Central Administrative Tribunal - Chandigarh
Sukhjinder Kaur vs M/O Ayush on 1 October, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A. No.060/00804/2015 Decided on: 19.12.2016 & MA No. 060/00661/2016 Coram: HON'BLE MR. SANJEEV KAUSHIK, MEMBER (3) HON'BLE MR. UDAY KUMAR VARMA, MEMBER (A) Sukhiinder Kaur, Aged 60 years, D/o Sh. Sher Singh W/o Sh. Ashwani Kumar, Ex. Sister Incharge at National Institute of Ayurvedic Pharmaceuticals Research, Past Box No. 38, Moti Bagh Road, Patiala, resident of 60, Hem Bagh Colony, Patiala - 147001, wear «Applicant Versus
1. Union of India through the Secretary, Ministry of Ayush, Government of India, Ayush Bhawan, °B' Block, GPO Complex, INA, New Delhi -1 10023.
2. Director General, Central "Council "for. Research in jynves 110058.
3. Incharge, | Nation : Ayurvedic Pharmaceuticals Research, Post Box No. 38, Moti Bagh Road Patiala. A ee Respondents Present: Mr. R.K. 'Sharma, COUNS sel for the. applicant Mr. Ram Lal Gupta, counsel for respondent No, 1 None for the other respondents ~ Order (Oral) BY HON'BLE MR. SANJEEV KAUSHIK, MEMBER (3)
1. This O.A. has been filed by the applicant seeking the following reliefs;-
"i} Quash order dated 19.05.2015, passed by Respondent No. 2, copy Annexure A-1, whereby conscious decision of the Competent Authority as contained in Office Order No. 3186/2012-13 dated 21" February, 2013 and also adapting Part-B of First Schedule of Sixth Central Pay Commission's recommendation as ratified by Governing Body placing the Sister Incharge in the Grade Pay of Rs.4800/- has been cancelled, thus taking away vested right of the applicant with retrospective effect.
iD Quash Office Order No. 89/2015 dated 26.05.2015, copy Annexure A-2, passed by Respondent No. 3 whereby benefit
-2- 6.A. No.060/00804/2015 of revised Grade Pay/Pay band-2 granted vide order dated 06.06.2013 has been cancelled and further ordered to re-fix the pay of the applicant w.e.f. 01.01.2006 by reducing her Grade Pay from Rs.4800/- to Rs.4600/- and to do recovery of overpayment(s) made to her thereby w.e.f, 01.01.2006.
iif) Quash Memorandum No. 3-10/2015-CCRAS/Vig, {1119 dated 30,.6.2015 passed by Respondent No. 2, copy Annexure A-3, whereby representation of the applicant has been rejected on the basis of order Annexure A-1.
iv) Issue directions to the respondents to continue the applicant with grade pay of Rs.4800/- with all consequential benefits including revised retiral benefits."
_ MA NO. 060/00661/2016 filed by the respondents is allowed and the annexed reply to rejoinder is taken on record. . Learned counsel for the applicant very fairly submitted that in view of the averments made Pye the respondents in their reply to rejoinder, particularly i paras (vl) and Aiviff) thereof that the respondents have already ¢ submit ited a consolidated nropasal to the higher authorities, in: te r ae "of Off ce Memorandum dated 07.10.2008 (Ani nexure Re 4) to eo Ministry for grant of benefit of Grade pay of RS. 4800/- ,as claimed by the applicant herein, this. O.A. "may: be disposed of with, 'direction to the respondents to. take a view on. the "recommendations dated 18.12.2015 within some fixed time-frame. _ Learned counse! for the respondents submitted that the respondents may be granted reasonable time to consider and take a view on the recornmendations dated 18.12.2015. . Considering the ad-idern between the parties, this O.A. is disposed of with direction to the respondents to take a view on recommendations dated 18.12.2015 by passing a reasoned and speaking order within two months. The order so passed be duly communicated to the applicant. If the respondents take a view in favour of the applicant, the consequential benefits be given to her
-3- O.A, No.060/00804/ 2015 within a reasonable time, without forcing her to approach the Court again.
~ (UDAY KUMAR VARMA) (SANJEEV KAUSHIK) MEMBER (A) MEMBER (3) PLACE: Chandigarh Dated: 19.12.2016 'mw