APURBA SARMA vs BSNL

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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
[Reserved]

Original Application No. 40/73/2023

Reserved on: 30.07.2026

Pronounced on: 16.09.2026

Coram:-

HON’BLE MR. RAJINDER SINGH DOGRA, JUDICAL MEMBER
HON’BLE MR. SANJIV KUMAR, ADMINISTRATIVE MEMBER

1. SHRI APURBA SARMA,
S/o Late Khagendra Nath Sarma,
Working as Accounts Officer,
Office of the CGMT, Assam Circle,
th
(4 floor, TR Section) Panbazar, Guwahati- 781001.

2. SHRI JITENDRA KALITA,
S/o Late Rajani Kanta Kalita,
Working as Accounts Officer,
Office of the CGMT, BSNL,
BSNL Bhawan, Panbazar,
Guwahati- 781001.

3. SMTI SANMISTHA CHAKRABORTY,
S/o Late Nikhil Paul,
Working as Accounts Officer (CMTS),
Office of the General Manager, BSNL
P.O- Silchar, Cachar, Assam- 788001.

4. SHRI SANJOY KR. NATH,
S/o Late Sunil Kumar Nath,
Working as Accounts Officer,
Office of the GMTD, BSNL, Tezpur
P.O- Tezpur, Assam.

5. SHRI DIPANKAR DAS,
S/o Sri Surjya Kanta Das,
Working as Accounts Officer,
Office of the General Manager, BSNL, Tezpur
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P.O. - Tezpur, Assam.

6. SHRI TAPASH BARUA,
S/o Late Ranadhir Barua,
Working as Accounts Officer,
Office of the General Manager/CNTX/SH,
P.O- Shillong, Meghalaya.

7. SHRI SUNANDA PAUL,
S/o Late Sanjit Kumar Paul,
Working as Accounts Officer,
Office of the CGM/NE-1/Shillong,
P.O.- Shillong. Meghalaya.

8. SHRI KAJAL SHARMA,
S/o Late Kshitish Chandra Sharma,
Working as Accounts Officer,
Office of the GMTD, BSNL, Silchar
P.O- Silchar, Cachar, Assam- 788001.

9. SHRI SANJOY DEBNATH,
S/o Late Rajendra Chandra Debnath,
Working as Accounts Officer,
Office of the General Manager, BSNL,
Tezpur P.O- Tezpur, Assam.


......Applicants

[By Advocate: Mr. M. Chanda, Mrs. U. Dutta]


-AND-


1. THE UNION OF INDIA,
Through the Secretary,
Ministry of Communication and IT
Department of Telecommunication,
Sanchar Bhawan, Ashoka Road, New Delhi- 110001.

2. THE BHARAT SANCHAR NIGAM LIMITED,
Represented by Chairman and Managing Director
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Harish Chandra Mathur Lane, Janpath, New Delhi- 110001.

3. THE DIRECTOR (HR),
rd
3 Floor, Bharat Sanchar Bhavan,
BSNL Corporate Office,
Harish Chandra Mathur Lane, New Delhi- 110001.

4. THE CHIEF GENERAL MANAGER,
Bharat Sanchar Nigam Limited,
Assam Telecom Circle, Panbazar, Guwahati- 781001.

5. THE GENERAL MANAGER,
Tezpur Telecom District, Tezpur,
Pin- 784001, Assam.

6. THE GENERAL MANAGER, BSNL,
Silchar SSA, P.O- Silchar, Cachar,
Assam, Pin- 788001.


....Respondents


[By Advocate: Mr. R. Hazarika, Addl. CGSC, Mr. R.J. Das,
BSNL Adv.]

OA No. 40/73/2023
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SOURABH KUMAR
KUMAR

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ORDER
PER: SANJIV KUMAR, MEMBER (A):
The instant OA has been filed by the applicants praying for the following
relief(s):-
“8.1 That the Hon'ble Tribunal be pleased to declare that the
applicants are entitled to revised E-1 pay scale of Rs. 16400-40500
by granting one notional increment @ 3% at their existing pay in
the feeder grade or at Rs. 19020/- by way of granting 5 (five)
advance increment on the minimum of the revised E-1 pay scale
whichever is higher from the date of their joining as Junior
Accounts Officer.
8.2 That the Hon'ble Tribunal be pleased to direct the respondents
to revise and re-fix pay of the applicants from the date of their
joining in the grade of Junior Accounts Officer by granting one
notional increment @3% at their existing pay in the feeder grade or
at Rs. 19020/- by way of granting 5 (five) advance increment on
the minimum of the revised E-1 pay scale with all consequential
benefit including arrear monetary benefit.
8.3 Any other relief or reliefs as the Hon'ble Tribunal may deem fit
and proper, including exemplary cost upon the respondents.”

2. The factual matrix of the case is that the applicants were initially
appointed as Telecom Office Assistant (G) in the Department of
Telecommunication under the Ministry of Communication. Thereafter,
they were promoted as Senior Telecom Office Assistant (for short Sr.
TOA (G)) in the year 2004/2005. The applicants were further promoted as
Junior Accounts Officer (for short JAO) through departmental competitive
examination (40% quota) in the year 2013 and subsequently, as Accounts
Officer (for short A.O), and they are at present working as Accounts
Officer in different offices under the BSNL, Assam Circle. Bharat Sanchar
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Nigam Ltd. (for short BSNL) vide notification dated 31.08.2001 published
the Junior Accounts Officer Recruitment Rules, 2001. The Recruitment
Rules, 2001 provides that 40% of vacancies of JAO will be filled up from
departmental candidates through departmental competitive examination.
The respondents-BSNL vide office order No. 1-50/2008-PAT (BSNL)
dated 05.03.2009 (Annexure-A/3) conveyed approval of the competent
authority that the revised IDA Pay Scales in replacement of existing IDA
Pay Scales for the Board level and below Board level Executives of BSNL
(absorbed and BSNL recruited), would be effective from 01.01.2007. In
respect of Executives in E1A and E2A scales, their pay may be fixed in
revised scales and may also be used wherever specifying the pay scales as
unavoidable (e.g. for pension contribution, fresh appointment etc.), till the
new scales are notified vide letter dated 05.03.2009 (Annexure-A/3), the
scale of pay of E1A, E2A and E9A was notified as a stopgap arrangement
till the final decision is arrived at by the competent authority. The
Assistant General Manager (Pers. V) of PAT Section of BSNL Corporate
Office, New Delhi vide office order (No.1 of 2012) dated 03.01.2012
(Annexure-A/4) informed all Heads of Telecom Circles and all Heads of
Other Administrative Units of BSNL about the revision of pay of Board
level and below Board level Executives w.e.f. 01.01.2007. In the said
order, it was stated that the issue of reduction in emoluments of directly
recruited JTOs of 2007 & 2008 batch and directly recruited JAOs in
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respect of whom results were declared in April 2010, on initial fixation of
their pay at the minimum of the revised E1 IDA pay scale of Rs. 16400-
40500, had been considered by the Board of Directors of BSNL. The
Board approved the proposal for grant of 5 (five) advance increments on
the minimum of the revised pay scale of Rs. 16400-40500 (E-1 Scale) to
be given to directly recruited JTOs of 2007 & 2008 batch and JAOs in
respect of whom results were declared in April 2010, on the date of their
joining the service. The Board of Directors further approved that in case a
revised E-1A pay scale is approved by the Government subsequently, the
same may be extended to these JTOs & JAOs and their pay may
accordingly be regulated in the revised E-1A pay scale. BSNL Corporate
Office, New Delhi, issued Office Order (No. 2 of 2012) dated 19.03.2012
(Annexure-A/5) informing all Heads of Telecom Circles and all Heads of
Other Administrative Units of BSNL with regard to revision of pay of
Board level and below Board level Executives w.e.f. 01.01.2007. In the
order dated 19.03.2012 (Annexure-A/5), it was clarified that the initial pay
of such directly recruited JTOs/JAOs may be fixed at Rs. 19020/- in the
revised pay scale of Rs. 16400-40500 on their date of joining BSNL after
successful completion of induction training. The applicants successfully
qualified the JAO Part-I & II Competitive Examination in the years 2007
& 2012. The office of the CGMT, Assam Circle vide letter No. AP/Pay
Fixation/Exe/2011-12/27 dated 16.01.2013 (Annexure-A/9) granted
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fixation of pay of JAO Shri Kishore Choudhury and Smti Poonam
Sunwar, who had qualified the departmental examination in the year 2010
under the 10% and 40% quotas, in terms of the order dated 20.12.2012
(Annexure-A/7), in the revised E-1 pay scale of Rs. 16400-40500 by
granting one notional increment @3% at their existing pay in the feeder
grade or at Rs. 19020/- by way of granting 5 (five) advance increments on
the minimum of the revised E-1 pay scale, whichever is higher. Similarly,
vide Memo dated 02.02.2013 (Annexure-A/10), the pay of Miss Nabanita
Deka was fixed at Rs. 19020/- by way of 5 (five) advance increments on
the minimum of the revised E-1 pay scale. The applicants state that the
pay of departmental JAOs who qualified the departmental examination in
the year 2010 under the 10% and 40% quotas has been fixed in terms of
the order dated 20.12.2012 (Annexure-A/7) in the revised E-1 pay scale by
granting the same benefit, whereas the applicants have been denied 5
(five) advance increments on the minimum of the revised E1 IDA pay
scale of Rs. 16400-40500/-. As such, the applicants contend they have
been meted out with hostile discrimination. Applicant No. 2 submitted
representations on 12.09.2013, 29.10.2013, 11.02.2014, 05.10.2015,
11.02.2016 and 24.11.2017, and Applicant No. 1 submitted a
representation on 31.01.2014, for grant of 5 (five) advance increments on
the minimum of the revised E1 IDA pay scale of Rs. 16400-40500/-, but
without result.
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3. Learned counsel for the respondents has reiterated the averments
made in the written statement and submitted that at the time of formation
of BSNL, the executives in the grade of JAO and equivalent were allowed
the E1A scale of Rs.9850-250-14600, which remained in force till
implementation of the 2nd PRC w.e.f. 01.01.2007. The IDA pay scales
applicable w.e.f. 01.01.2007 for Central Public Sector Enterprises were
notified by the DPE vide OM dated 26.11.2008, providing pay scales from
E0 to E9. The DPE did not notify any intermediary pay-scale equivalent to
the E1A pay-scale applicable to JAO and equivalent grades before the 2nd
PRC. BSNL took up the proposal for grant of revised E1A and E2A pay
scales for JAO and AO equivalent executives with the administrative
ministry. Meanwhile, the pay of JAO and equivalent executives was
provisionally fixed in the revised E1 scale of Rs.16400-40500/- vide
Office Order dated 05.03.2009 (Annexure-A/3). However, DoT vide letter
dated 18.07.2014 rejected the proposal for allowing a revised scale in
place of the pre-revised E1A and E2A. This letter was issued by DoT in
consultation with DPE and provided that there cannot be any intermediary
pay-scale, and that executives in CPSEs are required to be fitted into the
pay-scales notified by DPE. BSNL subsequently requested the
Administrative Ministry to allow E2 and E3 scales, respectively, for
JTO/JAO and SDE/AO equivalent executives. DoT thereafter issued a
Presidential Order No. 6-2/2016-SU dated 28.03.2017 conveying the
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decision that the pay scale of JTOs and SDEs are to be revised to
Rs.16400-40500 (E1) and Rs.20600-46500 (E2), in replacement of
Rs.9850-14600 (E1A) and Rs.11875-17275 (E2A). As per this decision,
the pay of absorbed employees, direct recruits or promoted employees
drawing pay in the pre-revised scales of Rs.9850-14600/- and Rs.11875-
17275/- may be revised to Rs.18850-40500/- and Rs.22800-46500/-
respectively, on a personal basis, while new appointments/promotions to
these cadres are to be made in the revised E1 scale of Rs.16400-40500 and
E2 scale of Rs.20600-46500, respectively. DoT reaffirmed this decision
vide letter dated 29.04.2022, that JAOs and equivalent executives are to be
placed in the revised E1 scale, and that only JAOs and equivalent
executives appointed/absorbed/promoted in the pre-revised scale of
Rs.9850-250-14600 may be allowed the revised pay scale of Rs.18850-
40500/- on a personal basis, to continue the benefit granted to them in the
pre-revised E1A scale. This directive was conveyed after due consultation
with the Department of Public Enterprises. As per Fundamental Rule
22(1)(a)(i), the initial pay of an employee promoted to a higher post is
fixed either at the minimum of the pay scale of the post, or at a higher
stage arrived at by granting one notional increment in the lower scale.
Since the administrative department, i.e. DoT, has conveyed the
Presidential directive that JAO and equivalent executives are required to
be placed in the 2nd PRC revised E1 pay-scale of Rs.16400-40500/-, and
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since the applicants were promoted to the post of JAO after
implementation of the revised pay scales vide office order dated
05.03.2009, their pay is required to be fixed under FR 22(1)(a)(i) in the
revised E1 scale of Rs.16400-40500/- applicable at the time of their
promotion. Direct-recruit JTOs of the 2007 & 2008 batches, and direct-
recruit JAOs of 2010, were recruited against notifications that mentioned
the pre-revised E1A pay scale, and started facing a reduction in pay on
fixation in the revised 2nd PRC E1 scale; the BSNL Board accordingly
decided to allow 5 advance increments on the minimum of the E1 scale for
that class, fixing initial pay at Rs. 19020/- on the date of joining. In the
case of the applicants, who are JAOs of the 2013 batch, the notification of
recruitment clearly stipulated appointment in the E1 scale of Rs.16400-
40500, and their pay has accordingly been fixed under FR 22(1)(a)(i) in
the revised E1 IDA scale.
4. Learned counsel for the applicants has also filed a rejoinder
submitting that vide Office Order dated 05.03.2009, while provisionally
fixing the pay of JAOs in the revised E1 scale of Rs.16400-40500/-, it was
further provided that the revised IDA pay scale for E1A, among others,
would be notified later, and that pay in respect of Executives in the E1A
scale may in the meantime be fixed in the revised E-1 IDA scale of
Rs.16400-40500/- w.e.f. 01.01.2007, till new scales are notified.
Subsequently, the PAT Section, BSNL Corporate Office, New Delhi, vide
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order dated 20.12.2012, in the absence of a revised E1A pay scale,
decided that on promotion to the grade of JAO through Internal
Departmental Competitive Examinations for which results were declared
in 2010 (both 10% and 40% quota), the pay of such JAO may be fixed in
the revised E1 pay scale of Rs.16400-40500 by granting one notional
increment @3% of their existing pay in the feeder grade, or at Rs. 19020/-
by way of 5 advance increments on the minimum of the revised E1 scale,
whichever is higher. This decision was made with the approval of the
BSNL Board, which further approved that if a revised E1A pay scale was
subsequently approved by the Government, the same would be extended
to these JAOs and their pay regulated accordingly. In terms of the order
dated 20.12.2012, similarly situated JAOs Shri Kishore Choudhury, Mrs
Poonam Sunwar and Miss Nabanita Deka were granted pay of Rs.19020/-
w.e.f. the date of their joining the promoted post of JAO. It is submitted
that the DoT letter dated 08.07.2014 rejecting the revised scale in place of
the pre-revised E1A and E2A is prospective in nature and does not apply
retrospectively. It is the settled position of law that rules existing on the
date of promotion apply on the date of promotion. Counsel further submits
that the Presidential Order dated 28.03.2017 and the DoT letter dated
29.04.2022 are also prospective and cannot be applied retrospectively to
the applicants, who were promoted to the post of JAO by order dated
08.08.2013. The applicants are entitled to notional pay of Rs.16400-
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40500/- with one notional increment @3% of existing pay in the feeder
grade, or Rs.19020/-, as granted to similarly situated employees, w.e.f.
joining the promotional post of JAO. The revised E1 IDA pay scale of
Rs.16400-40500/- granted by order dated 05.03.2009 was provisional till
new scales were notified. The applicants' pay was finalised at par with
directly recruited JAOs vide order dated 20.12.2012; FR 22(1)(a)(i)
applies for grant of increment in the case of an existing, fixed and
finalised pay scale, but in the case of the applicants, their pay in the
revised E1 IDA scale of Rs.16400-40500 was provisional due to the
absence of a revised E1A pay scale, and it was to mitigate that situation
that pay in terms of the order dated 20.12.2012 was granted. As such, in
determining their entry pay in the post of JAO in the revised scale of
Rs.16400-40500/- with increment(s), the order dated 20.12.2012 applies,
and not FR 22(1)(a)(i). The case of the applicants is not one of reduction
of pay, but of denial of the finalised and mitigated pay granted by order
dated 20.12.2012 due to the absence of the revised E1A pay scale, as
granted to similarly situated employees.
5. Heard the parties, perused the records and considered the
submissions of the parties.
6. The contention of the applicants is that they have been denied
the minimum of the revised E1-A IDA scale of Rs. 16400-40500 at Rs.
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19020/-, at par with JAOs who qualified in the Inter Departmental
Competitive Examination held for the post of JAO under the 10% and
40% quotas in November 2009 and January/March 2010. The applicants
have also referred to a letter dated 19.03.2012 issued by BSNL clarifying
that the initial pay of such directly recruited JTOs/JAOs may be fixed at
Rs. 19020 in the revised pay scale of Rs. 16400-40500 on their date of
joining BSNL after successful completion of induction training, which the
present applicants have completed.
7. In this regard, the applicants, at para 4.24 of the O.A., have
stated as follows: that it is a settled position of law that there cannot be 2
separate sets of pay scales; that a similar issue came up before the Hon'ble
Principal Bench, CAT, New Delhi, in O.A. No. 1456/2015, Shashi Kant &
Others v. Union of India & Another, on the question whether entitlement
to pay fixation at the minimum entry pay could be denied to the cadre of
promotee Assistant Accounts Officer when the same had been extended to
direct-recruit Assistant Accounts Officers; and that the Principal Bench,
vide judgment dated 06.03.2017, allowed the Original Application in
favour of the similarly situated employees. Union of India, aggrieved by
that judgment, preferred WP(C) No. 7379/2017 before the Hon'ble Delhi
High Court, which dismissed the writ petition, holding that the decision of
the Coordinate Bench was in consonance with the settled legal principle of
'equal pay for equal work' and that there could be no justification for
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granting two different pay scales to persons holding the same post merely
on the basis of the source of their appointment. The applicants submit that
in view of the Delhi High Court's decision, it is settled that there cannot be
2 separate pay scales within the single cadre of Junior Accounts Officer.
This contention was not rebutted by the respondents in their written
statement.
8. At para 5.4 of the O.A., the applicants have also stated that the
respondent BSNL, before the CAT, Ahmedabad Bench, in O.A. No. 28 of
2022, admitted that the principle of replacement of the E1A pay scale by
granting 5 advance increments (on the minimum of the E1 scale) applies
only up to 08.07.2014 i.e. the date on which DoT, after consulting DPE,
finally turned down BSNL's proposal for a revised scale equivalent to the
E-1A scale, and that the applicants, appointed as JAO w.e.f. 08.08.2013
through the 40% departmental quota, are accordingly entitled to the E1A
pay scale by way of 5 advance increments on the minimum of the E1
scale. The respondents have not refuted this statement.
9. The applicants, at para 4.14 of the O.A., have referred to the pay
fixation of JAO Shri Kishore Choudhury, Smti Poonam Sunwar and Miss
Nabanita Deka noted at para 2 above, as instances of similarly situated
JAOs who have been granted the benefit now sought by the applicants.
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10. After assessing the entire record and the submissions of the
parties, we are of the considered view that the case of the present
applicants deserves to be allowed, granting relief in terms of the order
dated 06.03.2017 passed by the CAT, Principal Bench, in the case of the
similarly situated employees in Shashi Kant (supra), upheld by the Hon'ble
Delhi High Court, wherein it was held that there cannot be 2 separate pay
scales within the single cadre of Junior Accounts Officer (Annexure-
A/17).
11. Accordingly, the O.A. is allowed. The respondent authorities are
directed to verify whether the present applicants are similarly situated with
the applicants in O.A. No. 1456/2015, and, if found similarly situated, to
grant them similar benefits by re-fixing their pay from the date of their
joining in the grade of Junior Accounts Officer, granting one notional
increment @3% at their existing pay in the feeder grade, or at Rs. 19020/-
by way of 5 (five) advance increments on the minimum of the revised E-1
pay scale, whichever is higher, with all consequential benefits.
12. In case the respondents decide to distinguish the applicants' case
from the cases referred to above, they shall pass a reasoned and speaking
order setting out how this case differs from O.A. No. 1456/2015, after
giving the applicants an opportunity of being heard. This exercise shall be
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completed as expeditiously as possible, but not later than four months
from the date of receipt of this order.
13. Pending M.A., if any, stands disposed of. No order as to costs.

(SANJIV KUMAR) (RAJINDER SINGH DOGRA)
MEMBER (A) MEMBER (J)
/SK/

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KUMAR