CENTRAL
ADMINISTRATIVE TRIBUNAL
BANGALORE
BENCH, BANGALORE
ORIGINAL APPLICATION No.449/2011
DATED THIS
THE TH DAY OF .............. , 2012
HON'BLE
Dr. K.B. SURESH ... MEMBER(J)
HON'BLE
SMT LEENA MEHENDALE ... MEMBER(A)
1. G.
Rajendra,
S/o late
Gopala Rao,
Aged
about 68 years,
R/at
No.10, NAL Layout,
East End
Road, Jayanagar 4T Block,
Bangalore – 560 041.
2. S.P.
Jagadeeswarachar,
S/o Late
Puttakalachar,
Aged
about 62 years,
R/at
No.1729 7/1, 1st E Main,
D Block,
Rajajinagar,
Bangalore – 560 010.
3. G.
Narayan,
S/o Late
P.S. Govindarajan,
Aged
about 67 years,
R/at
3501, 14th Main, HAL 2nd Stage,
Bangalore – 560 008.
4. V.
Kanagarajan,
S/o
Velayutham,
Aged
about 66 years,
R/at
575, 1-A Main Road, Srinagar
(Old 15th
Main Hanumanth Nagar),
Bangalore – 560 050.
5. Dr.
Shivaraj S. Desai,
S/o Sri S.S.
Desai,
Aged
about 68 years,
R/at 35,
UAS Layout, 7th Cross,
Sanjaynagar, Bangalore – 560 096.
6. Prof.
M.D. Deshpande,
S/o
Donodorao Deshpande,
Aged 64
years,
Head,
Research,
M.S.
Ramaiah School of Advanced Studies,
# 470-P
Peenya Industrial Area,
4th
Phase, Bangalore – 560 058.
7. Dr. T.R.
Shembharkar,
S/o
Shankar Rao Shembharkar,
Aged
about 62 years,
R/at
Behind M.P. Lodge, Old Bus Stand,
Ganeshram Nagar, Raipur – 49200 (C.G.)
8. N.R. Basavaraju,
S/o N.C.
Rajappa,
Aged
about 62 years,
R/at 79,
100 ft. Ring Road,
B.S.K. 3rd
Phase, 5th Block,
Opp.
ICICI Bank, Bangalore – 560 085.
9. Dr. M.S.
Rajamurthy,
S/o M.
Shamiah Raju,
Aged
about 65 years,
R/at #
44, 'Anuradha', NAL Layout,
Eastend
Main Road, 4th 'T' Block,
Jayanagar, Bangalore – 560 041.
10. Dr. T.S. Kannan,
S/o T.V.
Srinivasan,
Aged
about 69 years,
R/at
548, 'Srinivas', 6A-Cross,
10th
Main, HAL 3rd Stage,
New
Thippasandra post,
Bangalore – 560 075.
11. Dr. J.R. Raol,
S/o
Shree R.M. Raol,
Aged
about 64 years,
R/at #
202, 'Tejiratan',
Talakaveri Nagar, 8th Cross,
(Near
Basavanagar),
Bangalore – 560 037.
12. M. Subba Rao,
S/o M.
Muthyalu,
Aged
about 65 years,
R/at
432/D, 10th Cross, 21st Main,
J.P.
Nagar, 2nd Phase,
Bangalore – 560 078.
13. Padma Madhuranath,
W/o M.
Madhuranath,
aged
about 62 years,
R/at
499, 13th Main, 21st Cross,
BSK 2nd
Stage, Bangalore – 560 070.
14. Dr. V. Krishnamoorthy,
S/o S.
Viswanathan,
Aged
about 64 years,
R/at 8,
NAL Layout, East End Main Road,
4 'T'
Block, Jayanagar, Bangalore – 560 041.
15. D.V. Venkatasubramanyam,
S/o D.R.
Venkateshaiah,
Aged
about 63 years,
R/at
No.192, Kathriguppa East,
Banashankari Third Stage,
Bangalore – 560 085.
16. Dr. S. Ramamurthy,
S/o V.
Srinivasan,
Aged
about 60 years,
R/at
No.45, N.R. Layout,
Konena
Agrahara,
Bangalore – 560 017.
17. Dr. M. SHIVAKUMARA sWAMY,
S/o B. Maribasappa,
Aged
about 72 years,
R/at
No.35, 2nd Cross, Indiranagar 2nd Stage,
Bangalore – 560 038.
18. Dr. K. Yegnanarayan,
S/o late
Sri Y. Krishna Swamy,
Aged
about 64 years,
R/at
No.303, Meenakshi Apartments,
45,
Ranga Rao Road, Bangalore – 560 004.
19. Dr. Mrs. Kalyani Vijayan,
W/o
Prof. M. Vijayan,
Aged
about 69 years,
R/at
195, 16th Cross, 4th Main,
Malleswaram, Bangalore – 560 055.
20. M.S. Ramachandra,
S/o late
M.N. Subramanyam,
Aged
about 65 years,
R/at
No.25, NAL Layout, East End Main Road,
Jayanagar 4 'T' Block,
Bangalore – 560 041.
21. Dr. M. Krishna Murthy,
S/o Late
M.K. Dhondu Rao,
Aged
about 67 years,
R/at
No.271, 3rd Main Road,
J.P.
Nagar, 3rd Phase,
Bangalore – 560 078.
22. Dr. T.G. Ramesh,
S/o T.S.
Gundappa,
Aged about
63 years,
R/at
1314, 7th Main Road,
West of
Chord Road,
Bangalore – 560 086.
23. Dr. S. Viswanath,
S/o C.
Srikantaiah,
Aged
about 64 years,
R/at
No.83, Krishna Road,
Gruhalakshmi Colony, I Stage,
Bangalore – 560 079.
24. S.J. Krishna Murthy,
S/o Late
Janne Thimmiah,
Aged
about 62 years,
R/at
No.16, Prakruthi NAL Layout,
Est End
Road, Jayanagar 4 'T' Block,
Bangalore – 560 041.
25. Dr. R.V. Krishnan,
S/o Sri
R.V. Viswanathan,
Aged
about 67 years,
R/at
No.45, 6th Main Road, Malleswaram,
Bangalore – 560 003.
26. Dr. M.R. Madhava,
S/o Dr.
M.N. Ramaswamy,
Aged
about 62 years,
R/at
No.427, 19 B Cross, 2nd Link Road,
3rd
Block, Jayangar, Bangalore = 560 011.
27.Dr. R.M.V. Gopala Krishna Rao,
S/o Sri
R.M.V. Janaki Rao,
Aged
about 64 years,
R/at
No.1667, 16th 'A' Main, 5th Cross,
J.P.Nagar 2nd Phase, Bangalore – 560 078.
28. R. Rangarajan,
S/o Sri
S. Ramakrishnan,
Aged
about 64 years,
R/at
No.58, NAL Layout,
East End
Main Road, Jayanagar 4T Block,
Bangalore – 560 041.
29.P.S. Gopalakrishnan,
S/o P.H.
Sankaranarayanan,
Aged about
67 years,
R/at
N9.964, 3rd Cross, 1st Main,
HAL 3rd
Stage, Bangalore – 560 007.
30.H. Sundara Murthy,
S/o M.
Hanumantha Setty,
Aged
about 67 years,
R/at
No.350, 1st D Cross, 3rd Main, 6th Block,
2nd
Phase, BSK 3rd Stage, Bangalore – 560 085.
31.Dr. S.N. Seshadri,
S/o Late
C. Narayana Iyengar,
Aged
about 68 years,
R/at
No.11, NAL Layout, East End Main Road,
Jayangar
4T Block, Bangalore – 560 041.
32.A. Pourassamy,
S/o M.
Annamalai,
Aged
about 63 years,
R/at
No.1051/NAL/2008-909,
G-10,
LAA Lavender Apartment,
Old
Mangammana Palya Road,
Bommanahalli, Bangalore – 560 068.
33.M.S. Chidananda,
S/o Late
M. Shankarappa,
Aged
about 64 years,
R/at
No.773, 36 Cross, Jayanagar 4T Block,
Bangalore – 560 041.
34.C. Chandrashekar,
S/o C.
Chikkanna,
Aged
about 62 years,
R/at
No.1433, 11th Cross, 1st D Main,
Kengeri
Satellite Town, Bangalore – 560 060.
35.P.R. Viswanath,
S/o .A.
Ramakrishna,
Aged
about 65 years,
R/at
No.145, 10A Cross, J.P. Nagr I Phase,
Bangalore – 560 078.
36.Dr. J.J. Issac,
S/o T.C.
Isaac,
Aged
about 64 years,
R/at
No.50, 2nd Cross, Wheeler Road,
Frazer
Town, Bangalore – 560 005.
37.Dr. N.B. Mathur,
S/o Shri
Bhupendra Behari Mathur,
Aged
about 62 years,
R/at
No.144, Lake Shore Homes,
Kasavanhalli (Amrita Engg.College Road,),
Off
Sarjapur Road, Bangalore – 560 035.
38.Dr. V. Arunkumar,
S/o V.H.
Vyasamurthy,
Aged
about 61 years,
R/at
No448, 44th Cross, 8th Block,
Jayanagar, Bangalore – 560 082.
39.Dr. Sudha Mahadevan,
S/o
Mahadvan,
Aged
about 60 years,
R/at
No.21, Friss Cross Road, Sundarnagar,
Bangalore – 560 054.
40.Dr. K.S. Rajam,
S/o
K.R.S. Sastri,
Aged
about 62 years,
R/at
No.2, Anugraham, NAL Layout,
East End
Main Road, Jayanagar 4T Block,
Bangalore – 560 041.
41.Dr.rajnaj Moodithaya,
S/o K.
Parameswar Moodithaya,
Aged
about 63 years,
R/at
No.361, Kavery, 29 A Main, 10th Cross,
HSR
Layout (Agara), Bangalore – 560 102.
42.M.V.A. Murthy,
S/o M.
Vasudevachar,
Aged
about 62 years,
R/at
No.3814, 12th Cross,
(7th
Cross, C.T. Bed), BSK 2nd Stage,
Bangalore – 560 070.
43.Sekhar Majumdar,
S/o Late
D.P. Majumdar,
Aged
about 64 years,
R/at
No.B 413, Ntasha Golf View Apartment,
Intermediate Ring Road, Domlur,
Bangalore – 560 071.
44.Dr. Sajeer Ahmed,
S/o C.
Ebrahim,
Aged
about 62 years,
R/at
No.429, 4th Main Road,
6th
Block, BSK 3rd Stage,
Bangalore – 560 085.
45.Quamber H. Nagpurwala,
S/o
Yusuf Ali Nagpurwala,
Aged
about 66 years,
R/at
No.Flat 301, Srivari Classic Apts,
1st
Main 2nd Cross, Vinayaka Nagar,
Murgeshpalya, Bangalore – 560 017.
46.Dr. R. Balasubramanyam,
S/o
Ramakrishna Iyer,
Aged
about 63 years,
R/at
No.808, "Mayurapriya",
7th
Main, 1st Cross, HAL 2nd Stage,
Indiranagar, Bangalore – 560 008.
47.K.M. Mruthunjaya Swamy,
S/o N.
Murugaiah,
Aged
abot 61 years,
R/at
No.90, NAL Layout, East End Main Road,
Jayangar
4T Block, Bangalore – 560 041. ... Applicants
(By
Advocate Shri Srinivas M.A.)
Vs.
1. The Union of India,
Rep. By
Ministry of Science & Technology,
Technology Bhavan, New Mehrauli Road,
New
Delhi.
2. Director General,
Council
of Scientific and Industrial Research (CSIR),
"Anusandhan Bhavan, 2, Rafee Ahmed Kidwai Marg,
New Delhi
– 110 001. ... Respondents
(By
Advocate Shri M. Vasudeva Rao,
Senior
Central Govt. Standing Council)
O R D E R
Hon'ble Smt. Leena Mehendale, Member (A) :
This OA filed on 26.9.2011 under
Section 19 of the Administrative Tribunals Act, 1985, by the 47 Scientists
working in the CSIR (Council of Scientific and Industrial Research), Ministry
of Science & Technology, has a very
short compass, whether the special pay allowed to them over and above the basic
pay and the Grade pay given under the VI Central Pay Commission is to be
counted for the purpose of Pension or not.
2. It is the contention of Respondents
No.1 and 2 that under the recommendations of VI Central Pay Commission, pay
includes only the basic pay in the pay scale and the Grade pay, but, it does
not include special pay (Annexure-R/1 for definition of Special pay). Even though the DRDO (Defence Research &
Development Organization), under the Ministry of Defence has granted the
benefit of special pay towards Pension
during the period ov V CPC, such a policy has not been adopted by the Ministry
of Finance as a general policy applicable to all departments. However, the Ministry of Science &
Technology has also not yet adopted such a policy.
3. From the detailed arguments of the
learned counsel for the applicants, it appears that a special dispensation by
way of special pay has been granted to the Scientists of the Ministry of
Defence during their service period and the benefit of the same has been
carried over to even their Pension. The
applicants would rely on Annexure-A/1-(1) to A/8(6).
4. We have gone through Annexure A/8-1, an
order of the Principal Bench of this Tribunal in OA No.1153/2002, dated
14.5.2003, which is prior to the VI Pay Commission. The order quotes a Presidential order for
space Scientists of ISRO and a method of peer review for eligibility for
special pay and a direction is given to the Respondent department to reconsider
the matter and take appropriate decision in the matter of including the grant
of special pay towards pension for Scientists Gr.'H' in the department of
Space/ISRO "keeping in view the aforesaid observations". Thus, this order is only a direction to
consider and that too restricted only to Scientists of ISRO.
5. The 2nd OA at
Annexure/8-(2), which is an order of the co-ordinate Bench at Hyderabad, in OA
No.184/2006, dated 24.6.2007, is again an order to the DRDO to reconsider the
case of their Scientists and if it is found that they are similarly situated to
the applicants in OA No.1153/2002 of the Principal Bench, then, to extend the
benefit. The other 4 judgments also
pertained to DRDO and rely on OA No.184/2006 above and finding that Ministry of
Defence having already accepted the example of ISRO, all the O.As arising from
the Officers of DRDO, have been allowed by various Benches. Thus, the origin of all these 6 O.As quoted
by the applicants lies on OA No.1153/2002 before the Principal Bench and that
order was limited to ISRO and has been adopted only by DRDO.
6. In view of this and in view of the fact
that the Ministry of Defence has granted such a benefit to the pensioner Scientists
working in the DRDO, we direct the Respondents No.1 and 2 to take a reasonable
and considered decision in consultation with the concerned Ministries within 3
months time.
7. With the above observation, the OA is
disposed of. No order as to costs.
(LEENA
MEHENDALE) (K.B. SURESH)
MEMBER (A) MEMBER (J)
psp.
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