Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(CAT) 7828

CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. K. V. Eapen, Administrative Member, Mr. K. Haripal, Judicial Member
Bhanumati Nair, Staff Nurse, ESIC Model & Super Speciality Hospital, Asramam, Kollam-691 002 – Appellant
Versus
Medical Superintendent, ESIC Model & Super Speciality Hospital, Asramam, Kollam-691 002 – Respondent
Original Application No.180/00799/2018

Advocates:
For the Appellants/Petitioners: Mr. P.K. Madhusoodhanan, Mr. Binoy Krishna P.M.
For the Respondents: Mr. T. V. Ajayakumar, Mrs. P.K.Latha, ACGSC

The tribunal ruled that pay fixation post-Inter Regional Transfer must protect Grade Pay as part of basic pay under existing rules, emphasizing fairness and application of precedents.

Headnote:(A) Inter Regional Transfer (IRT) Policy Application - Pay fixation after transfer to a lower post - Determination of pay protection upon transfer involving reduction in Grade Pay - CCS (Revised Pay) Rules, 2008 - Rule 3(8) provides that ‘Basic Pay’ includes Pay Band plus Grade Pay, necessitating protection upon transfer. (Paras 2, 8, 16, 18)

(B) Equal treatment and Fairness in Transfers - Employees' rights concerning pay protection must be upheld as per applicable rules and previous Tribunal decisions - Previous Orders in OA No.461/2011 and OA No.440/2012 reiterate protection should extend to Grade Pay earned through service longevity, irrespective of transfer nature. (Paras 15, 17, 20)

Facts of the case:
The applicant sought relief against her reduced Grade Pay after an IRT from her post as Nursing Sister to Staff Nurse, asserting that the CCS (Revised Pay) Rules mandate pay preservation, ignoring arbitrary reductions denied without due process. (Paras 3, 6)

Findings of Court:
The Tribunal found the reduction of Grade Pay unjustifiable, affirming the applicant's entitlements under the MACP, awarding backdated adjustments to be released within three months. (Paras 19, 20)

Issues: Were the conditions related to the IRT appropriately applied against the applicant's established entitlements for Grade Pay?

Ratio Decidendi: The court determined that the policies for pay fixation must uniformly apply, given established legal precedents favoring employee rights to maintain earned benefits upon transfer. (Paras 16, 20)

Result: Relief is accordingly allowed, requiring re-fixation of benefits within stipulated time.

Table of Content
1. overview of applicant's background and pay fixation post transfer. (Para 1 , 2 , 3)
2. argument concerning the preservation of grade pay under existing policies. (Para 4 , 5 , 6)
3. discussion of tribunal decision and relevant rulings regarding pay protection. (Para 7 , 11 , 12 , 13)
4. conclusion involving the mandatory protection of grade pay and ruling specifics. (Para 14 , 15 , 16 , 17 , 18)

ORDER

Mr. K.V. Eapen, Administrative Member

This Original Application is similar to the series of OAs filed by employees in the matter of pay fixation after Inter Regional Transfers on own request in various organizations. Generally, the common theme is that, their pay which was last drawn in the original place of posting (including the 6^th Central Pay Commission, Grade Pay) is to be fully protected in all respects even after reversion to a lower post at bottom seniority after joining in the new place of posting. We also note that by and large this Tribunal has been supporting the contention made by the applicants in these OAs though the facts and circumstances may vary in each case.

2. The case of the applicant in this OA is on similar lines. Here the organisation concerned is the Employees State Insurance Corporation(ESIC). The applicant had been appointed as a Staff Nurse on 31.12.1991 in the Employees State Insurance (ESI) Hospital, Basaidarapur, New Delhi in the scale of pay of Rs.1400- 2600/-. She states that she was promoted as Nursing Sister in the year 2002. After the implementation of the 6th Central Pay Commission (CPC) recommendations, her pay was fixed at Rs.13,160/- in Pay Band-2 (PB- 2) Rs.9300-34800/- with a Grade Pay of Rs.4800/- with effect from 01.01.2006. After completion of 20 years of service she was granted the Modified Assured Career Progression (MACP) Scheme 2^nd financial upgradation. Her pay was then fixed at Rs.17380/- with a Grade Pay of Rs.5400/-, making a total pay of Rs.22,780/-, as per the office order dated 25.02.2012 issued by the ESI Hospital, Basaidarapur, Ring Road, New Delhi, produced at Annexure A-1.

3. The applicant submits that she had applied for an Inter Regional Transfer (IRT) to Kerala. The 3rd respondent, DG, ESIC had approved the same and she was transferred to the ESIC Hospital at Parippally, Kollam. In the transfer office order dated 19.04.2012 issued by ESIC, Head Quarters and produced at Annexure A-2, it has been indicated that her pay may be fixed as per instructions issued by Head-Quarters Office, vide letter No.A-33/19/OR/2003 E-II dated 16.03.2012 in accordance with the Department of Personnel & Training (DoPT) instructions No.13/9/2009-Estt (Pay-I) dated 21.10.2009. These two letters have been produced by the respondents along with their reply statement at Annexures R1(a) and R1(b). However, the applicant has not referred to them in the OA. Whatever be the case, the applicant joined duty on 26.04.2012 at the new place of posting after the relieving order dated 24.04.2012, produced at Annexure A-3, was issued. A condition specified in the relieving order (at point-2) was that the transferee would be ranked junior most to all the officials in the respective base cadre on the date of joining in the new place of posting. Further, it was indicated in the Annexure A-3 relieving order which had followed the transfer order at Annexure A-2 that the post of the applicant would be changed from that of 'Nursing Sister' to that of 'Staff Nurse'.

4. The applicant has produced at Annexure A-4 a copy of the IRT policy dated 21.10.2010 for nursing/paramedical staff. Her last pay certificate issued by ESI Hospital, Basaidarapur, New Delhi giving details of the pay drawn on proceeding on transfer from Basaidarapur to Parippally has also been produced at Annexure A-5. The certificate shows that her pay at the time of release was Rs.17,380/- with a Grade Pay of Rs.5400/- and that the posting now ordered was as 'Staff Nurse'. It is contended by the applicant that, without regard to the stipu

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