SOME IMPORTANT POINTS IN FR 22(1) (a) (1) & COURT DIRECTIONS/ORDERS
The clarification for "F.R 17
(1) Subject to any exception specifically made in this rules and to the provision of sub rule (2) an officer shall begin to draw the pay and allowances attached to his tenure of a post with effect from the date when he assumes the duties of the post, and shall case to draw them as soon as he ceases to discharge those duties;
Provided that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence
(2) The date from which a person recruited overseas shall commence to draw pay on first appointment shall be determined by the general or special orders of the authority by whom he is appointed
F.R 22(1)(a)(1) reads as under
"The initial pay of a government servant who is appointed to a post on a time scale of pay is regulated as follows ;
(a)(1) Where a government servant holding a post , other than a tenure post , in a substantive or temporary or officiating capacity is promoted or appointed in a substantive , temporary or officiating capacity, as the case may be , subject to the fulfillment of the eligibility conditions as prescribed in the relevant Relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him , his initial pay in the time scale of the higher post shall be fixed at the stage next above the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which such pay has accrued or whichever is more ."
F.R. 35 reads as under
"The Central Government may fix the pay of officiating Government servant at an amount less than that admissible under these rules."
The applicants have further submitted that they fulfilled the eligibility conditions for appointment to the post of JTO in all respects and the said post carries duties and responsibilities of greater importance than the post of TTA .As such there pay cannot be fixed at an amount less than the pay admissible to
JTO under the rules. They have also relied upon the Exhibit P-23 judgement of the Hon'ble High Court of Kerala in P.J.Nelson and others v/s The Chairman and M.D,BSNL, New Delhi,in W.p.(C) No.
35938/2005(S) where in the petitioners therein were similarly placed as the applicants.The Hon'ble High Court held as under
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
NEW DELHI
Reng CA-3213/09,MA-1941/09
BSNL officers Association & ORS Applicant.Versus BSNL Respondents
The BSNL further issued an Offoce Order dated 13.5.2004 in terms of which the TTAs who had successfully completed JTO Phase-I training were to be promoted temporarily to officiate locally as JTOs with immediate effect with minimum benefit of Rs.1000/- as per FR-35
It is the contention of the counsel that since the applicants were holding substantive post of TTAs and officiating and discharging higher responsibility of the post of JTO , their pay should have been fixed according to the FR 22(1)(a)(i) as the applicants satisfied all the stipulations contained therein.She also submits that the issue involved in this OA has already been decided by the Ernakulam Bench of this Tribunal in TA Nos. 84 to 97 of 2008[ M.V.Salilakkumar & Ors. v . The Chairman & Managing Director & Ors .], decider on 15.07.2009. A copy of the Judgement has been enclosed at Annexure P6. She has further stated that the respondents have already implemented the said Judgement and that the Chief General Manager Telecom M.P. Circle Bhopal has also fixed pay scales of officiating JTOs under Fundamental Rules 22(1)(a)(i) read with Fundamental Rule 26.
In view of the aforesaid submissions , without going into the merits of the case, we are of the view that the interest of justice would be met, if the present OA is disposed of, at the admission stage itself , by directing the respondents to examine whether the cases of the applicants are covered by the aforesaid decision of the Ernakulam Bench(referred to above ), and to pass appropriate orders accordingly, and if it is found otherwise to pass a reasoned and speaking order in the matter, under intimation to the applicants. This may be done within four weeks from the date of receipt of a copy of this order . Order accordingly. No costs.
(Dr.Dharan Paul Sharma) (Shailendra Pandey)
Member (J) Member(A)
Central Administrative Tribunal Principal Bench
OA 1282/2010
New Delhi, this the 26th day of August,2010
Hon'ble Mr. Justice V.K.Bali,Chairman
Hon'ble Mr. L.K.Joshi,,Vice Chairman(A)
ORDER(ORAL)
Justice V.K.Bali,Chairman:
BSNL Officers Association (Regd) and Mr. N.Kabir Das have filed this Original Application under Section 19 of the Administrative Tribunals Act,1985 seeking to quash order No.3-the matter of M.V.Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors.(supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by the respondents in Kerala
(L.K.Joshi) (V.K .Bali)
Vice Chairman(A) Chairman
The applicants are performing duties attached to the posts of JTOs having higher responsibilities.There is no dispute in this regard.Hence these T.As succeed.Consequently , we set aside the Annexure P25 and P26 orders dated 20.11.2007 and 4.122.2007 respectively.Respondents are directed not to recover the pay and allowances already paid to the applicants in the scale of pay of JTO .They are further directed to continue to pay to applicants pay and allowances due to them in the scale of pay of JTO as per Rule 22(1)(a)(1) of Fundamental Rules
With the aforesaid directions , these T.As are allowed .There shall be no orders as to costs
K.NOORJEHAN GEORGE PARACKEN
ADM INISTRATIVE MEMBER JUDICIAL MEMBER
BSNL LETTER TO N.KABEER DAS AND BSNL OFFICERS ASSOCIATION
No. 3-2/2009-Pers-IV Dated 5/1/2010
Sub-Implementation of Hon'ble CAT Ernakulum Bench judgement dated 15.07.2009 in TA No 84 to 97 of 2009 for 2173 JTO officiating Officials all over India -reg
Kindly refer to the order dated 11/1/2009 of the Hon'ble CAT Principal Bench in OA No.3213 of 2009 filed by BSNL Officers Association and you . In compliance with the order /directions of Hon'ble Tribunal, the request in the matter made in your said representation at Annexure A-8 of the OA has been examined in details and I am directed to inform you as follows
As officiating orders are not fulfilling the eligibility condition viz-a-viz the prescribed pre-appointment training as per rule 5(2) of JTO recruitment rules 1996,they are entitled for pay fixation under FR 35 as per the provisions of GOI order 3 below FR 35 , DOPT OM No. 1/10/89-Estt(pay-I) dated 22.10.1990. It may be added that provisions of FR 35 are not individual to any case, rather depending upon the nature of case the relevant provision of FR SR are attracted.
Moreover , as per the direction given by Hon'ble High Court of No. WA No. 2427/2006, a speaking order was issued vide BSNL letter No.3-Gen/2/2006-Pers.IV dated 20.11.2007 clarifying that as the officiating officers do not fulfill the eligibility condition viz-a-viz the prescribed pre-appointment training as provided under rule 5(2) of JTO Recruitment Rule 1996,their pay has been restricted under FR 35 as per the provisions of GOI order 3 below under FR 35 , DOPT OM No. 1/10/89-estt(pay I) dated 22.01.1990.But , a few officiating JTO's of Kerala circle approached the Hon'ble High Court of Kerala by filing some Writ petitions challenging inter-alia the speaking order dated 20/11/2007 mentioned above.The cases were subsequently transferred to CAT Ernakulam Bench which vide its judgment dated 15/07/2009 has quashed the speaking order
BSNL has not accepted the judgement dated 15/07/2009 of Hon'ble CAT ,Ernakulam and has initiated necessary action for challenging the said judgement before the Hon'ble High Court of Kerala.In view of the foregoing , it is to regret , that it will not be possible for BSNL at this stage , to conceive your request for fixing the pay of officiating JTO's without restriction under FR 35
This issues with the approval of competent authority .
(P.M VERMA)
BSNL LETTER challenged in Central Administrative Tribunal Principal Bench New Delhi through MA 3082/2010
BSNL submitted RA.125/2011
FOR DIRECTION (i.e MA'S/RA'S)
In the final hearing on 30/08/2011 court no.1 serial no. 19 RA.125/2011 dismissed and judgement passed for implementation of FR 22(1)(a)(1) .
Waiting for judgement details
NEW DELHI
Reng CA-3213/09,MA-1941/09
BSNL officers Association & ORS Applicant.Versus BSNL Respondents
The BSNL further issued an Offoce Order dated 13.5.2004 in terms of which the TTAs who had successfully completed JTO Phase-I training were to be promoted temporarily to officiate locally as JTOs with immediate effect with minimum benefit of Rs.1000/- as per FR-35
It is the contention of the counsel that since the applicants were holding substantive post of TTAs and officiating and discharging higher responsibility of the post of JTO , their pay should have been fixed according to the FR 22(1)(a)(i) as the applicants satisfied all the stipulations contained therein.She also submits that the issue involved in this OA has already been decided by the Ernakulam Bench of this Tribunal in TA Nos. 84 to 97 of 2008[ M.V.Salilakkumar & Ors. v . The Chairman & Managing Director & Ors .], decider on 15.07.2009. A copy of the Judgement has been enclosed at Annexure P6. She has further stated that the respondents have already implemented the said Judgement and that the Chief General Manager Telecom M.P. Circle Bhopal has also fixed pay scales of officiating JTOs under Fundamental Rules 22(1)(a)(i) read with Fundamental Rule 26.
In view of the aforesaid submissions , without going into the merits of the case, we are of the view that the interest of justice would be met, if the present OA is disposed of, at the admission stage itself , by directing the respondents to examine whether the cases of the applicants are covered by the aforesaid decision of the Ernakulam Bench(referred to above ), and to pass appropriate orders accordingly, and if it is found otherwise to pass a reasoned and speaking order in the matter, under intimation to the applicants. This may be done within four weeks from the date of receipt of a copy of this order . Order accordingly. No costs.
(Dr.Dharan Paul Sharma) (Shailendra Pandey)
Member (J) Member(A)
Central Administrative Tribunal Principal Bench
OA 1282/2010
New Delhi, this the 26th day of August,2010
Hon'ble Mr. Justice V.K.Bali,Chairman
Hon'ble Mr. L.K.Joshi,,Vice Chairman(A)
ORDER(ORAL)
Justice V.K.Bali,Chairman:
BSNL Officers Association (Regd) and Mr. N.Kabir Das have filed this Original Application under Section 19 of the Administrative Tribunals Act,1985 seeking to quash order No.3-the matter of M.V.Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors.(supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by the respondents in Kerala
(L.K.Joshi) (V.K .Bali)
Vice Chairman(A) Chairman
The applicants are performing duties attached to the posts of JTOs having higher responsibilities.There is no dispute in this regard.Hence these T.As succeed.Consequently , we set aside the Annexure P25 and P26 orders dated 20.11.2007 and 4.122.2007 respectively.Respondents are directed not to recover the pay and allowances already paid to the applicants in the scale of pay of JTO .They are further directed to continue to pay to applicants pay and allowances due to them in the scale of pay of JTO as per Rule 22(1)(a)(1) of Fundamental Rules
With the aforesaid directions , these T.As are allowed .There shall be no orders as to costs
K.NOORJEHAN GEORGE PARACKEN
ADM INISTRATIVE MEMBER JUDICIAL MEMBER
BSNL LETTER TO N.KABEER DAS AND BSNL OFFICERS ASSOCIATION
No. 3-2/2009-Pers-IV Dated 5/1/2010
Sub-Implementation of Hon'ble CAT Ernakulum Bench judgement dated 15.07.2009 in TA No 84 to 97 of 2009 for 2173 JTO officiating Officials all over India -reg
Kindly refer to the order dated 11/1/2009 of the Hon'ble CAT Principal Bench in OA No.3213 of 2009 filed by BSNL Officers Association and you . In compliance with the order /directions of Hon'ble Tribunal, the request in the matter made in your said representation at Annexure A-8 of the OA has been examined in details and I am directed to inform you as follows
As officiating orders are not fulfilling the eligibility condition viz-a-viz the prescribed pre-appointment training as per rule 5(2) of JTO recruitment rules 1996,they are entitled for pay fixation under FR 35 as per the provisions of GOI order 3 below FR 35 , DOPT OM No. 1/10/89-Estt(pay-I) dated 22.10.1990. It may be added that provisions of FR 35 are not individual to any case, rather depending upon the nature of case the relevant provision of FR SR are attracted.
Moreover , as per the direction given by Hon'ble High Court of No. WA No. 2427/2006, a speaking order was issued vide BSNL letter No.3-Gen/2/2006-Pers.IV dated 20.11.2007 clarifying that as the officiating officers do not fulfill the eligibility condition viz-a-viz the prescribed pre-appointment training as provided under rule 5(2) of JTO Recruitment Rule 1996,their pay has been restricted under FR 35 as per the provisions of GOI order 3 below under FR 35 , DOPT OM No. 1/10/89-estt(pay I) dated 22.01.1990.But , a few officiating JTO's of Kerala circle approached the Hon'ble High Court of Kerala by filing some Writ petitions challenging inter-alia the speaking order dated 20/11/2007 mentioned above.The cases were subsequently transferred to CAT Ernakulam Bench which vide its judgment dated 15/07/2009 has quashed the speaking order
BSNL has not accepted the judgement dated 15/07/2009 of Hon'ble CAT ,Ernakulam and has initiated necessary action for challenging the said judgement before the Hon'ble High Court of Kerala.In view of the foregoing , it is to regret , that it will not be possible for BSNL at this stage , to conceive your request for fixing the pay of officiating JTO's without restriction under FR 35
This issues with the approval of competent authority .
(P.M VERMA)
BSNL LETTER challenged in Central Administrative Tribunal Principal Bench New Delhi through MA 3082/2010
BSNL submitted RA.125/2011
FOR DIRECTION (i.e MA'S/RA'S)
In the final hearing on 30/08/2011 court no.1 serial no. 19 RA.125/2011 dismissed and judgement passed for implementation of FR 22(1)(a)(1) .
Waiting for judgement details
