Central Administrative Tribunal - Gauhati
Smt Rita Singha And Ors vs Dept Of Defence on 3 February, 2023
Item No. 5 1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
(Circuit Court at Shillong)
Original Application No. 043/00321/2021
Date of order: This, the 03rd day of February, 2023
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
BETWEEN
1) Smt. Rita Singha,
CSBO, Grade - I, P/No. 14272916L,
O/o the Administrative Commandant,
Station Cell, HQ 101 Area,
Pin - 908101, C/o 99 APO.
2) Smt. Mary Lamare,
CSBO, Grade - I, P/No. 6684,
O/o the Administrative Commandant,
Station Cell, HQ 101 Area,
Pin - 908101, C/o 99 APO.
3) Smt. Bharati Das,
CSBO, Grade - I, P/No. 14272385,
O/o the Administrative Commandant,
Station Cell, HQ 101 Area,
Pin - 908101, C/o 99 APO.
4) Smt. Bebeswory Devi,
CSBO, Grade - I, P/No. 14272917N,
O/o the Administrative Commandant,
Station Cell, HQ 101 Area,
Pin - 908101, C/o 99 APO.
O.A. No. 043/00321/2021
Item No. 5 2
5) Smt. Dhaneswari Deka (Retired),
CSBO, Grade - I, P/No. 14272328X,
O/o the Administrative Commandant,
Station Cell, HQ 101 Area,
Pin - 908101, C/o 99 APO.
6) Smt. Chandi Das (Retired),
CSBO, Grade - I, P/No. 414202002033,
O/o the Administrative Commandant,
Station Cell, HQ 101 Area,
Pin - 908101, C/o 99 APO.
...Applicants
- V/s -
1. The Union of India,
Represented by the Secretary to
the Govt. of India,
Ministry of Defence, South Block,
New Delhi - 110001.
2. The Director General of Signals' 4(C),
General Staff Shakha,
Integrated HQ of Ministry
of Defence(Army) New Delhi - 110011.
3. The Director General of Signals Sigs' 4(C),
General Staff Branch, Dte HQ,
New Delhi - 110011.
4. The Administrative Commandant,
Station Cell, HQ 101 Area, Pin - 908101,
C/o 99 APO.
... Respondents
For applicant(s): Sri M. Chanda, Smt. U. Dutta
For respondents: Sri S.K. Ghosh, Addl. CGSC
O.A. No. 043/00321/2021
Item No. 5 3
ORDER(ORAL)
PER URMITA DATTA (SEN), MEMBER (J):
Since cause of action of the reliefs sought for in this application is common to all the applicants, therefore, they are allowed to join in one Single Application.
2. This instant application has been filed by the applicants basically praying for a direction upon the respondents to grant them the benefits of financial upgradation under the MACP Scheme in terms of judgment and order dated 26.10.2015 passed by CAT, Principal Bench in O.A. No. 3204/2011 and also in the light of the implementation order dated 03.03.2021 issued by the Government of India, Ministry of Defence in the grade pay of Rs. 4200/-, Rs. 4600/- & Rs. 4800/- on completion of 10, 20 & 30 years of service to them by way of re-fixing their pay and also re- fixation of pay and pensionary benefit to the retired applicants who have already retired on superannuation O.A. No. 043/00321/2021 Item No. 5 4 from service with all consequential benefits including arrear monetary benefits.
3. As per Smt. U. Dutta, Learned Counsel for the applicant, has submitted that the applicants are working as Civilian Switch Board Operators(CSBO) in cadres of Grade - I & II. Since, they are similarly situated with the applicants of O.A. No. 3204/2011 filed before the CAT, Principal Bench wherein the Tribunal vide order dated 26.10.2015 directed the respondents to grant financial upgradation to them under MACPs in the grade pay of Rs. 4200/-, Rs. 4600/- & Rs. 4800/- on completion of 10, 20 & 30 years of regular service under the MACP scheme. Therefore, Smt. Dutta, Learned Counsel for the applicant has submitted that the benefit of the said order may be extended to them within a stipulated period of time.
4. Sri S.K. Ghosh, Learned Addl. CGSC appearing for the respondents has also admitted that the applicants are similarly situated with the applicants of the aforesaid order O.A. No. 043/00321/2021 Item No. 5 5 and the authorities have already implemented the said order.
5. In view of the above, the respondent no. 2 is directed to extend the benefit of the judgment dated 26.10.2015 passed by CAT, Principal Bench in O.A. 3204/2011 along with the order 03.03.2021 issued by the Govt. of India, Ministry of Defence by granting financial upgradation to the applicants with all consequential benefits including arrear monetary benefit by way of re-fixation of pay and pensionary benefit in the case of the retired applicants within a period of four months from the date of receipt of a copy of this order by re-fixing their pay.
6. Accordingly, O.A. stands disposed of with the above observations and directions with no order to as costs.
(DR SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
Sk
O.A. No. 043/00321/2021