Central Administrative Tribunal - Delhi
2. In Our Considered View This Oa Is ... vs . Victoria Massey. on 1 November, 2013
Central Administrative Tribunal Principal Bench, New Delhi CP No.459/2012 OA No.908/2011 New Delhi this the 1st day of November, 2013 Honble Shri G George Paracken, Member (J) Honble Shri V.N. Gaur, Member(A) 1. Jitender Kumar S/o Shri Thakur Singh, D-303, Mandawali Fazalpur, Delhi-110092. 2. Satender Mishra S/o Shri U.S.Mishra, A-965, Saraswati Marg, Mandawali Fazalpur, Delhi-110092. 3. Pritam Kumar Sharma S/o Late Shri Prabhu Dayal Sharma, 127, Indira Colony, Alwar, Rajasthan-301001. 4. Vinay Prakash S/o Shri Ram Ekwal Prasad, H-147, Vijay Vihar Phase-II Sector-4, Rohini, Delhi. 5. Abid Khan S/o Shri Akbar Ali Saifi Village Bhangel Noida Phase-II Dist. Gautam Budh Nagar, UP. 6. Vinita D/o Late Shri Dharamveer Singh E-443, West Vinod Nagar, St No.8, Shanti Marg, Delhi-110092. 7. Manju Bala D/o Shri Sunder Lal, C-38/1, St.No.3, New Govind Pura, Parwana Road, Delhi-51. 8. Neetu Bansal D/o Shri Krishan Bansal, RZ-187, B-Block, Gopal Nagar, Najafgarh, New Delhi-43. 9. Tanshree Sharma S/o Shri Subhash Sharma, B-936, Sec-1, Avantika, Rohini, Delhi-85. 10. Monika D/o Shri Vinod Kumar Kasbba Road Main Market, Murad Nagar, Near Tanki Road, Gulshan Studio, Ghaziabad, UP-201206. 11. Pradeep Singh Chauhan S/o Sh. P.S. Chauhan r/o 16/25, Geeta Colony Near House Tax Office, Delhi 12. Anita Dhyani D/o Shri S.P.Dhyani, R/o H.No.1228, Type-2, M.S.Flat, Timarpur, Delhi-110054. 13. Bhasha Arora S/o Shri Vivek Arora, Plot No.11, Vikram Enclave Extn. Shalimar Garden, Sahibabad, Ghaziabad, UP. 14. Maya Rawat D/o Shri Govind Singh Rawat, R/o E-109, Sec-36, Noida, Dist-Gautam Budh Nagar, UP-201303. 15. Sonia D/o Shri Kuldeep Gahlot R/o 16-B, Flat No.21, C-Block, CISF Flat, Dwarka, Delhi. 16. Premshy S/o Shri Ravilran. G F-69, UGI Dilshad Colony, Delhi. (By Advocate: Shri Harish Kumar) Versus 1. Sh. P.K. Tripathi Chief Secretary(Health) Govt. of NCT Delhi New Secretariat, New Delhi. 2. Shri S.S. Sidhu Additional Secretary (Health), Govt.of NCT of Delhi New Secretariat, New Delhi. 3. Shri K.K. Kalra Medical Superintendent Chacha Nehru Bal Chiktsalaya Hospital Geeta Colony, Delhi. ..Respondents (By Advocate: Ms. Alka Sharma) O R D E R (ORAL)
Shri G. George Paracken, Member (J) This contempt petition has been filed by Shri Jitender Kumar and fifteen Ors. in OA No.908/2011, for the alleged non implementation of the order of this Tribunal dated 15.11.2011. The relevant part of the said order reads as under:-
2. The learned counsel for the respondents has submitted that this OA is covered by the order passed in OA No.3903/2010 decided on 01.11.2011. Relevant part of the aforesaid order reads as under:
2. In our considered view this OA is squarely covered by the judgment of the Full Bench of this Tribunal in the case of Ms. Victoria Massey Vs. NCT of Delhi & Ors. etc. (supra) as modified by the Hon,ble High Court of Delhi vide its judgment dated 22.5.2009 in WP (C) No.8476/2009 - Govt. of NCT of Delhi & Ors. Vs. Dipika S.Kumar, including WP (C) No.279/2008 - Helan Peter Vs. NCT of Delhi & Ors. and WP (C) No.8764/2008 - Govt. of NCT of Delhi Vs. Victoria Massey.
3. After the aforesaid decision of the Full Bench as modified by the High Court of Delhi, as mentioned earlier, this Tribunal has disposed of number of OAs filed by similarly placed applicants. A Coordinate Bench of this Tribunal in OA-3419/2010 and connected cases - Rakesh Kumar and ors. Vs. Govt. of NCT of Delhi and ors. has allowed the OA and its relevant part is as under:
5. During the course of hearing in these OAs, the Tribunal has sought information from the respondents as to the various allowances being given to the regular employees of the respective categories. The respondents have submitted that the regular employees are entitled for the following emoluments:-
(a) Basic Pay
(b) Grade Pay
(c) Dearness Allowance
(d) House Rent Allowance
(e) Transport Allowance (Non Taxable)
(f) Transport Allowance (Taxable)
(g) Hospital Patient Care Allowance
(h) Washing Allowance
(i) Maternity Leave Allowance (for female employees) (5)
6. From the above position, it is clear that the aforesaid Full Bench decision of this Tribunal, as modified by the Honble High Court shall hold the field. Therefore, the applicants, who are working as contractual employees under the Govt. of NCT of Delhi and Municipal Corporation of Delhi are entitled for all the benefits as admissible to the similarly placed regular employees of their respective categories except promotion and annual increments while they remain as contractual employees. In other words, they have to be given all the allowances which are being given to the similarly placed employees. As regards the dearness allowance is concerned, it is clarified that the benefit of the periodical revision of the same will also be given to the contractual employees. Consequently, the respondents are directed to re-fix the monthly emoluments of the applicants from their respective dates of initial engagements. However, the arrears arising out of such fixation shall be admissible only from the respective dates they have filed these OAs. The respective dates of filing OA No. 1943/2010, 2945/2010 preceded by OA No. 724/2010 and OA No. 3419/2010 are 2.6.2010, 4.3.2010 and 01.10.2010. The respondents are directed to carry out the aforesaid directions within a period of two months from the date of receipt of a copy of this order.
7. With the aforesaid directions, these OAs are allowed. There shall be no order as to costs.
4. Again, vide another Order dated 30.9.2011 in OA-3901/2010 and connected cases - Shri Karmveer and ors. Vs. Govt. of NCT of Delhi and ors., we have directed the respondents to refix the monthly emoluments of the applicants irrespective of dates of their initial engagement but restricting the arrears arising out of such fixation only from respective dates they filed these OAs.
5. Accordingly, we direct that the respondents shall refix the pay of the applicants, who were in this OA, in terms of the judgment of the Full Bench of this Tribunal in the case of Ms. Victoria Massey Vs. NCT of Delhi & Ors. etc. (supra) and as modified by the High Court with effect from the initial date of their engagement. However, the arrears arising out of such refixation shall be admissible only from the date of filing of OA-1409/2010 (supra), which was decided on 29.4.2010. The aforesaid direction shall be complied with, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.
3. The respondents shall apply the aforesaid directions in this case also. Accordingly this OA is disposed of. There shall be no order as to costs.
2. The respondents have filed their reply. Alongwith the same they have filed a copy of the Office Order No.F.149257)/Misc./ CNBC/2011/PF dated 21.09.2012 fixing the pay of the applicants in the pay band of Rs.5200-20200 + GP 2800 and the respective corresponding pay fixed in pay band. The said order reads as under:-
GOVERNMENT OF NCT OF DELHI CHACHA NEHRU BAL CHAKITSALAYA An Associate Hospital of Maulana Azad Medical College Affiliated to Delhi University Geeta Colony, Delhi-31 No.F.14(257)/Misc./CNBC/2011/PF Dated Sep 2012 OFFICE ORDER No.12 In compliance of order passed by Honble CAT dated 15.11.2011 in O.A. No.908/2011, the pay in respect of following contractual paramedical staff who were applicants in the said O.A. and presently working in this hospital, is hereby fixed, w.e.f. 01.03.2011, as under:-
S. No. Name Designation Pay band + GP Corresponding Pay fixed in pay band + GP
1. Mr. Jitender Kumar Lab. Tech 5200-20200+GP2800 8560-2800
2. Mr. Pritam Kuamr Sharma Lab. Tech 5200-20200+GP2800 8560-2800
3. Mr. Pradeep Singh Chauhan Lab. Asstt 5200-20200+GP2400 7510-2400
4. Mr. Abid Khan Saifi Lab. Asstt 5200-20200+GP2400 7510-2400
5. Ms. Anita Dhyani Lab. Asstt 5200-20200+GP2400 7510-2400
6. Ms. Bhasha Arora Lab. Tech 5200-20200+GP2400 7510-2400
7. Ms. Vinita Bansal Lab. Asstt 5200-20200+GP2400 7510-2400
8. Ms. Manju Bala Lab. Tech 5200-20200+GP2800 8560-2800
9. Ms. Netu Bansal Lab. Tech 5200-20200+GP2800 8560-2800
10. Ms. Maya Rawat Lab. Tech 5200-20200+GP2800 8560-2800
11. Ms. Tanshree Sharma Lab. Asstt 5200-20200+GP2400 7510-2400
12. Ms. Sonia Lab. Asstt 5200-20200+GP2400 7510-2400
13. Mr. Monika Lab. Asstt 5200-20200+GP2400 7510-2400
14. Ms. Premsy Lab. Asstt 5200-20200+GP2400 7510+2400 All the aforesaid contractual officials are entitled for all the benefits as admissible to the similarly placed regular employees of their respective categories except promotion and annual increment.
Further the aforesaid Pay fixation is subject to any policy decision taken by the Govt. pertaining to all such paramedical contractual employees and also subject to any order of the higher court in the matter.
This issues as per the direction dated 20.09.2012 of the Competent Authority.
Sd/-
(Kisalay Kumar Singh) Office Superintendent Dated 21 Sep 2012
3. Thereafter, the respondents have modified the aforesaid order vide Office Order No. F. 14(257)/Misc./CNBC/2011/PF dated 01.02.2013. The said order is also reproduced as under:-
GOVERNMENT OF NCT OF DELHI CHACHA NEHRU BAL CHAKITSALAYA An Associate Hospital of Maulana Azad Medical College Affiliated to Delhi University Geeta Colony, Delhi-31 No.F.14(257)/Misc./CNBC/2011/PF Dated 1 Feb 2013 OFFICE ORDER No.16 In supersession of this Office order no.12 and its endorsement no.F.14(257)/Misc./CNBC/2011/PF/5773-5779 dated 21.09.12, the pay in respect of following contractual paramedical staff who were applicants in O.A. No.908/2011 is now hereby fixed w.e.f. the dates of their initial engagement in compliance of order issued by Honble CAT dated 15.11.2011 in O.A. No.908/2011, as under:-
S. No. Name Designation Pay band + GP Corresponding Pay fixed in pay band + GP Pay fixed w.e.f.
1. Mr. Jitender Kumar Lab. Tech 5200-20200+GP2800 5200+2800 18.12.09
2. Mr. Pritam Kuamr Sharma Lab. Tech 5200-20200+GP2800 5200+2800 16.10.08
3. Mr. Pradeep Singh Chauhan Lab. Asstt 5200-20200+GP2400 5200+2400 06.10.08
4. Mr. Abid Khan Saifi Lab. Asstt 5200-20200+GP2400 5200-2400 27.03.08
5. Ms. Anita Dhyani Lab. Asstt 5200-20200+GP2400 5200-2400 26.12.09
6. Ms. Bhasha Arora Lab. Tech 5200-20200+GP2400 5200-2400 08.10.08
7. Ms. Vinita Bansal Lab. Asstt 5200-20200+GP2400 5200-2400 16.12.09
8. Ms. Manju Bala Lab. Tech 5200-20200+GP2800 5200-2800 16.10.08
9. Ms. Netu Bansal Lab. Tech 5200-20200+GP2800 5200-2800 06.10.08
10. Ms. Maya Rawat Lab. Tech 5200-20200+GP2800 5200-2800 30.09.09
11. Ms. Tanshree Sharma Lab. Asstt 5200-20200+GP2400 5200-2400 10.12.08
12. Ms. Sonia Lab. Asstt 5200-20200+GP2400 5200-2400 12.12.08
13. Mr. Monika Lab. Asstt 5200-20200+GP2400 5200-2400 07.10.09
14. Ms. Premsy RO Lab. Asstt 5200-20200+GP2400 5200+2400 09.12.09 All the aforesaid contractual officials are entitled for all the following benefits as admissible to the similarly placed regular employees of their respective categories except promotion and annual increment. Further They are also entitled for periodical revision of D.A. (1) Basic Pay (2) Grade Pay (3) Dearness Allowance (4) House Rent Allowance (5) Transport Allowance (Non Taxable) (6) Transport Allowance (Taxable) (7) Hospital Patient Care Allowance (7) Washing Allowance (8) Maternity Leave Allowance (for female employees) The arrears arising out of such pay fixation shall be admissible w.e.f. 01.03.2011, i.e., the date of filing of the OA.
Further the aforesaid Pay fixation is subject to any policy decision taken by the Government pertaining to all such paramedical contractual employees and also subject to any further order of the higher court in the matter.
This issues with the approval of Spl. Secy. (paramedical), H&FW dated 01.02.2013 vide UO No.000194547.
Sd/-
(Kisalay Kumar Singh) Office Superintendent
4. Learned counsel for the applicant has submitted that the pay in respect of the petitioners has rightly been fixed by the respondents vide Office Order dated 21.09.2012. However, they have arbitrarily modified the same by their subsequent Order No. F. 14(257)/Misc./CNBC/2011/PF dated 01.02.2013.
5. We have heard the learned counsel for the petitioner/applicant as well as the respondents. It is a well settled position that in a Contempt Petition, the correctness or otherwise of an order passed in pursuance of an order of this Tribunal cannot be determined. In view of the above position, in our considered view, no contempt subsists in this matter. Accordingly, this CP is closed. However, liberty is granted to the petitioners to challenge the aforesaid Office Order dated 01.02.2013 through fresh original proceedings, if so advised. Notices issued to the alleged contemnors are discharged. No order as to costs.
(V.N. Gaur) (G. Geroge Paracken) Member (A) Member (J) /vb/