Kerala High Court
Vijayan P.R vs Union Of India on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Thursday, the 22nd day of June 2023 / 1st Ashadha, 1945
OP (CAT) NO. 65 OF 2023
AGAINST THE ORDER DATED 01/11/2022 IN OA 524/2020 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH.
PETITIONER/APPLICANT
VIJAYAN P.R, S/O.P.R.RMAKRISHNAN NAIR,AGED 63 YEARS,PRINCIPAL
TECHNICAL OFFICER (RETD)., NATIONAL INSTITUTE OF OCEANOGRAPHY,
COCHIN, RESIDING AT KRISHNAKRIPA, JCRA 176, JAWAN CROSS ROAD, AIMS
PONNEKKARA P.O., COCHIN, PIN - 682041
RESPONDENTS/RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PENSION
AND PENSIONERS' WELFARE, JANPATH BHAWAN, B WING, 8TH FLOOR, NEW
DELHI, PIN - 110001
2. DIRECTOR GENERAL, COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH,
ANUSANDHAN BHAWAN, 2, RAFI MARG, SANSAD MARG AREA, NEW DELHI, PIN -
110001
3. DIRECTOR, NATIONAL INSTITUTE OF OCEANOGRAPHY, DONA PAULA, GOA, PIN -
403004
4. SCIENTIST -IN- CHARGE, NATIONAL INSTITUTE OF OCEANOGRAPHY, REGIONAL
CENTRE, BEHIND HIGH COURT OF KERALA, COCHIN, PIN - 682018
OP (CAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to
direct the respondents to revise the pensionary benefits and pay the
benefits from May 2023 onwards pending disposal of this Original
Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP (CAT) and upon hearing the arguments
of SRI.C.S.GOPALAKRISHNAN NAIR, Advocate for the petitioner and of SRI.S.
MANU, ASG OF INDIA, Advocate for the Respondent No.1, the court passed the
following:
ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
=================================
O.P(CAT) No.65 of 2023
[arising out of the impugned order dated 01.11.2022 in O.A No.524/2020
on the file of the CAT, Ekm.Bench]
&
O.P(CAT) No.67 of 2023
[arising out of the impugned order dated 01.11.2022 in O.A No.34/2020
on the file of the CAT, Ekm.Bench]
=================================
Dated this the 22nd day of June, 2023
ORDER
Notices before admission for all the respondents in both the
above O.Ps, have been taken by Sri.S.Manu, learned Dy. Solicitor
General of India.
2. Sri.C.S.Gopalakrishnan Nair, learned Counsel appearing
for the petitioner herein/applicant in the O.A, would submit that the
matter in issue is fully covered in favour of the petitioner, as per the
dictum laid down by the Apex Court in Ext.P-6 judgment rendered on
11.04.2023 in Civil Appeal No.2471/2023 [arising out of SLP (Civil)
No.6185/2020], in the case Director (Admn. & HR), KPTCL &
Ors. v. C.P.Mundinamani & Ors., etc. That, therein, their
Lordships of the Supreme Court has, inter alia, categorically held in
para 6.7 on internal page 26 thereof, that the view taken by the
Division Bench of the Kerala High Court in Union of India v.
O.P(CAT) Nos.65 & 67 of 2023
Pavithran [O.P(CAT) No.111/2020 decided, as per judgment dated
22.11.2022] [reported in 2023 (1) KLT 200 = 2022 (7) KHC 317 = ILR
2022 (4) Ker. 1009], etc., stands overruled and that, other judgments
rendered by various other High Courts, which were not favourable to
the petitioner, have also been overruled thereby.
3. Sri.S.Manu, learned Dy. Solicitor General of India, wants
time to get instructions and to ascertain as to whether the Rule
considered by the Apex Court in Ext.P-6 verdict is same or pari
materia to the Rule involved in the present case, which is a Central
norm, etc.
4. In that regard, we note, from a reading of para 6.1 of
Ext.P-6 verdict of the Apex Court that the norms considered therein
is Regulation 40(1) of the Karnataka Electricity Board Employees'
Service Regulation, 1997, which reads as follows (see page 12 of
Ext.P-6 judgment) :
"6.1 In the present case, the relevant provisions is Regulation 40(1) of
the Regulations which reads as under :-
"Drawals and postponements of increments
40(1) An increment accrues from the day following that on
which it is earned. An increment that has accrued shall
ordinarily be drawn as a matter of course unless it is
withheld. An increment may be withheld from an employee
by the competent authority, if his conduct has not been good,
or his work has not been satisfactory. In ordering the
O.P(CAT) Nos.65 & 67 of 2023
withholding of an increment, the withholding authority shall
state the period for which it is withheld, and whether the
postponement shall have the effect of postponing future
increments."
5. Whereas, the Rule considered by the Tribunal in the
instant Ext.P-5 verdict is given on para 2 of Ext.P-5, which reads as
follows :
"2. On implementation of the recommendation of the VI th Central Pay
Commission, the Central Civil Services (Revised Pay) Rules, 2008, [CCS(RP)
Rules, 2008 in short] was published giving retrospective effect from 1.1.2006.
By Rule 10 of the CCS (RP) Rules, 2008, a uniform date of annual increment
was formulated as 1st July of every year. The said Rule 10 of CCS (RP) Rules,
2008 read as follows:
"10. Date of next increment in the revised pay structure-
There will be a uniform date of annual increment, viz 1 st July of
every year. Employees completing 6 months and above in the
revised pay structure as on 1 st July will be eligible to be granted the
increment. The first increment after fixation of pay on 1.1.2006 in
the revised pay structure will be granted on 1.7.2006 for those
employees for whom the date of next increment was between 1 st
July, 2006 to 1st January 2007."
6. Both sides, more particularly, the respondents will
immediately get instructions and make submissions before this
Court, as to whether the Rules/norms, considered in Ext.P-6 verdict,
is broadly analogous to the Rule involved in the present case, which is
Rule 10 of CCS (Revised Pay) Rules, 2008.
7. The Registry will place on record a copy of the decision of
the Division Bench of this Court in Union of India v.
Pavithran.K [2023 (1) KLT 200] in this case file, for the perusal of
O.P(CAT) Nos.65 & 67 of 2023
this Court.
List on 18/07/2023 in the Admission List.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C.JAYACHANDRAN, JUDGE
vgd
