Kerala High Court
Union Of India vs Cochin Naval Base Civilian ... on 4 January, 2023
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 4TH 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 DIRECTOR
PRINCIPAL 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 ASSOCIATION
REPRESENTED BY THE GENERAL SECRETARY,
ALL INDIA NAVAL CLERKS ASSOCIATION,
DOOR NO. 39/3293C/2ND FLOOR,
OP(CAT)Nos.179 of 2018 & 52 of 2019
2
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.SHAJI
S/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.KUNJAMBU
OP(CAT)Nos.179 of 2018 & 52 of 2019
3
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:
OP(CAT)Nos.179 of 2018 & 52 of 2019
4
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 4TH 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 SECRETARY
GOVERNMENT OF INDIA, DEPARTMENT OF PERSONNEL
AND TRAINING,
NEW DELHI.
3 FLAG OFFICER, COMMANDING IN CHIEF
SOUTHERN NAVAL COMMAND,
NAVAL BASE, KOCHI - 682 004.
4 CHIEF STAFF OFFICER
SOUTHERN 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,
OP(CAT)Nos.179 of 2018 & 52 of 2019
5
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 SOUTH P.O.,
ALUVA, ERNAKULAM - 683 580.
2 K.K.BALACHANDRAN
S/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.GEORGE
S/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 PAUL
S/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.
SRI.M.R.HARIRAJ
SRI.K.RAJAGOPAL
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:
OP(CAT)Nos.179 of 2018 & 52 of 2019
6
A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
......................................................
OP(CAT)Nos.179 of 2018 & 52 of 2019
.................................................................
Dated this the 4th 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 5th Central Pay Commission (CPC). On
implementation of the Assured Career Progression Scheme (ACP
OP(CAT)Nos.179 of 2018 & 52 of 2019
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
OP(CAT)Nos.179 of 2018 & 52 of 2019
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
OP(CAT)Nos.179 of 2018 & 52 of 2019
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
OP(CAT)Nos.179 of 2018 & 52 of 2019
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 6th 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 post
held 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.
OP(CAT)Nos.179 of 2018 & 52 of 2019
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
OP(CAT)Nos.179 of 2018 & 52 of 2019
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
dlk/5.1.2023
OP(CAT)Nos.179 of 2018 & 52 of 2019
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 OA
NO.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
OP(CAT)Nos.179 of 2018 & 52 of 2019
(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.
OP(CAT)Nos.179 of 2018 & 52 of 2019
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 4TH
RESPONDENT 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 THIS
OP(CAT)Nos.179 of 2018 & 52 of 2019
HON'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.
