Satish Chandra vs Union Of India & Ors.

Present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunal Act seeking the following reliefs:

Brief facts of the case are that the applicant was initially appointed as Tax Assistant (TA) and further promoted as Senior Tax Assistant on 01.08.2011. A DPC was convened for promotion to the post of Inspector against the regular vacancies of different vacancy years including 2004-05. Vide order dated 16.06.2015 the applicant was promoted as Inspector in pay band of Rs.9300-34800/- plus GP of Rs.4600/-. He assumed the charge of Inspector on 25.05.2015. Subsequently, on 19.02.2021, respondent No.3 issued a reassignment/ demotion order (Annexure No. A-3) after the Review DPC for the vacancy year 2002-03 to 2016 demoting the applicant among others to the post of Senior Tax Assistant. Simultaneously another office establishment order was issued on the same day i.e. 19.02.2021 whereby the Inspectors who were demoted by the abovementioned order were allowed adhoc promotion on the post of Inspector and it was further directed that on promotion they will retain their present place of posting. The name of the applicant figured at Sl.57 of the aforesaid list (Annexure No. A-4). As a consequence of the subsequent order dated 19.02.2021, the applicant was allowed to regularly work on the same place of posting and the emoluments that the applicant was receiving also remained intact.

The applicant was due for retirement from service on 31.08.2022 and as such pension papers were prepared and forwarded to the office of respondent No.5. On 01.07.2022, the office of respondent No.5 issued a letter to respondent No.6 returning the pension paper of the applicant with certain observations including - “Pay fixation must be done in accordance with Estt Order No. I/A/CCSC/12/2021 & Estt Order No.1/A/CCSC/13/2021 dated 19.02.2021 and recovery of the excess pay & allowances thereof, if any.” and to resubmit the pension papers after doing the needful for further necessary action. On 11.07.2022 the applicant was intimated about the observation made by the respondent No.5 vide their letter dated 01.07.2022 and he was directed to furnish the documents as required in terms of the said letter. The applicant in compliance thereto submitted all the documents as required by the aforesaid letter. Thereafter, vide order dated 28.07.2022, the office of respondent No.6 in reference to the letter dated 01.07.2022 replied to respondent No.5 and observed that the establishment orders are under consideration/ litigation and no guidelines are issued by CCA, Lucknow or headquarter Kanpur regarding pay fixation and recovery, therefore, the pay fixation cannot be done without proper guidelines by the competent authority. Vide order dated 05.08.2022, the Senior Accounts Officer, under respondent No.5, issued a letter to respondent No.6 and submitted that “The Pension case could be settled only after fresh pay fixation in accordance with the Estt. Order dated 19.02.2021. The other commissionerates under jurisdiction of O/o Pr. CCA, Lucknow are disposing off pension cases as per the aforesaid order. You are requested to kindly settle the pension case in accordance with the same after making necessary recovery, if any. Once the payment of pensionary benefits is made it is not feasible to recover excess payment.”

I have heard learned counsel appearing for the parties.

Submission of learned counsel for the applicants is that various Original Applications were filed before this Tribunal challenging the order dated 19.02.2021. He further states that it is a well settled principle that once promotion is granted on regular and substantive basis, no order of demotion could be passed without giving a proper notice and adequate and reasonable opportunity of hearing. He states that the order dated 19.02.2021 was issued without affording an opportunity of hearing to the applicant, however, when subsequent establishment order dated 19.02.2021 was passed, the applicant was allowed adhoc promotion as a consequence of the same and he was allowed to retain the post of Inspector and there was no effect on the pay and allowance that he was drawing prior to the said order. A bare perusal of the Establishment order No.1/A/CCSC/12/2021 and 1/A/CCSC/13/2021 dated 19.02.2021 would clearly go to show that it does not talk about any demotion/pay fixation and in fact pursuant to that no action could be taken towards pay fixation of the applicant as the pay and emoluments payable to the applicant remained intact. Learned counsel for the applicant further submits that it is well settled that the pension of the government servant is determined on the basis of pay drawn by him for a specified period. Moreso, the order of demotion as well as further promotion does not talk about any pay fixation which the respondents have agitated while finalizing the pension and post retiral benefits of the applicant. He states that respondent No.6, vide his letter dated 28.07.2022, had clearly submitted that so far as both the letters dated 19.02.2021 are concerned, they do not speak about any reversion, demotion or pay fixation and unless there is a specific order of demotion and consequent pay fixation and recovery after giving due opportunity to the applicant, revising the pay at the time of settlement of pension is illegal, arbitrary and unsustainable in the eyes of law. He also informs that the Original Application filed before this Tribunal against the order dated 19.02.2021 has already been allowed vide order dated 27.04.2023 passed in O.A./272/2021 (Rakesh Kumar Patel and others Vs. Union of India and others) and pleads that the pension case of the applicant should be proceeded as such in accordance with the rules. Thus, a request was made to allow the present Original Application.

Submission of learned counsel for the respondents is that as per record no such order dated 11.07.2022 was passed by the Administrative Officer, CGST & Central Excise Division Farrukhabad (respondent no.6) and this is a simple letter and in this letter certain observations/ simple objections notices by the Pay and Accounts Officer CGST & Central Excise Kanpur office of the Controller General of Accounts, Ministry of Finance Department of Expenditure, Ministry of Finance, Government of India were communicated to the applicant for rectification. He further states that the judgement passed by this Tribunal on 27.04.2023 in O.A./272/2021 (Rakesh Kumar Patel and others Vs. Union of India and others) against the order dated 19.02.2021 has been challenged before the Hon’ble High Court of Allahabad through Writ A-No.13849/2023. However, he states that he is agreeable to making the payment of the post retiral dues to the applicant in terms of the Tribunal’s judgement dated 27.04.2023 subject to the final outcome of the aforementioned Writ Petition to which learned counsel for the applicant has also agreed.

I have considered the rival submissions of learned counsel for the parties and perused the entire record.

The operative para 33 of the order dated 27.04.2023 passed by this Tribunal in O.A./272/2021 (Rakesh Kumar Patel and others Vs. Union of India and others) and the connected matters reads as under:

In view of the above and also taking into consideration the fact that both the parties are agreeable to the payment of post retiral dues to the applicant for the post admitted to the respondents subject to the final outcome in OA No. 3996 of 2018 pending before the Principal Bench of this Tribunal and the final decision in Writ A-No.13849/2023 pending before the Hon’ble High Court, this O.A. is disposed of with the direction to the respondents to make the payment of the post retiral dues to the applicant in terms of this Tribunal’s judgement dated 27.04.2023 in O.A./272/2021 (Rakesh Kumar Patel and others Vs. Union of India and others) and the connected matters which shall remain subject to the final outcomes of O.A./3996/2018 pending before the Principal Bench of this Tribunal and Writ A-No.13849/2023 pending before the Hon’ble High Court. All associated M.As. also stand disposed of accordingly. No costs.