Central Administrative Tribunal - Delhi
Rohtash Kumar vs Govt. Of Nctd on 16 March, 2023
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Item No. 08 (C-3) O.A. No. 94/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No.94/2020
This the 16th day of March, 2023
Hon'ble Mr. Ashish Kalia, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
1. Sh. Rohtash Kumar,
S/o Late Sri Mam Chand, Age 53,
Working as Audiometric Assistant, Group C
In Babu Jagjivan Ram Memorial Hospital,
Jahangirpuri, Delhi.
2. Smt. Suman Thareja, Age 49
W/o Sh. Sanjay Thareja,
Working as Audiometric Assistant, Group-C,
In Lal Bahadur Shastri Hospital,
Khichari Pur, Delhi.
3. Smt. Ranjana Arora, Age 49
W/o Sh. Suresh Arora,
Working as Audiometric Assistant, Group C,
In Guru Govind Singh Hospital,
Raghubir Nagar, New Delhi.
4. Sh. Sandeep, Age 46
S/o Sh. Sarjug Prasad,
Working as Audiometric Assistant, Group C,
In M.B. Hospital Pooth Khurd, New Delhi.
5. Ajay Jha, Age 43
S/o Late Sh. B.L. Jha,
Working as Audiometric Assistant, GroupC,
In Madan Mohal Malviya Hospital,
Malviya Nagar, New Delhi.
6. Yougendra Kumar,
S/o Sh. S. N. Sah, Age 44
Working as Audiometric Assistant, Group C,
In Sardar Ballabh Bhai Patel Hospital,
Patel Nagar, Delhi-110008.
...Applicants
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Item No. 08 (C-3) O.A. No. 94/2020
(By Advocate: Mr. R. K. Shukla)
Versus
1. Govt. of NCT of Delhi,
Through its Secretary,
Delhi Secretariat, I.P. Estate, New Delhi.
2. The Principal Secretary,
Health & Family Welfare Deptt.
Govt. of NCT of Delhi,
9th Level, A-Wing, Delhi Secretariat, New Delhi.
...Respondents
(By Advocate: Ms. Monika Bhargava with Ms. Ridhi Dua for
Mr. Amit Yadav)
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Item No. 08 (C-3) O.A. No. 94/2020
ORDER (ORAL)
Hon'ble Mr. Ashish Kalia, Member (J) The applicants in the present Original Application have prayed for the following reliefs:-
"i. Quash and set aside the impugned order 07.9.2018 directing the respondents to re-do the exercise of cadre review in terms of office Memorandum dated 23.11.1987 which is self explanatory and thereafter the applicants may be ordered to be considered by the respondents for promotional post creating promotional avenues in the grade of Audiometric Assistant;
ii. To direct the respondents to implement the pay commission recommendation to grant pay scale of Rs.5000- 8000 from 01.01.96 as the applicants were being treated equally advancing them pay scale Rs. 1400-2300 at par with Audiometry Technician irrespective of nomenclature of the applicants keeping in mind work, function, eligibility and duty of the applicants viz a viz Audiometry technician; and iii. To allow the O.A. with all consequential benefits. iv. Any other relief which this Hon'ble Tribunal deem fit and proper may also be passed in the facts and circumstances of the case in favour of the applicant."
2. The innocuous issue raised by the applicants in the present OA is that the restructuring of the cadre of the applicant who has been working as Audiometric Assistant in the various hospitals be done. The main contention of the applicants is that they were holding of pay scale of 1400-2300 but after the implementation of the 5th CPC, the Audiometric Assistant and Audiometry Technician have been differentiated though they are having equivalent qualification vis-à-vis Audiometry Technician. Being 4 Item No. 08 (C-3) O.A. No. 94/2020 aggrieved, the applicants have approached this Tribunal seeking the aforementioned reliefs.
3. Heard Mr. R. K. Shukla, learned counsel for the applicants and Ms. Monika Bhargava with Ms. Ridhi Dua for Mr. Amit Yadav, learned counsel for the respondents, and perused the material available on record.
4. It is perused from the record that despite several opportunities, the counter affidavit has not been filed on behalf of the respondents.
5. In view of the limited prayer made by the applicants, we hereby dispose of the present OA with a direction to the respondents to take call on the case of the applicants and decide the same by passing a reasoned and speaking order, within a period of three months from the date of receipt of a certified copy of this Order. In case, the grievance of the applicants still subsists, they are at liberty to approach this Tribunal by way of filing a fresh OA. No costs.
(Dr. Anand S. Khati) (Ashish Kalia)
Member (A) Member (J)
/yaksh/