UNNIKRISHNA PILLAI Vs. COMMODORE, CHIEF STAFF OFFICER

JUDGEMENT

(1.) These writ petitions under Article 227 of the Constitution of India are by different employees under the Southern Naval Command. Since the disputes relating to all of them qua the establishment were based on a particular question of law, which tilts the scales either way, the Central Administrative Tribunal heard the original applications of all the petitioners in a consolidated manner and issued a common order. We also adopt the same procedure of consolidation for hearing, having regard to the facts, which we note hereunder. All the employees involved in this bunch of litigations were imposed with penalty of reduction of pay by one stage for one year in the relevant scale of pay in respect to each of them and with a direction that the incumbent concerned will not earn increments of pay during the period of reduction and that on the expiry of that period, the reduction will have the effect of postponing the future increments of pay. The effect of that penalty operated from 01/01/2007 to 31/12/2007.

(2.) Later, in 2008, the pay scales were revised with retrospective effect from 01/01/2006. The establishment then took the view that whatever they might have suffered till 31/12/2007, the incumbents are liable to suffer further reduction from the payments at par with the rates to which the scales of pay stood enhanced by the revision made in 2008 with effect from 01/01/2006. Consequential proposals for recovery were also ordered. At the instance of the employees, the Tribunal upheld their plea that there cannot be any recovery without any predecisional opportunity of hearing. Therefore, the second limb of their prayers before the Tribunal stood granted. However, the Tribunal did not come to the aid of the employees to uphold their plea that they were not liable to be visited with any further reduction of money from out of their emoluments on a ground referable to the penalty of reduction of pay by one stage for one year in the relevant scale of pay which had operated from 01/01/2007 to 31/12/2007. Hence, these writ petitions by the employees under Article 227 of the Constitution of India.

(3.) We have heard the learned Senior Counsel for the petitioners and the learned Adv. John T. Paul, representing the Assistant Solicitor General on behalf of the establishment, quite in extenso, on the different aspects of the matter.