Antony Dominic, J. The applicants in OA No.151/10 filed before the Central Administrative Tribunal, Ernakulam Bench are the petitioners in this OP. They filed the OA challenging Annexures A7 and A8 orders issued by the respondents rejecting their claim for the benefit of Annexure A1 Time Bound Promotion (TBP) Scheme on the ground that the said scheme was discontinued w.e.f. 8/10/2007. The Tribunal having upheld these orders, the OP was filed.
2. We heard the learned counsel for the petitioners and the learned counsel appearing for the respondents.
3. Briefly put, the case of the petitioners is that by Annexures A1 and A2 clarifications, the TBP Scheme was introduced by the respondents which provided for the extension of higher grade on completion of 17 years of service. It is stated that during the currency of the scheme, in 2005, Upper Division Clerks and Assistants were redesignated as Social Security Assistants and Senior Social Security Assistants. Those who have completed 17 years of service were further upgraded as Senior Social Security Assistants (TBP) and Senior Social Security Assistants (Higher Grade). While the matter stood thus, a restructured pay revision was introduced w.e.f. 01/4/2004. In pursuance of the revised pay scale thus introduced, Annexure A5 order dated 15/11/2007 was introduced which inter alia provided the details of pay revision and also that the benefit w.e.f. 01/4/2004 shall be only notional and that the arrears would be paid only w.e.f. 1/9/2007. The petitioners were extended the benefit of Annexure A5.
4. Subsequently, they completed 17 years of service and thereupon claimed the benefit of Annexures A1 and A2 TBP Scheme. That claim was rejected by Annexures A7 and A8 on the basis that on the introduction of the restructured pay scale w.e.f. 01/4/2004, TBP scheme was discontinued w.e.f. 8/10/2007. It was thereupon that they filed OA No.151/10.
5. Before the Tribunal, respondents contended for the position that the TBP scheme was withdrawn as contended by them. This was accepted by the Tribunal in Ext.P5 order and the OA was accordingly dismissed. It is this order which is under challenge before us.
6. The only question that arises for consideration is whether despite the restructured pay scale introduced w.e.f. 01/4/2004, Annexures A1 and A2, the TBP Scheme continued to exist in the department. The contention raised by the learned counsel for the petitioners is that there is nothing which indicates that the decision to withdraw the TBP Scheme was taken in terms of the provisions contained in Section 5(D)(7) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. He also referred us to the case of Smt.Bindu Mohan of Chennai Region, who was given the benefit by Annexure A9 w.e.f. 18/1/2008.
7. Having heard the submissions made at the bar, we are inclined to think that the materials before us are sufficient to indicate that it was not the intention of the respondents to continue the TBP scheme after the introduction of the restructured pay scale. It is mentioned in Annexure R4, the clarification issued by the Central Board of Trustees on 4th of July, 2008, that the TBP scheme has been discontinued in EPF Organisation w.e.f. 8/10/2007. Annexure R5 is a letter issued by the Government of India, Ministry of Labour and Employment dated 30/4/2009 to the Central Provident Fund Commissioner.
That letter has been issued conveying the approval of the Minister (IC) (L&E) in his capacity as Chairman of CBT, EPF for grant of pay scale of Rs.5500-9000 (pre revised) in place of Rs.5000-8000 (pre revised) to the Time Bound Promotees (TBP) upto 31/3/2004 subject to the conditions mentioned therein. This letter also describes the TBP Scheme as an erstwhile scheme and further states that the officials who were given TBP from 01/4/2004 onwards shall be governed as per the restructured pay scales. In other words, this letter indicates that the scheme has ceased to exist and those who were given the benefit of the scheme after 01/4/2004 should be migrated to the pay scale that was introduced in 2006, the details of which are given in Annexure 5 dated 15/11/2007.
8. In so far as the case of the petitioners that one Smt.Bindu Mohan of Chennai Region was given the benefit even as late in 2008 is concerned, learned standing counsel for the respondents has produced a communication dated 21/5/13 issued by the Head Office of the Employees' Provident Fund Organisation. That letter reads thus;
“2. On examination of the issue it is observed that two officials (including Smt.Bindu Mohan) have been upgraded in the pay scale of Rs.5000- 8000 (pre-revised) in Chennai region on 1st November, 2007 and 18th January, 2008 between 8th October, 2007 and 30th January, 2008. However, the TBP scheme was discontinued in EPF organization w.e.f. 8th October, 2007 as per Head Office letter No.HRD/1(9)2003/Pay scale/PT-II/20401, dated 4th July, 2008. Hence, the action taken vide your reference dated 3rd March 2008 is not correct and not in conformity with the Office circular no.HRD/1(9)2003/pay scale/PT II/6095, dated 15th Nov.2007 as the Scheme of TBP was replaced with the determination of revised scales w.e.f. 1st April 2004. You are, therefore, requested to take necessary action accordingly under intimation to this office at the earliest. The action taken to apprise to RPFC, Kerala in reference to his letter no.KR/RO/TVM/Adm/(3)/OP (CAT)No.3727/2012/12-13/11882, dated 08 January, 2013. So that the counter affidavit in OP (CAT) No.3727 of 2012 filed by Sh.S.Lakshmanan could be submitted by Regional P.F.Commissioner, Kerala within stipulated time.”
9. He has also produced before us officer letter No.TN/Admn-I/A8(14)/TBP(OGD)/Regl/2013 dated 11/9/13 issued by the Regional PF Commissioner, Chennai rectifying the mistake in giving the benefit of TBP Scheme to Smt.Bindu Mohan. This order reads thus;
“That vide Office Order No.41/2008 dt.3.3.2008, Smt.Bindu Mohan, SSA was placed in the next higher grade Sr.SSA(TBP) in the scale of pay of Rs.5000-150-8000 under the Time Bound Promotion Scheme with effect from 18.1.08 in terms of the recommendation of the DPC convened on 24.9.2007.
The Time Bound Promotion Scheme was discontinued in the EPFO with effect from 8.10.07 and clarification to this effect was issued by the EPFO, Head Office on 4.7.2008. Accordingly the DPC met on 27.8.13 and reviewed the recommendation made by the DPC convened on 24.9.2007 ad recommended that Smt.Bindu Mohan was not eligible for upgradation as Sr.SSA(TBP) and recommended that she be reverted to the post of SSA with effect from the date on which she was upgraded.
In accordance with the said recommendation, Smt.Bindu Mohan is reverted to the post of SSA with effect from 18.1.08 and pay of the Official shall be fixed in the Pay Band 1 - Rs.5200-2200+2400 (Grade Pay). The Official shall continue to be governed by the conditions of service as laid down in the EPF (Officers and Staff Conditions of Service) Regulations, 2008.”
10. Evidently therefore, Annexures R4 and R5 and the letter and order mentioned indicated that it was not the intention of the respondents to continue the TBP scheme after the implementation of the restructured pay scales and accordingly even the mistakes that have been committed by them have also been rectified. This leads to the conclusion that the applicants who completed 17 years after 8/10/2007 could not have at any rate claimed the benefit of TBP Scheme lest they would have been getting the unintended benefit of both restructured pay scale and the TBP Scheme at the same time. We do not think that the Tribunal has committed any illegality in denying the relief sought for.
OP is dismissed.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ANIL K. NARENDRAN JUDGE