Sunday, November 5, 2017

Bom OA 444/2010 on ?????

Bom OA 444/2010 on ?????
(Draft received from dictation given to Bala)

CENTRAL ADMINISTRATIVE TRIBUNAL,
BOMBAY BENCH, MUMBAI,
CAMP AT GOA.

ORIGINAL APPLICATION NO.444/2010
This the day of , 2011
Coram : Hon'ble Shri Justice V.K.Bali,
Chairman,

Hon'ble Smt.Leena Mehandale,

Member (A).
Arezhi Sreedharan,
Flat No.1,
Villa Bambina,
Mamgor Hill,
Vasco-da-Gama,
Goa – 403 802. ...Applicant.
(By Advocate Shri G.Vijaychandran)

V/s.
1) Union of India through
The Secretary,
Ministry of Defence,
Room No.198,
South Block,
New delhi – 110 011.
2) Chief Personnel,
Directorate of Civil Personnel
Services, Integrated HQRS,
Ministry of Defence (Navy),
Sena Bhavan,
New Delhi – 110 011.
3) Flag Officer Commanding-in-Chief,
Headquarters,
Western Naval Command,
Shahid Bhagatsingh Road,
Mumbai – 400 001.
4) The Flag Officer Goa Area,
Headquarters, Goa Naval Area,
Vasco-da-Gama,
Goa – 403 802. ...Respondents.
(By Advocate Shri M.Amonkar)
: O R D E R (ORAL) :

{Leena Mehandale, Member (A)}
This OA is filed on 24.6.2010
under Section 19 of the Administrative
Tribunals Act, 1985.
2. The undisputed facts of the case are
that, the applicant who joined his
service in the Civilian Section of
Indian Navy on 27.5.1969 was to
superannuate on 30.6.2009 on attaining
the age of 60 years. During the earlier
part of his service, his date of
increment was falling on 1

st May. His

last promotion received w.e.f. 26

th May,
2008 to the post of Office
Superintendent with respect to which his
next due increment would have been on 1
st
May, 2009. However, in pursuance of the
VIth Pay Commission recommendations, his
pay in the rank of Assistant was fixed
at Rs.12,090/- with Grade Pay of
Rs.4,200/- in the Pay Band – 2 of
Rs.9,300-34,800 w.e.f. 1.1.2006 and the
next date of increment w.e.f. 1.7.2006
as opted by the applicant. Thus, even
though the applicant was promoted as
Office Superintendent on 26.5.2008 and
his pay was fixed at Rs.13,090/-
notionally with Grade Pay of Rs.4,200/-
w.e.f. 25.5.2008. The date of next
increment remained as 1

st July.
Accordingly his pay was refixed at

Rs.14,150/- w.e.f. 1.7.2008. Both the
parties are in agreement about this
factual position.
3. It is, thus clear that, the
applicant got his last increment on
1.7.2008 bringing his pay to Rs.14,150/-
w.e.f. 1.7.2008 and he would have got
his next increment on 1.7.2009. But, he
retired just on the previous day viz.
30.6.2009 after having rendered one
complete year's service with that pay.
4. It is the case of the applicant that
he is entitled to an increment for the
service rendered from 1.7.2008 to
30.6.2009. Had he continued in the
service for just one day, he would have
been able to claim his increment for the
service rendered in future i.e. beyond
1.7.2009. However, the applicant would
like to make a distinction between the
entitlement for increment which is in
respect of rendering future service and
the right to pensionary benefit which is
in respect of the service rendered in
past. This is a peculiar case where the
applicant has rendered one complete year
of service in a particular grade, but
his pensionary benefit would be counted
only as if he had not completed the full
one year service. The argument from the
applicant's side is that since
pensionary benefits are eligible for the

reason of past service rendered,
therefore the applicant should be held
as entitled to the pensionary benefits
as if he had been granted his increment
which was due on 1.7.2009.
5. The argument of the Respondents was
that the Rule for next increment is very
clear and he has not been given
increment on 1.7.2009 as he had already
superannuated from the service on
30.6.2009. The increment accrues only
from 1

st day following that on which it

is earned.
6. Thus, we find that a very fine
distinction is sought to be made in this
case. The applicant claims that the
increment is earned by him at the end of
30.6.2009, whereas the Respondents claim
that the increment accrues only on
1.7.2009. Thus, it is the question that
while the benefits are earned by way of
past one year's service on 30.6.2009.
But the accrual of increment will happen
only on 1.7.2009. The Rule is very
clear that in case he continues in
service further than 1.7.2009, then his
salary will be drawn by giving the
effect of the increment that accrued on
1.7.2009. But, this Rule does not
specifically say anything about the
pensionary benefits which are arising

out of the service rendered and
increment earned which has happened on
30.6.2009.
7. In view of this finer distinction
made out by the applicant and also
following the principles of natural
justice, viz. that when the Rules are
silent on the particular question then
they may be interpreted in such a way as
to give rightful benefit to the
applicant. Here we find that the
applicant has rendered service to the
Government for more than 40 years and in
view of the last one years's service he
has defenitely rendered his service for
one complete year in the scale of
Rs.14,150/- given to him on 1.7.2008.
Hence, we have no hesitation to allow
the application. Ordered accordingly.

(LEENA MEHANDALE)           (V.K.BALI)
MEMBER (A)                              CHAIRMAN


B.

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