Kerala High Court
Beena. K. Nair vs Union Of India on 11 June, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
OP (CAT) NO. 54 OF 2024
AGAINST THE ORDER DATED 09.08.2023 IN OA NO.636 OF 2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONER(S)/APPLICANT IN OA :
BEENA. K. NAIR, AGED 47 YEARS
W/O. RISHIKESAN. R.V., SR. TRANSLATOR,
CENTRAL INSTITUTE OF FISHERIES NAUTICAL &
ENGINEERING TRAINING, (CIFNET), FINE ARTS AVENUE,
COCHIN 682016, RESIDING AT "PRARTHANA",
KRPS 19-A,THYPARAMBIL LANE, KATTITHARA ROAD,
MARADU PO,KOCHI 682304., PIN - 682304
BY ADVS. SHAFIK M.A.
GIRIJA P.
MARIYAM SUHANA LUQMAN
AL HENA SAFEER
RESPONDENT(S)/RESPONDENTS IN OA :
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF AGRICULTURE, KRISHI BHAVAN,
NEW DELHI, PIN - 110011
2 THE DIRECTOR,
CENTRAL INSTITUTE OF FISHERIES NAUTICAL &
ENGINEERING TRAINING, (CIFNET),
FINE ARTS AVENUE, COCHIN, PIN - 682016
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 11.06.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(CAT) No.54 of 2024 2
AMIT RAWAL & EASWARAN S. , JJ.
-------------------------
O.P.(CAT) No.54 of 2024
-----------------------------------
Dated this the 11th day of June 2024
JUDGMENT
EASWARAN S., J.
Repeated refusal on the part of the Central Administrative
Tribunal in following the judgments rendered by this Court has
resulted in the present Original Petition (CAT).
2. The Union of India as well as the Central Administrative
Tribunal are squarely responsible for the plight of the applicant
which resulted in the multiple litigation undertaken by her to claim
the rightful benefits entitled to her.
3. With the above facts in the backdrop, we proceed to
analyse the case on hand.
4. The applicant approached the Central Administrative
Tribunal aggrieved by the fixation of pay as evidenced from
Annexures A1 to A3. The applicant was selected for appointment
as a Junior Hindi Translator in the examination conducted by the
Staff Selection Commission in the year 2001. She joined service as
a Junior Hindi Translator (Group-C Non Gazetted) on 24.9.2001 in
the pay scale of Rs.5000-150-8000. After two years of probation,
her services would be confirmed. Consequent to the introduction
of the 5th Central Pay Commission Recommendation, the applicant
was given the scale of pay of Rs.5500-9000. On 10.11.2006, the
applicant was promoted as a Senior Hindi Translator in the pay
scale of Rs.5500-9000. After a series of litigation, the pay of the
applicant was upgraded to the scale of pay of Rs.5500-175-9000
as per Annexure A10 Memo dated 7.8.2009. While so, the
probation of the applicant was declared as satisfactory with effect
from 09.11.2008. Consequently, on 18.01.2017, the pay fixation
order in respect of the applicant was issued. According to the
applicant, as per the 6th Central Pay Commission Report, the scale
of pay of Rs.5000-8000, 5500-9000 and 6500-10500 were
merged and given replacement scale in pay band-2 at Rs.9300-
34800 with grade pay of Rs.4200/-. As per the Office
Memorandum dated 13.11.2009, it was clarified that in case it was
not feasible to merge to the scale on functional consideration, the
posts in the scale of Rs.5000-8000 and Rs.5500-9000 should be
merged with the posts in the scale of Rs.6500-10500 being
upgraded to the next higher grade in the pay band -2 with grade
pay of Rs.4600/- corresponding to the pre revised scale of
Rs.7450-11500. Pursuant to the said Office Memorandum, Hindi
Translators working in the same grade as that of the applicant in
the office under the same Ministry were placed in the scale of pay
of Rs.7450-11500 with effect from 01.01.2006 and was given the
replacement scale of Rs.9300-34800 with Grade Pay of Rs.4600/-.
It is further contended that the Hindi Translator of other institutes,
FSI under the same Ministry has been denied the same benefit
and the grant of Grade Pay of Rs.4800- 5400 on implementation
of MACP Scheme. This resulted in O.A No.107 of 2011 being filed
and Annexure 16 judgment was rendered. As against Annexure
A16 judgment, O.P.(CAT) No.467 of 2012 was filed which was
dismissed on 21.6.2012 and, thereafter, SLP (Civil) No.28536 of
2012 was also dismissed by the Honourable Supreme Court on
15.10.2012. Despite the categoric pronouncement of law as done
by the Central Administrative Tribunal as well as by this Court, the
benefits were not given by the Union of India, which resulted in
O.A. No.656 of 2012 and O.A. No.953 of 2012 being filed by
similarly situated Junior Hindi Translators for the release of the
Grade Pay of Rs.4600/-. The aforesaid Original Applications were
allowed by the Full Bench of the Central Administrative Tribunal on
14.10.2013. Challenging that O.P.(CAT) No.142 of 2014 was filed
in which, the High Court had confirmed that the Junior Hindi
Translators are entitled for Grade Pay of Rs.4600 with effect from
01.01.2006. Despite these categoric pronouncement, the
department did not sanction the grade pay of the applicant and
hence, the representation dated 28.4.2017 was given and since
no action was taken, a reminder was filed on 29.12.2017. Despite
the reminders, the Union of India did not take any further action
and hence, the applicant approached the Central Administrative
Tribunal by claiming the following reliefs:
(1) TO CALL FOR THE RECORDS RELATING TO ANNEXURE A-1
TO A-3, TO QUASH A-1 TO A-3 AND TO DECLARE THAT THE
APPLICANT IS ENTITLED FOR THE SCALE OF PAY OF RS.9300-
34800 WITH GRADE PAY OF RS. 4600/-WITH EFFECT FROM
1.1.2006 AS PER A-16 & A-18 ORDERS OF THIS HON'BLE
TRIBUNAL:
(ii) TO DIRECT THE RESPONDENTS TO GRANT THE 1ST
FINANCIAL UPGRADATION WITH EFFECT FROM 24.9.2011 ON
COMPLETION OF 10 YEARS TO THE GRADE PAY OF RS. 4800/-
AND TO CONTINUE THE FIXATION OF PAY WITH GRADE PAY
OF Rs. 4800/- IN THE PAY BAND OF Rs.9300-34800/-ON
PROMOTION AND TO GRANT ALL CONSEQUENTIAL FIXATIONS
AND ENHANCEMENTS:
(iii) TO DIRECT THE RESPONDENTS TO RE-FIX THE PAY OF
THE APPLICANT, WITH GRADE PAY OF Rs. 4600/- WITH
EFFECT FROM 1.1.2006 AND WITH GRADE PAY OF RS.4800/-
WITH EFFECT FROM 24.9.2011 AND TO DRAW ALL
CONSEQUENTIAL ARREARS WITH 18% PENAL INTEREST.
(iv) TO ISSUE SUCH OTHER APPROPRIATE ORDERS OR
DIRECTIONS THIS HON'BLE COURT MAY DEEM FIT, JUST AND
PROPER IN THE CIRCUMSTANCES OF THE CASE, AND
(v) TO GRANT THE COSTS OF THIS ORIGINAL APPLICATION.
5. The respondents resisted the claim on the ground that the
petitioner is not entitled to any relief especially since there is no
illegality in the pay fixation order. It is contended that the grade
pay of the petitioner was rightly fixed in pay band 2 and therefore,
it does not call for any interference at the hands of the Central
Administrative Tribunal. It was further submitted that since the
applicant was granted the 2nd upgradation of pay under the MACP
Scheme to the next level in the hierarchy, i.e., level 8 of the pay
band revision with effect from 10.11.2016, she was not entitled
for the grade pay. It was further contended that even if it is
presumed that the post of Junior Hindi Translator is placed in the
pay band 2 of Rs.9300-34800 with grade pay of Rs.4600/- with
effect from 01.1.2006, the applicant will not be eligible for
alteration or further enhancement in the financial upgradation
given as per Annexure A12 for the following reasons. Paragraph
No.8 of Annexure A1 of DOPT OM dated 19.5.2009 stipulates that
promotions earned in the post carrying the same grade pay in the
promotional hierarchy and recruitment rules shall be counted for
the purpose of MACPS and, therefore, in view of the provision in
the MACP Scheme, the promotion that the applicant earned in the
past carrying the same grade pay in the promotional hierarchy as
per the recruitment rules shall be counted for the purpose of
MACPS. The promotion of the applicant from the post of Junior
Hindi Translator to that of the post of Senior Hindi Translator vide
Annexure A6 is in the promotional hierarchy as per the
recruitment rules and falls within the ambit of the above
provisions of the MACP Scheme. Hence the applicant earned
promotion in the same grade pay and the same will be counted as
one financial upgradation and therefore, the non grant of grade
pay was correct.
6. Analysing the materials and pleadings on record, the
Tribunal came to the conclusion that the applicant was entitled to
the pay band of Rs.9300-34800 with grade pay of Rs.4600/- with
effect from 01.1.2006. However, in relation to the fixation of
grade pay after her regular promotion as Senior Hindi Translator
with effect from 10.11.2006, the Tribunal found that the grade
pay was rightly fixed at Rs.4600/- and the financial upgradation
granted to her and the promotion with effect from 10.11.2006 has
to be considered and offset against the MACP Scheme is valid.
7. We have heard Sri. Shafik M.A., the learned counsel
appearing for the petitioner and Sri.T.C. Krishna, the learned
counsel appearing for the respondents.
8. We have considered the rival submissions raised across
the Bar and have perused the documents produced along with the
Original Petition.
9. Consequent to the 6th Central Pay Commission, there was
merger of scale of pay. Consequent to which, the Junior Hindi
Translator was placed in the pay band of Rs.7450-11500 with a
grade pay of Rs.4600/- with effect from 01.1.2006. No doubt, the
petitioner was promoted from the post of Junior Hindi Translator
to Senior Hindi Translator on 10.11.2006. Consequent to that
scale of pay being fixed at Rs.7450-11500 in pay band-2 with
Grade pay of Rs.4600/-, necessarily the petitioner was entitled to
have corresponding pay scale fixed for the post of Senior Hindi
Translator. This was the precise issue which had gained attention
of this Court in O.P.(CAT) No.142 of 2014. Once it is admitted that
the scale of pay of Rs.5000-8000, RS. 5500-9000 and Rs.6500-
10500 were merged and was given in the replacement scale in pay
band-2 with Rs.9300-34800 with a grade pay of Rs.4200/- and
that higher grade pay of Rs.4600/- was also granted, it only
presupposes the first financial upgradation in the ACP Scale. It
only evidences the 1st upgradation granted to the applicant in the
post of Junior Hindi Translator was under the ACP Scheme. The
essential claim made by the applicant in the Original Application
was that she was eligible to be granted the initial grade pay of
Rs.4600/- with effect from 01.1.2006 in the post of Junior Hindi
Translator and on this basis she was also entitled for consequential
benefits including arrears of pay at the revised ACP Regulations.
The claim of incumbents in the post of Junior Hindi Translator for
the 1st and 2nd financial upgradation can be considered only with
reference to the initial grade pay in the post of Junior Hindi
Translator. It is indisputable that, after the 6 th Central Pay
Commission in respect of financial upgradation as per MACPS, it is
not the pay scale that undergoes upward the revision but only the
revision as evident from the scheme. It is in this backdrop that the
order of the Tribunal in O.A. No.107/2011 has to be analysed. In
the final order in O.A. No.107/2011, the Tribunal found that the
incumbent holding the post of Junior Hindi Translator was entitled
for an upgraded pay of Rs.4800/- by way of first financial
upgradation in the MACP with a further grade pay of Rs.5400/-
consequent to the 2nd financial upgradation in the post of Junior
Hindi Teacher as per MACP Scheme. This view of the Tribunal has
been concluded in O.P.(CAT) No.467 of 2012 and also by the
dismissal of S.L.P(Civil) No.28536 of 2012.
10. According to the respondents, the initial grade of pay of
Junior Hindi Translator held by the applicant was only Rs.4200/-
and, on this basis, it was contended that such incumbent would be
entitled for the first and second upgradation to the post of Junior
Hindi Translator with grade pay of Rs.4600/- and Rs.4800/-
respectively and, this being a policy decision, cannot be interfered
by the courts. However, it is pertinent to note that the said
contention was overruled by the Tribunal in the earlier
proceedings and also by the Division Bench in the judgment
referred to above.
11. Equally, we are not impressed by the above argument
especially when this Court had already rejected the claim in O.P.
(CAT) No.142 of 2014 and granted the relief to the applicants
therein. We see no grounds to deffer from the findings rendered
by this Court in O.P.(CAT) No.142 of 2014. Accordingly, we are of
the considered view that the Tribunal erred in not granting the
relief and finding that the fixation of grade pay of Rs.4600/- in the
post of Senior Hindi Translator in pay band of Rs.9300-34800 was
valid. Accordingly, we set aside the order passed by the Tribunal
to that extent. It is declared that the applicant is entitled to have
the pay fixed in the scale of Rs.9300-34800 with grade pay of
Rs.4600/- with effect from 1.1.2006. Accordingly, we direct the
respondents to refix the pay of the applicant with grade pay of
Rs.4600/- with effect from 1.1.2006 and Grade pay of Rs.4800/-
with effect from 24.9.2011 and draw all consequential benefits
and release the same to the petitioner within a period of two
months from the date of receipt of a copy of this judgment.
Needless to say the said amount is not released in the aforesaid
period, the same would carry interest at the rate of 18% per
annum from 01.1.2006 till the same is released.
This Original Petition is allowed as above. No order as to
costs.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN S., JUDGE
NS
APPENDIX OF OP (CAT) 54/2024
PETITIONER ANNEXURES
Annexure-A1 TRUE COPY OF THE ORDER F. NO. 1-3/2007- ADM DATED
10.5.2019 ISSUED BY THE SR. A.O. OF THE 2ND
RESPONDENT
Annexure-A2 TRUE COPY OF THE ORDER F. NO. 3-39/2018 ADMN V
DATED 25.7.2018 ISSUED BY THE UNDER SECRETARY OF
THE 1ST RESPONDENT
Annexure-A3 TRUE COPY OF THE MEMO NO. 35-1/2013-ADM DATED
14.11.2018 ISSUED BY THE ASST. DIRECTOR OF THE 2ND
RESPONDENT
Annexure-A4 TRUE COPY OF THE OFFICE ORDER NO. F.13-1/97 ADM
DATED 19.03.2002 ISSUED BY THE SR. A.O. OF THE 2ND
RESPONDENT
Annexure-A5 TRUE COPY OF THE PAY FIXATION ORDER F. NO. 1-6/97-
ADM.VOL. IV DATED 28.7.2005 ISSUED BY THE CHIEF
INSTRUCTOR OF THE 2ND RESPONDENT.
Annexure-A6 TRUE COPY OF THE OFFICE ORDER NO. 13-25/06-ADM
DATED 9.11.2006 BY THE 2ND RESPONDENT
Annexure-A7 TRUE COPY OF THE PAY FIXATION ORDER F. NO.1-4/98-
ADM DATED 27.12.2006 ISSUED BY THE CHIEF
INSTRUCTOR OF THE 2ND RESPONDENT.
Annexure-A8 TRUECOPY OF THE ORDER DATED 25.7.2007 OF THIS
HON'BLE TRIBUNAL IN O.A.NO. 595/2005
Annexure-A9 TRUE COPY OF THE JUDGMENT OF THE
HIGH COURT DATED 18.8.2008 IN W.P.(C).NO.
Annexure- TRUE COPY OF THE PAY FIXATION MEMO F. NO. 1-4/2008
A10 ADM DATED 7.8.2009 ISSUED BY THE SR. AO OF THE 2ND
RESPONDENT.
Annexure- TRUE COPY OF THE OFFICE ORDER F. NO. 1-5/2013-ADM
A11 DATED 1.5.2014 ISSUED BY THE 2ND RESPONDENT
Annexure- TRUE COPY OF THE OFFICE ORDER
A12 NO.35-1/2013-ADM DATED 13.12.2016 ISSUED
BY THE 2ND RESPONDENT
Annexure- TRUE COPY OF THE PAY FIXATION
A13 ORDER F. NO. 1-1/2009-ADM DATED 18.1.2017
ISSUED BY THE 2ND RESPONDENT
Annexure- TRUE COPY OF THE OM
A14 F.NO.1/1/2008-IC DATED 13.11.2009 ISSUED
BY THE DEPT OF EXPENDITURE, MINISTRY OF FINANCE
Annexure- TRUE COPY OF THE OFFICE ORDER
A15 NO.14/2010 ISSUED AS PER ORDER NO. A1/1-2/2008.
PART II/1097 DATED 22.3.2010 ISSUED BY
THE DIRECTOR, NIFPHATT
Annexure- TRUE COPY OF THE ORDER DATED 27.9.2011 OF THIS
A16 HON'BLE TRIBUNAL IN O.A. NO. 107/2011
Annexure- TRUE COPY OF THE JUDGMENT DATED 21.6.2012 OF THE
A17 HON'BLE HIGH COURT IN O.P.(C.A.T) NO. 467/2012
Annexure- TRUE COPY OF THE ORDER DATED 14.10.2013 OF THE
A18 FULL BENCH OF THIS HON'BLE TRIBUNAL IN O.A. NO.
Annexure- TRUE COPY OF THE JUDGMENT DATED 1.4.2015 OF THE
A19 HON'BLE HIGH COURT IN O.P(CAT) NO. 142/2014.
Annexure- TRUE COPY OF THE REPRESENTATION DATED 28.4.2017
A20 SUBMITTED BY THE APPLICANT
Annexure- TRUE COPY OF THE REPRESENTATION
A21 DATED 29.12.2017 SUBMITTED BY THE APPLICANT
Annexure-R1 TRUE COPY OF THE O.M. NO. 1/1/2008-IC DATED
24-11.2008
Annexure-R2 TRUE COPY OF THE O.M. NO. 1/1/2008-IC DATED 27-
11.2008
Annexure-R3 TRUE COPY OF THE VIDE NOTE NO. 9-1/2019-ACCTS DATED
26-08-2019
Exhibit-P1 TRUE COPY OF THE ORIGINAL APPLICATION IN O.A.
180/636/2019 FILED BEFORE THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM
Exhibit-P2 TRUE COPY OF THE REPLY STATEMENT DATED 14.11.2019
FILED BY THE RESPONDENTS IN O.A. NO. 180/636/2019
Exhibit-P3 TRUE COPY OF THE ORDER DATED 9.8.2023 OF THE C.A.T.
IN O.A. NO. 180/636/2019.
