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Central Administrative Tribunal - Ernakulam
K.A. Gopinathan vs Bharath Sanchar Nigam Ltd. on 8 February, 2012



                         ERNAKULAM BENCH

                 Original Application No. 608 of 2011

            Wednesday, this the 8th day of February, 2012


     Hon'ble Mr. Justice P.R Raman, Judicial Member
     Hon'ble Mr. K. George Joseph, Administrative Member

1.  K.A. Gopinathan, S/o. K.V. Ayyappan (Late),
    Aged 58 years, Telecom Mechanic, Telephone Exchange,
    Amalanagar, Amalanagar P.O., Thrissur, residing at
    Koothuparambil House, Chakkalakkal Lane, Kuttur PO,
    Thrissur, 680013.

2.  P. Venugopalan, S/o. Late Kunjunni Nair, Telecom Mechanic,
    aged 57 years, O/o Sub Divisional Engineer, 5 ESS, EIOB,
    residing at Pookkattil House, Pudhurkara, Ayanthole PO,
    Thrissur - 680003.

3.  A.N. Rajan, S/o. Late Narayanan, aged 58 years, System
    Telecom Mechanic, O/o. Sub Divisional Engineer,
    Project Vijay, Irinjalakuda, Thrissur, residing at Ambathiparambil
    House, Pullur PO, Thrissur-680683.                  .....  Applicants

(By Advocate - Mr. P.A. Kumaran)

                                V e r s u s

1.  Bharath Sanchar Nigam Ltd., represented by its Chairman
    and Managing Director, Sanchar Bhavan, New Delhi,

2.  Chief General Manager, Telecom, BSNL,
    Kerala Circle, Trivandrum, Pin-695033.

3.  Principal General Manager, Telecommunication,
    Bharat Sanchar Nigam Ltd, Thrissur SSA, Thrissur,

4.  Union of India, represented by the Secretary to
    Government of India, Department of Communications,
    New Delhi, Pin-110 001.                             ..... Respondents

[By Advocate - Mr. Pradeep Krishna (R1-3)]
     This application having been heard on 08.02.2012, the Tribunal on the

same day delivered the following:

                                 O R D E R

By Hon'ble Mr. Justice P.R Raman, Judicial Member -

The applicants are aggrieved by the refusal on the part of the respondents to resolve the anomaly in the pay fixation by granting them pay equivalent to that of their juniors.

2. Briefly stated facts are as follows:-

2.1 The applicants commenced service as Linemen under Thrissur Division in the erstwhile Department of Telecom with effect from 12.6.1978. Annexure A1 is the true copy of the memo issued by the Assistant Engineer in this regard. Subsequently, they were promoted as Telecom Mechanic on different dates. The first applicant was promoted on 11.4.1994, second applicant on 8.8.1994 and third applicant on 1.3.1996. The first and second applicants were appointed as Telephone/Telecom Mechanics with effect from the aforementioned dates by order No. STA/231-7/13598/7, dated 22.5.1998 issued by the 3rd respondent, Annexure A-2 is the copy of the said order. The 3rd respondent was appointed as Telecom Mechanic on officiating basis which was regularized subsequently with effect from 1.3.1996. Annexure A-3 is the copy of the order dated 29.11.2005. It is the contention of the applicants that Sri T.L. Ouseph, who is junior to all the applicants was promoted as Telcom Mechanic with effect from 20.2.2002. The applicants were drawing pay in the pay scale of Rs. 4000-6000/- as on 1.10.2000. The pay scale of the Telecom Mechanic and SIOP was upgraded as 4000-6000/- and 3200- 4900/- respectively with effect from 1.12.1998. Accordingly, the pay of the applicants was fixed at Rs. 4000/- and despite fixation under FR 22(1)(a)(i) on the date of promotion as Telecom Mechanic the applicants were drawing less than Rs. 4000/- on 1.12.1998. Subsequently, on 2002 the central dearness allowance pay scales were replaced with industrial dearness allowance pay scale retrospectively from 1.10.2000 by Annexure A4. Based on Annexure A4 a point to point fixation was given to the applicants. Accordingly, the applicants' pay was fixed on the IDA scale of Rs. 5700- 160-8100. Due to point fixation done the applicants have the benefits of only one increment in the revised IDA scale. The junior Sri T.L. Ouseph received the benefit of 9 increments because on 1.10.2000 he was still in the lower pay scale applicable to SIOP. A copy of pay fixation memo of Sri T.L. Ouseph in IDA pay scale is Annexure A6. Shri P.S. Vijayan was also given the benefit of 9 increments in the lower CDA pay scale and his pay was fixed at Rs. 6,070/-. Copy of the pay fixation memo of Shri P.S. Vijayan is Annexure A7. It is stated that both Sri T.L. Ouseph and Sri P.S. Vijayan belong to the Thrissur SSA and are juniors to the applicants in the cadre of SIOP and subsequently in the cadre of Telecom Mechanic also. Pursuant to promotion as Telecom Mechanic with effect from 20.2.2002, the pay of Sri T.L.Ouseph and Sri P.S. Vijayan was fixed at Rs. 6,820/- in the pay scale of Rs. 5700-160-8100/-. Copy of the order is produced as Annexure A8. Representations were made by the applicants to rectify the anomaly whereby their juniors were granted higher pay than the seniors like the applicants. Annexures A-9 and A-10 are the representations.

3. It is not necessary to dwell deep into the matters since identical matter has already been considered by this Tribunal and orders have been passed which is at Annexure A-20 produced along with the rejoinder filed by the applicants. The authorities are at agreement that similar benefits as in Annexure A-20 shall be extended to the applicants also.

4. In Annexure A-20 judgment, we have mentioned that the cause of action arose as early as in 2002 but the matter was pending consideration with the anomaly committee until Annexure A10 was issued on 30.8.2010. It was observed that the anomaly in the matter of pay in comparison with that of the juniors is a grievance still pending and therefore, is recurring cause of action for redressal. Therefore, finding that the application is not time barred at the same time since monetary benefits are claimed it has to be limited for a period of three years prior to the filing of the OA. Accordingly, it was held that the applicants pay be fixed with effect from 1.10.2000 at par with juniors in the IDA scale. However, they will be entitled to monetary benefits three years prior to the date of filing the OA i.e. 5.7.2011 and thereafter. In this case the OA is dated 28.6.2011 but filed on 4th July, 2011. Hence, the monetary benefits will be confined to three years prior to the date of filing the OA namely 4th July, 2011.

5. Original Application is allowed as above. No order as to costs.

(K. GEORGE JOSEPH)                                   (JUSTICE P.R RAMAN)
ADMINISTRATIVE MEMBER                                  JUDICIAL MEMBER