING IN CHIEF HEADQUARTERS, SOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI-04.

3 CHIEF STAFF OFFICER (P & A)HEADQUARTERS, SOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI-04.

4 THE DIRECTORPRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (NAVY) (PAY SECTION), NO.1 COOPERAGE ROAD, MUMBAI-400 001.

BY ADVS.SRI.T.V.VINU, CGC

RESPONDENTS:

1 ALL INDIA NAVAL CLERKS ASSOCIATIONREPRESENTED BY THE GENERAL SECRETARY, ALL INDIA NAVAL CLERKS ASSOCIATION, DOOR NO. 39/3293C/2ND FLOOR,OP(CAT)Nos.179 of 2018 & 52 of 2019 K.S.N MENON ROAD, KOCHI 682016

2 T.M.MATHEW,S/O T.J.MATHAI, LOWER DIVISION CLERK,  NAVAL SHIP REPAIR YARD, NAVAL BASE, KOCHI-682004.

3 K.B.SHAJIS/O LATE K.K.BHASKARAN, HEADQUARTERS, SOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI-04, KALLUMADATHIL HOUSE, NJARAKKAL P.O., MANJANAKKAD, ERNAKULAM-682505.

4 SANTHA GOPINATH OFFICE SUPERINTENDENT, NAVAL SHIP REPAIR YARD, NAVAL BASE P.O., KOCHI-4, KOZHAKKARAPPILLIL HOUSE, RAMAMANGALAM P.O., ERNAKULAM-686663.

5 C.U.MOLLY W/O SABU P.ABRAHAM, OFFICE SUPERINTENDENT, INS VENDURUTHY, NAVAL BASE, KOCHI-682004.

6 P.ELIZABETH W/O D.THIMOTHIYOS, OFFICE SUPERINTENDENT, MATERIAL ORGANIZATION, NAVAL BASE, KOCHI 682004, PANIKKAVEETTIL VADAKKETHIL, P.O.PALLIPPADU, ALEPPEY DISTRICT.

7 K.J.MARY MARGERET W/O K.J.MATHEW, OFFICE SUPERINTENDENT, INS GARUDA, HEADQUARTERS, SOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI-682004.

8 P.KUNJAMBUOP(CAT)Nos.179 of 2018 & 52 of 2019 S/O K.GOVIND, ASSISTANT, INS GARUDA, SOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI-682004.

BY ADVS.

SRI.S.RADHAKRISHNAN
SHRI.S.RAJMOHAN
SMT.R.ANJALI
SRI.ADITYA THEJUS KRISHNAN

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 04.01.2023, ALONG WITH OP (CAT).52/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR &

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 4^TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944

OP (CAT) NO. 52 OF 2019

AGAINST THE ORDER/JUDGMENT IN OA 271/2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

PETITIONERS/RESPONDENTS IN OA:

1 UNION OF INDIA

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT  OF INDIA, MINISTRY OF DEFENCE, 

NEW DELHI.

2 SECRETARYGOVERNMENT OF INDIA, DEPARTMENT OF PERSONNEL  AND TRAINING, NEW DELHI.

3 FLAG OFFICER, COMMANDING IN CHIEFSOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI - 682 004.

4 CHIEF STAFF OFFICERSOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI - 682 004.

5 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (NAVY) NO.1, COOPERAGE ROAD, MUMBAI - 400 001.

BY ADV K.SUDHINKUMAR

RESPONDENTS/APPLICANTS IN OA:

1 COCHIN NAVAL BASE CIVILIAN WORKERS UNION(AIDEF) 39/4472-E2, 3RD FLOOR, PEGREE MALL, OPP. MEDICAL TRUST HOSPITAL,PALLIMUKKU, KOCHI - 682 016, 

REPRESENTED BY ITS SECRETARY, K.K.BALACHANDRAN, S/O.M.KESAVAN NAIR, AGED 51 YEARS, 

         CHARGEMAN (PLATER), NSRY, NAVAL BASE, KOCHI - 682 004,            RESIDING AT KOTTARAPPILLY  HOUSE, VELLARAPILLY SOUTHP.O., ALUVA, ERNAKULAM - 683 580.

2 K.K.BALACHANDRANS/O.M.KESAVAN NAIR, AGED 51 YEARS, CHARGEMAN(PLATER), NSRY, NAVAL BASE, KOCHI - 682 004, RESIDING AT KOTTARAPPILLY HOUSE, VELLARAPILLY SOUTH P.O., ALUVA, ERNAKULAM - 683 580.

3 K.M.GEORGES/O.K.P.MATHAI, AGED 55 YEARS, MACHINIST MASTER, CRAFTSMAN, NSRY, NAVAL BASE, KOCHI - 682 004, RESIDING AT KANJANPPILLY HOUSE, VYTILLA, KOCHI - 682 019.

4 BABY PAULS/O.K.C.PAUL, AGED 53 YEARS, ICE FITTER MASTER, CRAFTSMAN, NSRY, NAVAL BASE, KOCHI - 682 004, RESIDING AT KALLUNGAL HOUSE, MULANTHURUTHY P.O., KARIKODE - 682 314.

BY ADVS.

1. SRI.M.R.HARIRAJ
2. SRI.K.RAJAGOPAL
3. SMT.L.LAKSHMI OMANAKUTTAN

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 04.01.2023, ALONG WITH OP (CAT).179/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ 

OP(CAT)Nos.179 of 2018 & 52 of 2019

Dated this the 4^th day of January, 2023

ORDER

Mohammed Nias.C.P., J.

The Union of India and its officials have filed these original petitions aggrieved by the orders passed by the Central Administrative Tribunal (CAT), Ernakulam Bench allowing the applications filed by the respondents herein that quashed Annexures A1 and A2 orders and held that the respondents are entitled to get their initial pay fixed treating Rs.6500/- as existing basic pay as on 01.01.2006 with all consequential benefits..

2. The relevant facts leading to the original petitions are as follows:-The respondents were working in different grades of the Ministerial cadre in the Indian Navy. The Assistants were drawing a pay scale of Rs.5000-8000 and the Office Superintendents were drawing a pay scale of Rs.5000-9000 under the 5^th Central Pay Commission (CPC). On implementation of the Assured Career Progression Scheme (ACP Scheme), the LDCs and the UDCs were granted their second and first financial upgradation and were placed in the scale of pay of Assistants at Rs.5000-8000 (pre-revised) when they were granted the second and the first financial upgradations respectively. However, after the 6^th central Pay Commission the two posts carrying the pay of Rs.5000-8000 and Rs.5500-9000 were clubbed together and placed in the revised pay scale of Rs.6500-10500 by way of merger in Pay Band 2 (PB2) with grade pay of Rs.4200/-. Annexure A3 circular dated 5.4.2010 was issued by the Ministry of Defence making it clear that the said order will take effect from 01.01.2006. 

3. The applicants grievance was about the manner in which the initial pay was fixed in the revised pay structure in accordance with the the Civilians in Defence Services (Revised Pay) Rules, 2008 (hereinafter referred to as 'the Rules 2008'). They contended that their pay has been wrongly fixed by the petitioners in the revised pay scales taking the pay drawn before the implementation of the merger of posts as their basic pay as on 01.01.2006. Their essential contention is that the pre-revised scale is not the scale before the merger but it is the scale after the merger but before the revision of the scales by the 6^th CPC, and therefore, the pre-revised scale specified in Annexure A8 OM can only be the pay scale after the merger which came into force with effect from 01.01.2006. Thus, the applicants prayed for a declaration that the fixation of initial pay in the revised pay structure as per Rules 7 of the CCS (RP) Rules, 2008 should be based on the salary actually due as on 01.01.2006 and to fix their salary in the revised pay scale of Rs.6500-10500 as on 01.01.2006 with all consequential benefits. 

4. The petitioners contended before the Tribunal that Annexure A1 and A2 communications reflected the correct position and the procedure to be a dopted in all cases wherein pay scale have been explained with an illustration sample case. It was their contention before the Tribunal that existing basic pay means the pay drawn in the prescribed existing scale of pay and since the applicants have never drawn pay in the scale of Rs.6500-10500, the contention of the applicants could not have been accepted.

5. The Tribunal by the order impugned found relying on Rule 7 of the CDS (RP) Rules, 2008 and also the definition of 'existing basic pay' and 'existing scale' that a conjoint reading of the above will reveal that the existing basic pay as on 01.01.2006 is the pay drawn in the prescribed existing scale of pay and that it can only be interpreted as the pay applicable to the post payable to Government servants as on 01.01.2006, because the pay in the old scale had ceased to exist on 01.01.2006 and a new pay scheme systematically different from the old scale of pay had come into force on that day. Accordingly, the original applications were allowed and Annexures A1 and A2 communications in OP(CAT) 179 of 2018 were set aside and it was declared that the respondents should fix the initial pay of the applicants including all members of the Applicant No.1 Association in the revised pay scale by fixing their salary in the revised pay scale of Rs.6500-10500 treating Rs.6500/- as the existing basic pay as on 01.01.2006 with all consequential benefits. OA No.271 of 2014 from which OP(CAT)52 of 2019 arises was allowed in terms of the order in OA No.569 of 2014 from which the OP(CAT) 179 of 2018 arises.

6. We have heard Sri.T.V.Vinu, the learned CGC appearing for the petitioners in OP(CAT)179 of 2018, Sri.Sudhinkumar.K., the learned CGC appearing for the petitioners in OP(CAT)52 of 2019 and Sri.S.Radhakrishnan, the learned counsel for the respondents in OP(CAT)No.179 of 2018 and Sri.M.R.Hariraj, the learned counsel for the respondents in OP(CAT) 52 of 2019.

7. The learned counsel for the petitioners argues that the interpretation and application of Rule 7 of the CDS(RP) Rules, 2008 has been erroneously done by the Tribunal. He also argues that the claim of the applicants is in variation to Rule 7(1)(A)(ii) and the calculation given in the illustration 4B. The fixation as per the Rules meant that the existing basic pay as on 01.01.2006 is multiplied by the multiplier 1.86, rounded off to the next denomination of Rs.10/- and the resultant amount is placed in the pay band of PB-2 Rs.9300-34800 with the Grade Pay of Rs.4200/-. The applicants have not drawn Rs.6500/- as on 01.01.2006 therefore Rs.6500/- cannot be treated as pay drawn as referred in Rule 3(1) of the CDS (RP) Rules, 2008. Annexure A3 intimating the sanction of the President for the merger of posts/scales is clear and unambiguous. Annexure A3 clearly stated the existing name of the post and scale and provides the corresponding pay band and grade pay as per 6^th CPC. 

8. The learned counsel for the respondents reiterated the contentions in the original applications and supported the judgment of the Tribunal.

9. Having heard the learned counsel on either side we are of the view that the issue is essentially covered by our judgment in OP(CAT) 151 of 2016 dated 8.8.2022. The Rules in question in that case as well as the instant case are pari materia. In that case we had considered Rule 7(1)(A)(ii) of the Central Civil Service (Revised Pay) Rules, 2008, which is pari materia with the Rules in the instant case. The relevant Rules, 2008 are extracted hereunder: “7(1)(A)(i) “the pay in the pay band/pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.” 3(2) “existing scale” in relation to a Government servant means the present scale applicable to the postheld by the Government servant (or, as the case may be,personal scale applicable to him) as on the 1^st day of January, 2006 whether in a substantive or officiating capacity.  Interpreting the said provisions in the backdrop of the merger in pay scales that was implemented with effect from 01.01.2006, we had found as follows:-

“ As per the CCS (Revised Pay) Rules, 2008, the basic pay of the Section Officer, whose post had been merged with that of the Assistant Accounts Officer with effect from 01.01.2006, had to be seen as falling within the revised scale contemplated under the Rules for the post of Section Officer. That scale was Rs.7500 – 12000. It followed therefore that the existing pay of the Section Officer as on 01.01.2006 had to be seen as the pay drawn by him in the scale of Rs.7500 – 12000. In as much as the applicants were drawing a pay of Rs.7,100/Rs.7,300 in the pre-revised scale of Rs. 6500-10500 which was much less than the minimum pay in the scale of Rs.7500 – 12000, their existing pay for the purposes of the Rules had to be taken as Rs.7,500/- which was the minimum in the revised pay scale. The grade pay for the posts which had been merged with effect from 01.01.2006 had also to be taken as Rs.4,800/- for the pay band PB-2. When the fitment table is applied to these figures the applicants will be seen as entitled to a revised basic pay of Rs.13,950/- and a grade pay of Rs.4,800/- with effect from 01.01.2006. The Tribunal having found that this is what is due to the applicants, we see no reason to interfere with the said conclusion of the Tribunal. “

10. The issue in these Original petitions is covered by our judgment mentioned above. A reading of Rule 7 of the Rules 2008 as well as the definition of the existing basic pay and the existing scale it has to be held that the existing basic pay as on 01.01.2006 is the pay drawn in the prescribed existing scale of pay and that it can only be interpreted as the pay applicable to the post payable to the Government servants as on 01.01.2006, as the pay in the old scale has ceased to exist on 01.01.2006 and a new scale scale has admittedly come into existence. 

For the reasons mentioned above as well as for the reasons given by the Tribunal, we find no reason to interfere with the order of the Tribunal. Accordingly, we dismiss these original petitions. 

 

Sd/- A.K. JAYASANKARAN NAMBIAR, JUDGE

Sd/- MOHAMMED NIAS C.P. JUDGE

 

APPENDIX OF OP (CAT) 52/2019

PETITIONERS EXHIBITS

EXHIBIT P1 TRUE COPY OF THE O.A.NO.180/00271/2014 DATED 10/04/2014.

Annexure A1 ANNEXURE A1:TRUE COPY OF THE MINUTES  OF THE MEETING OF THE NATIONAL ANOMALY COMMITTEE HELD ON 17.07.2012.

Annexure A2 TRUE COPY OF REPRESENTATION DATED  20.06.2013 SUBMITTED BY THE 1ST APPLICANT IN O.A.

Annexure A3 TRUE COPY OF THE LETTER NO.CS2759/4  DATED 29.10.2013 ISSUED FOR THE 3RD RESPONDENT IN THE O.A.

Annexure A4 TRUE COPY OF THE LETTER NO.PAY/I/PAY  TECH DATED 24.02.2014 ISSUED FOR THE 5TH RESPONDENT IN OA.

Annexure A5 TRUE COPY OF THE FINAL ORDER OF THE  CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 13.07.2012 IN OANO.856/2011.

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 30/03/2014 FILED BY THE PETITIONERS. 

Annexure R5 TRUE COPY OF THE GOVERNMENT OF INDIA,  MINISTRY OF DEFENCE LETTER NO.11(5)/2008/D/(CIV-1) DATED 28.08.2009.

Annexure R2 TRUE COPY OF THE GOVERNMENT OF INDIA,  MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE OM F NO.1/1/2008-1C DATED 30.08.2013.

Annexure R3 TRUE COPY OF THE GOVERNMENT OF INDIA,  MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE OM F NO.1/1/2008-1C DATED 13.10.2013.

Annexure R4 TRUE COPY OF THE GOVERNMENT OF INDIA,  MINISTRY OF DEFENCE LETTER NO.410/D

 (CIV-1).

Annexure R1 TRUE COPY OF THE NOTIFICATION NO.11  (1)/2008/D (CIV.1) DATED 09.09.2008 ISSUED BY MINISTRY OF DEFENCE, GOVERNMENT OF INDIA.

EXHIBIT P3 TRUE COPY OF THE ORDER IN OA  NO.180/00271/2014 DATED 05/04/2018 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

APPENDIX OF OP (CAT) 179/2018

PETITIONERS EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION  NO.180/00569/2014, DATED 29.7.2014,  FILED BY THE RESPONDENTS.

Annexure A1 TRUE COPY OF THE COMMUNICATION ISSUED  BY THE HEADQUARTERS SOUTHERN NAVAL COMMAND TO THE CHIEF OF NAVAL CHIEF NAVAL STAFF, NO.CS 2759/4 DATED 10.03.2014 WITH COPY TO THE 1ST APPLICANT.

Annexure A2 TRUE COPY OF THE LETTER NO.PAY/I/PAY  TECH DATED 24.2.2014 ISSUED BY THE 4THRESPONDENT TO THE STAFF OFFICER,HEADQUARTERS, ENCLOSED ALONG WITH ANNEXURE A1 LETTER.

Annexure A3 TRUE COPY OF THE ORDER NO.CP(P)/8416/VI        CPC/ADM/09/421/US (MP)/D(N-II) DATED 5.04.2010,

Annexure A4 TRUE COPY OF THE CIVILIANS IN DEFENCE  SERVICES (REVISED PAY) RULES, 2008. 

Annexure A4 (a) TRUE COPY OF THE PAY FIXATION ORDER OF THE 2ND APPLICANT.

Annexure A5 TRUE COPY OF THE REPRESENTATION DATED  29.09.2008.

Annexure A6 TRUE COPY OF THE LETTER NO.CP  (P)/8416/VI CPC DATED 06.10.2008 FROM THE DIRECTORATE OF CIVILAIN PERSONNEL.

Annexure A7 TRUE COPY OF THE REPRESENTATION  SUBMITTED BY THE 1ST APPLICANT TO THE CHIEF OF THE NAVAL STAFF DATED  23.10.2008.

Annexure A8 TRUE COPY OF THE LETTER  NO.CP(PV/8416/VI CPC DATED 06.11.2008.

Annexure A9 TRUE COPY OF THE ORDER PASSED BY THISHON'BLE TRIBUNAL IN O.A.NO.856/2011 DATED 13.07.2012.

Annexure A10 TRUE COPY OF THE REPRESENTATION DATED  05.08.2013.

Annexure A11 TRUE COPY OF THE LETTER DATED  29.10.2013. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 23.9.2014 FILED BY THE PETITIONERS.

Annexure R1 TRUE COPY OF THE GOVT.OF  INDIA,MINISTRY OF FINANCE,DEPARTMENT  OF EXPENDITURE (IMPLEMENTATION CELL) OFFICE MEMORANDUM F.NO.1/1/2008-1C DATED 30TH AUG 2008.

Annexure R2 TRUE COPY OF THE GOVT. OF INDIA,  MINISTRY OF FINANCE, DEPARMENT OF EXPENDITURE OFFICE MEMORANDUM  F.NO.1/1/2008-1C DATED 13TH OCT 2008.

Annexure R3 TRUE COPY OF THE IHQ OF MCD (NAVY)  LETTER NO.CP (P)/8416/VI/CPC/POLICY DATED 22ND AUG 2014.

EXHIBIT P3 TRUE COPY OF THE ORDER IN OA  NO.180/00569/2014 DATED 3.4.2018 OF THE CENTRLA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.