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2024 Supreme(Online)(CAT) 14250

CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash VII, J, Mohan Pyare, Administrative Member
R.L. Srivastava – Appellant
Versus
Union of India – Respondent
Original Application No. 1594 of 2015

Advocates:
For the Appellants/Petitioners: Shri M K Upadhyay
For the Respondents: Shri S C Mishra

Implementation of Tribunal directions for pay parity and promotions must strictly follow terms of relied precedents, including specified cutoff date of 1-1-1996 for actual benefits, rejecting claims for earlier retrospective application.

Headnote:(A) Service Law - Pay parity and time-bound promotions - Retired telephone operators in defence establishment sought parity in pay scale from 1-1-1973 with telecommunication department operators and promotions on completion of 16 and 26 years service, with notional fixation and actual benefits from 1-1-1996 - Tribunal in prior OA directed compliance with other benches' orders granting higher scales from entitlement date but actual payment from 1-1-1996 - Compliance orders fixing pay from 1-1-1996 without retrospective promotions quashed sought - Held: Prior directions complied with in letter and spirit as relied precedents directed benefits from 1-1-1996, not 1-1-1973; no further relief as claims beyond precedents unsupported. (Paras 17, 18)

(B) Precedents - Binding nature and scope - Directions to extend benefits per specific tribunal orders must be implemented as per those orders' terms; cannot expand to dates or benefits not granted therein. (Para 17)

Facts of the case:
Retired telephone operators challenged impugned pay fixation orders implementing prior Tribunal direction, claiming parity from 1-1-1973, time-bound promotions from eligibility dates post 16/26 years service, notional pay fixation, and arrears with interest from 1-1-1996, alleging non-compliance with Tribunal's order relying on other benches' decisions.

Findings of Court:
Respondents complied with prior Tribunal order by granting higher pay scales from 1-1-1996 per precedents; no direction in relied cases for benefits from 1-1-1973; claims baseless.

Issues: Whether respondents' implementation of prior Tribunal directions granting pay parity and promotions from 1-1-1996 instead of 1-1-1973 violated precedents; entitlement to retrospective pay parity and promotions beyond specified cutoff.

Ratio Decidendi: Tribunal directions to extend benefits from other benches limit implementation to those orders' terms, including 1-1-1996 cutoff for actual payments despite entitlement dates; no basis to grant parity or promotions from earlier date absent precedent support.

Result: Original Application dismissed being devoid of merits.

Table of Content
1. applicants seek pay parity and promotions for iaf telephone operators. (Para 1 , 2 , 3 , 5)
2. applicants claim parity from 1973 based on prior cat and sc rulings. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. respondents assert compliance with 1996 cutoff per prior orders. (Para 13 , 14)
4. tribunal reviews prior oa 1247/2009 and referenced cat decisions. (Para 15 , 16 , 17)
5. no further relief; prior compliance sufficient, oa dismissed. (Para 18 , 19)

ORDER

(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (J)

Shri M K Upadhyay, learned counsel for the applicant and Shri S C Mishra, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed seeking following relief:

“A. To Issue a writ, order or direction in the nature of certiorari to quash the impugned orders dated 8 May 2013 ( Annexure – A-1 to compilation No 1) passed by Respondent No 1 and dated 24-6-2013 and 07 Jun 2013 (Annexure - A-2 to compilation No 1) passed by Respondent No 3 and 4.

B. To issue a writ, order or direction in the nature of mandamus directing the Respondents to grant parity of pay scale in the scale of pay Rs. 260-480 from 1-1-1973 to the applicants and also grant promotions on completion of 16 and 26 years of service. After making notional fixations at various stages actual benefit of payment of arrears of pay and allowances from 1-1- 1996 be granted to the applicants and due arrears be paid along with interest @ 18% p.a. from the date of due amount to the date of actual payment.

C. To Issue another writ, order or direction in favour of the applicants as deem fit and proper in the circumstances of the case.

D. Award the cost of application in favour of the applicants.”

3. A compendium of the facts as have been narrated in the present original application is that the applicants are aggrieved by the impugned orders dated 08.05.2013, 24.06.2013 and 07.06.2013 passed by the respondents whereby pay fixation has been made. Applicants have alleged that the aforesaid orders are arbitrary as the same were required to be passed in light of the directions issued by the Tribunal in OA No. 1247 of 2009 but the same has not been done and instead the order of the tribunal has been flouted and their respective pays have been fixed wrongly thereby depriving them of certain financial benefits. Thus, by way of the instant original application, applicants have sought the quashing of the aforesaid orders thereby seeking a direction to the respondents to grant parity of pay scale in the scale of pay Rs. 260-480 from 1-1-1973 to the applicants and also grant promotions on completion of 16 and 26 years of service. Prayer has also been made that after making notional fixations at various stages, actual benefit of payment of arrears of pay and allowances from 1-1-1996 be also granted to the applicants and due arrears be paid along with interest.

4. We have heard learned counsels for the parties and perused the documents on record.

5. Disclosing a brief history of the case, learned counsel for the applicant submitted that applicant no. 1 and 2 were appointed as Telephone Operators (CSBOs) in the office of respondent no. 3 on 22.05.1963 and they had completed 16 years of service on 21.05.1979 and 26 years of service on 14.12.1989 and 21.05.1989 respectively. They got superannuated on 21.12.2003 and 31.12.1998 respectively. Similarly, applicant no. 3, 4 and 5 were appointed in the office of respondent no. 4 as Telephone Operators (CSBOs) on 11.05.1968, 01.07.1965 and 01.07.1965 respectively. They had completed 16 years of service on 11.03.1984, 01.07.1981 and 01.07.1981 respectively and 26 years of service on 11.03.1994, 01.07.1991 and 01.07.1991 respectively. They got superannuated on 31.10.2000, 31.07.2003 and 30.11.2003 respectively.

6. Learned counsel for the applicant further argued that all the applicants have been agitating for parity in pay scales with the Telephone Operators of Telecommunication de

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2024 Supreme(Online)(CAT) 14250

CENTRAL ADMINISTRATIVE TRIBUNALOm Prakash VII, J, Mohan Pyare, Administrative MemberR.L. Srivastava – AppellantVersusUnion of India – RespondentOriginal Application No. 1594 of 2015

Implementation of Tribunal directions for pay parity and promotions must strictly follow terms of relied precedents, including specified cutoff date of 1-1-1996 for actual benefits, rejecting claims for earlier retrospective application.

CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash VII, J, Mohan Pyare, Administrative Member
R.L. Srivastava – Appellant
Versus
Union of India – Respondent
Original Application No. 1594 of 2015