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2025 DIGILAW 438 (KER)

Abdul Salam. m v. Union Of India

2025-03-04

AMIT RAWAL, K.V.JAYAKUMAR

body2025
JUDGMENT : (Amit Rawal, J.) 1. The present O.P.(CAT) is directed against the judgment of the Central Administrative Tribunal dated 19.11.2018 in O.A.No.176 of 2015 whereby the following claim of the petitioner – applicant has been rejected: “(i) Call for the records relating to the issuance of Annexure A14 and 17 and quash the same as the same is passed without application of mind or giving an opportunity of hearing to the applicant. (ii) Declare that the respondents are liable to consider the applicant’s basic pay as per terms of Promotion Order dated 19.9.2005, Office Memorandum dated 13/9/2008 and Office Memorandum dated 19/3/2012 and 3/1/2013 for the purpose of fixation of pay under the 6 th Central pay commission and to grand all further benefits there under. (iii) Award costs of and incidental to this application; (iv) Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case” 2. From perusal of the aforementioned claim, challenge was laid to the order Annexure – A14 dated 02.07.2013, the contents of which is extracted hereinbelow: With reference to his representation dated 01.02.2013, fore revised option for fixation of pay in terms of VSSC Circular No.1-141/2013-Estt(H) dated January 28, 2013, Shri Abdul Salam M, SC No.10090, Senior Project Assistant, STS/MVIT is informed that he has been given the most beneficial fixation as per orders on the subject and he is not eligible for any further benefits. This issues with the approval of Competent Authority and disposes of his representation dated 01/02/201.” 3. On perusal of the above, it is evident that the case of the petitioner for granting the benefit of increment in terms of circular dated 28.01.2013 has been rejected. The fact remains that the petitioner vide Annexure - A1 on 19.09.2005 was promoted as Project Assistant and his next increment as per the aforementioned office order was due on 01.02.2006 and other one on 01.02.2007. The contents of Annexure – A1 dated 19.09.2005 reads as under: Consequent on his promotion to the post of Project Assistant in the scale of pay of Rs.600-200-10500/- issued vide Office Order No.VSSC/EST/F/1(9) dt. 01.09.2005, Shri Abdul Salam M, SC No.10090, has assumed charge of the post of Project Assistant with effect from 01.09.2005 (FN). The contents of Annexure – A1 dated 19.09.2005 reads as under: Consequent on his promotion to the post of Project Assistant in the scale of pay of Rs.600-200-10500/- issued vide Office Order No.VSSC/EST/F/1(9) dt. 01.09.2005, Shri Abdul Salam M, SC No.10090, has assumed charge of the post of Project Assistant with effect from 01.09.2005 (FN). Accordingly, his pay in the promoted post of Project Assistant in the scale of Rs.6500-200-10500/- is fixed, based on option exercised in terms of Clause under FR 22(1)(a)(1), as detailed below: Basic Pay With effect from Rs. 7,500/- 01.09.2005(FN) Rs.7,900/- 01.02.2006 He will draw next increment on 01.02.2007 unless otherwise notified. 4. Sixth Pay Commission came into force vide Annexure – A2 dated 30.08.2008 and all the increments were made exigible with effect from 1 st of July of every year. Five(5) months were due for claiming the increment of July, 2006, petitioner and similarly situated persons were aggrieved of such denial. In order to bring succor to such employees, the Ministry of Finance, Department of Expenditure, Government of India, came out with an office memorandum dated 19.03.2012. The contents of the same reads as under: In accordance with the provisions contained in Rule 10 of the CCS (RP) Rules, 2008, 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 of 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 1 st January, 2007. 2. The Staff side has represented on this issue and has requested that those employees who were due to get their annual increment between February to June during 2006 may be granted one increment on 01.01.2006 in the pre-revised scale. 3. 2. The Staff side has represented on this issue and has requested that those employees who were due to get their annual increment between February to June during 2006 may be granted one increment on 01.01.2006 in the pre-revised scale. 3. On further consideration and in exercise of the powers available under CCS(RP) Rules, 2008, the President is pleased to decide that in relaxation of stipulation under Rule 10 of these Rules, those central government employees who were due to get their annual increment between February to June during 2006 may be granted one increment on 1.1.2006 in the pre-revised pay scale as a one time measure and thereafter will get the next increment in the revised pay structure on 1.7.2006 as per Rule 10 of CCS(RP) Rules, 2008. The pay of the eligible employees may be re-fixed accordingly. 4. In so far as the persons serving in the Indian Audit and Account Department are concerned, these orders are issued in consultation with the Comptroller & Auditor General of India. 5. On perusal of the above, it is evident that it had taken into consideration the claim of the persons whose increment was due between February to June during 2006. Concededly, as per Annexure – A1 dated 19.09.2005 first increment of the petitioner on promotion was due in July, 2006 and next in February, 2007. The aforementioned office memorandum was implemented by the Government of India vide order dated 03.01.2013 Annexure – A12, paragraph No.4 of the same reads as under: 4. The matter has been considered by the Government and having regard to the fact that the provisions of the aforesaid OM dated 19.3.2012 bring about a material change in the basic for exercise of option to come over to the revised pay structure in terms of the CCS(RP) Rules, 2008 in respect of employees who are covered under the said OM dated 19.3.2012, the President is pleased to decide that all those employees who are covered under the provisions of the aforesaid OM dated 19.3.2012 may once again be permitted to re-exercise their option to come over to the Revised pay structure. 6. Vikram Sarabhai Space Centre (VSSC) had also issued a circular dated 28.01.2013 adopting the OM aforementioned. 6. Vikram Sarabhai Space Centre (VSSC) had also issued a circular dated 28.01.2013 adopting the OM aforementioned. The same reads as under: “The Department of Space vide communication No.A.12079/3/2006 dated 10.01.2013 has endorsed a copy of the OM No.10/2/2011-E-III(A) dated 03.01.2013 of Ministry of Finance, Department of Expenditure regarding re-exercise of option under Rules 6(2) of the Central Services (Revised Pay) Rules, 2008 in case of those employees who got one increment in the pre- revised scale in term of OM No.10/2/2011-E-III(A) dated 19.03.2012 i.e., those employees who were due to get their annual increment between February 2006 to June in the pre-revised scale. Copies of the above Oms have been posted in the VSSC intranet/enclosed for ready reference. The benefit of re-exercise of option shall be available for a period upto 31/3/2013. Accordingly, those employees who are specifically covered under the above referred OM dated 19.3.2012 and are willing to re- exercise their option (option from is enclosed) to come over to the Revised pay Structure (VI CPC) may exercise the same on or before 31.03.2013 for further process. The revised option shall be intimated to Senior /Administrative Officer, Establishment Section (Head of Office).” 7. Learned Tribunal, by noticing the contention of the counsel representing the Union that the petitioner had exercised the option for the next increment due to be in February, 2007, rejected the case by relying upon the previous O.M. dated 13.09.2008 which had no relevancy in view of the O.M.s dated 19.03.2012 and 03.01.2013. Even otherwise, as per the option available on record as Annexure A33, petitioner had given the option with effect from 01.02.2006 and not from 01.02.2007. We are of the view that the finding of the Tribunal are totally opaque, aberrative and repugnant for the reason that the O.Ms as extracted above have not been taken into consideration in correct perspective as petitioner had fallen within the category of exempted employees whereby the Government of India granted succor to those employees who were due to get their increments in July, 2006. 8. There is no representation on behalf of the respondents despite the matter was heard on various dates except on one date the counsel for the respondent had appeared and thereafter not appeared. 9. 8. There is no representation on behalf of the respondents despite the matter was heard on various dates except on one date the counsel for the respondent had appeared and thereafter not appeared. 9. Accordingly, we set aside the order of the Tribunal, set aside Annexure-A1 and direct the respondents to grant the benefit of the increments as per the O.M.s dated 19.03.2012, 03.01.2013 and circular dated 28.01.2013 adopted by the employer, within a period of two(2) months from the date of receipt of copy of this judgment. O.P.(CAT) stands allowed.