Manika Raj And ORS. v. The Union Of India And ORS.
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/193/2022 Manika Raj and others Vs.
The Union of India and others Mr. Deep Chaim Kabir ... for the petitioners Ms. Anjili Nag ... for the respondents December 20, 2022 [SR] Item No.6 The short question comes for consideration is the decision of the Commanding Officer of the INS Jarawa to unilaterally stop a onetime hike of Rs.2000/- granted in the year 2017 and implemented over a period of four years in January, 2022. The subsequent reduction of the emoluments payable to the petitioners over the months of February, 2022 and March, 2022 are also questioned.
The petitioners are the employees under the Unit Run Canteen (URC) at the INS Jarawa Naval Station at Port Blair. The petitioners were granted a onetime hike of Rs.2000/- on 17.09.2018. The order was signed by the Canteen Manager (CM), Logistic Officer (LOGO), Executive Officer (EXO), Commanding Officer (CO).
The petitioners continued to receive the enhanced salary, after the aforesaid sum of Rs.2000/- month by month for a period of four years until December, 2022.
Admittedly, the petitioners' service condition and engagement are based on the Guidelines issued by the Ministry of Defence. The last of such guidelines were issued on 11th August, 2014. The petitioners are therefore not employees of the Navy or members of the Armed Forces. They are not covered under the CCS(CCA) Rules, 1965. They do not hold civil posts.
The salary and emoluments of the petitioners come out from the funds provided by the Ministry of Defence independently under Naval Public Fund (NPF).
The petitioners have no provisions for revision of scales or emoluments.
With a view to seek better employment benefits, they had in the year 2021 addressed a communication and/or prayer and/or request to the Prime Minister of India directly. This, according to the petitioners, has peeved the Commanding Officer, who felt that the chain of command was upset.
In January, 2021, the "Onetime hike in pay" of Rs.2000/- came to be reversed unilaterally and the total emoluments of the petitioners came to be refixed in January, February and March, 2022. The total loss of pay to each of the petitioners is substantially upto Rs.12000/-. It is argued by Mr. Kabir that the benefit once given cannot be withdrawn without any stated reasons and prior notice and without following the principles of Natural justice. The petitioners are seriously aggrieved with the same.
Ms. Anjili Nag, learned counsel appearing for the Commanding Officer would argue that, in terms of the Guidelines referred to hereinabove, the authority, for any revision or modification or any hike in pay scale or benefits to the petitioners, is the Naval Component Commander. The onetime hike of Rs.2000/- has not been approved by such Commander. It is, therefore, submitted that the Commanding Officer in his wisdom only stopped the unauthorized hike and has made some consequential revision in the emoluments received by the petitioners that lead to the reduction of the petitioners' emoluments. It is argued that since the benefits obtained by the petitioners were contrary to rules, the Commanding Officer is not estopped from reversing the same.
It is submitted that, an audit objection was received by the Commanding Officer from its Chartered Accountant, and hence the Onetime Hike has been reversed.
Indeed it is the Naval Component Commander is the person authorised to take a decision on either to increase or revision of emoluments being paid to the petitioners. There is, however, no decision of the Commander holding that any benefit given to the petitioners has been contrary to law or not approved. There is no communication annexed to the affidavit-in-opposition from the Commander to the Commanding Officer, in furtherance of the audit
objection of the Chattered Accountant. In fact even the audit report does not record anything in respect of the Onetime Hike to the petitioners.
The audit in question does not appear to be statutory. Therefore, the decision of the Commanding Officer to reverse the one time hike and to effect revision of the emoluments to the petitioners in January, February, and March, 2022 is ex facie illegal and arbitrary. This Court also finds that there is no adverse observation by the audit against the Commanding Officer in the said audit report. In view of the above, this Court is of the unequivocal view that the action of the Commanding Officer in denying the petitioners a benefit being received by them over a period of four years cannot be sustained and does not satisfy the test of reasonableness under Article 14 of the Constitution of India.
In those circumstances, the impugned decision of the Commanding Officer reversing the benefit of Rs.2000/- unilaterally revising the salary and emoluments of petitioners as reflected in the calculation and pay sheets annexed to the writ petition, shall stand quashed and set aside. The writ petitioners shall be entitled to all remuneration and salary being received by them as on December,2021, with effect from January, 2022 till date. The monthly emoluments for December, 2022 shall be payable in terms of the last monthly emolument received by
each of the petitioners as on December, 2021 with applicable benefits.
The arrears payable to the petitioners from January, 2022 till November, 2022 shall be calculated on the basis of the differences between the sums received by each of the petitioners on December, 2021 and on April, 2022 such arrears shall be paid back to each of the petitioners, within a period of two months from date.
It is however made clear that in the event of any decision by the Component Commander in writing addressed to the Commanding Officer as regards any benefits given to the petitioners, the latter may pass an appropriate orders in accordance with law after complying with the principles of natural justice i.e., an appropriate show cause notice, a written reply to such notice from the petitioners and a personal hearing to the writ petitioners and/or legal representative of the petitioners.
WPA/193/2022 therefore stands allowed and disposed of.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
( Rajasekhar Mantha, J. )