Central Administrative Tribunal - Jodhpur
Neeraj Yadav vs M/O Human Resource Development on 8 March, 2018
10049615080318290.txt
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH
...
OAs No.494/2015, 495/2015, 496/2015, 497/2015, 498/2015, 499/2015, 500/2015,
501/2015, 502/2015, 503/2015 and 121/2016
This, the 08th day of March, 2018
Reserved on 06.03.2018
...
CORAM:
HON'BLE Ms. BHAMATHI, MEMBER (A)
HON'BLE Mr. SURESH KUMAR MONGA, MEMBER (J)
...
OA No.494/2015
Ramdeen Khod S/o Shri Poona Ram Khod, aged about 52 years,
resident of Village Ghundana Via Pipar Road, District Jodhpur.
At present working at Trained Graduate Teacher (Social
Science) at Jawahar Navodaya Vidhayala Rajsamand.
...Applicant.
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Rajsamand through its
Principal.
...Respondents.
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OA No.495/2015
Suresh Kumar Sharma S/o Shri Dinesh Kumar Sharma, aged 38
years, resident of 8/211, Shikshak Colony, Gupteshwar Road,
Dausa. At present working at Trained Graduate Teacher
(Maths) at Jawahar Navodaya Vidhayalaya, Rajsamand.
...Applicant.
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Rajsamand through its
Principal.
...Respondents
OA No.496/2015
Neeraj Yadav D/o Shri Prabhkar Naresh Yadav W/o Shri Subah
Singh Yadav, aged 35, resident of C-107, Hasan Khan Mewat
Nagar, Alwar. At present working at Trained Graduate
Teacher (Hindi) at Jawahar Navodaya Vidhayalaya,
Jaswantpura District Jalore.
...Applicant
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
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3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Jaswantpura District Jalore
through its Principal.
...Respondents
OA No.497/2015
Indu Chahar D/o Shri Vijendra Singh W/o Shri Virendra Singh
Choudhary, resident of Fanta Sagar Road, Near CRPGC-II, Ajmer,
At present working at PET (Women) at Jawahar Navodaya
Vidhayalaya, Jaswantpura, Jalore.
...Applicant
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Jaswantpura, Jalore through
its Principal.
....Respondents
OA No.498/2015
Smt. Sanjana Meena D/o Shri Subhash Chandra Meena, aged 34
years, resident of Village Sihod, Tehsil Khetari District
Jhunjhunun. At present working at TGT (English) at Jawahar
Navodaya Vidhayalaya, Rajsamand.
...Applicant
VERSUS
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1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Rajsamand through its
Principal.
....Respondents
OA No. 499/2015
Pramod Kumar Mathuria S/o Shri Ramewaroop Mathuria, aged
39 years, resident of Meena Colony, Khandar, District Swai
Madhopur. At present working at TGT (Hindi) at Jawahar
Navodaya Vidhayalaya, Kalindari District Sirohi.
...Applicant
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Kalindari, District Sirohi
through its Principal.
....Respondents
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OA No.500/2015
Prahlad Dan Charan S/o Shri Bhanwar Dan Charan, aged
about 37 years, resident of Village Amarpura, Tehsil Makrana
District Nagaur. At present working at TGT (Music) at Jawahar
Navodaya Vidhayalaya, Jaswantpura,
Jalore.
...Applicant
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Jaswantpura, Jalore through
its Principal.
....Respondents
OA No. 501/2015
Dinesh Kumar Vyas S/o Shri Gouri Shankar Vyas, aged about 42
years, resident of Brahmino Ki Sareri, Bhilwara. At present
working at Trained Graduate Teacher (Maths) at Jawahar
Navodaya Vidhayalaya, Rajsamand.
...Applicant
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
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Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Rajsamand through its
Principal.
....Respondents
OA No. 502/2015
Sarla Soni D/o Shri Hasti Mal, aged 40 years, resident of A-247,
Vidhyut Nagar, Ajmer Road, Jaipur. At present working at TGT
(Science) at Jawahar Navodaya Vidhayalaya, Rajsamand.
...Applicant
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Rajsamand through its
Principal.
....Respondents
OA No.503/2015
Neetu Kumari Shekhawat W/o Shri Rajendra Singh Shekhawat,
aged 38 years, resident of Kumawat Colony, Near Railway
Station, Ringas, District Sikar. At present working at PET
(Female) at Jawahar Navodaya Vidhayalaya, Rajsamand.
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...Applicant
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Rajsamand through its
Principal.
....Respondents
OA No.121/2016
Chhagan Lal Meghwal S/o Shri Badhava Ram Meghwal, aged 39
years, resident of Tanot Mohalla, VPO Ramgarh District
Jaisalmer. At present working at Trained Graduate Teacher
(Maths) at Jawahar Navodaya Vidhayalaya, Jaswantpura
District Jalore.
...Applicant
VERSUS
1. Union of India, Ministry of Human Resources Development,
Department of School Education and Literacy, Govt. of India,
New Delhi through its Secretary.
2. The Commissioner Navodaya Vidhyalaya Samiti under
Ministry of Human Resources Development, Department of
School Education, Govt. of India, B-15, Institution 4-B Nagar,
Sector-62, Noida (UP).
3. The Deputy Commissioner, Navodaya Vidhyalaya Samiti,
Regional Office 18, Sangram Colony, Mahaveer Marg, C-Scheme,
Jaipur.
4. Jawahar Navodaya Vidhyala, Jaswantpura District Jalore
through its Principal.
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....Respondents
Mr. Mahendra Choudhary, counsel for applicants in OA
No.494/2015, 498/2015.
Mr. Mahendra Choudhary, proxy counsel for Mr. R.S.
Choudhary, counsel for applicants in OA No.495/2015, 496/2015,
497/2015, 499/2015, 500/2015, 501/2015, 502/2015, 503/2015 and 121/2016.
Mr. Avinash Acharya, counsel for respondents in all these OAs.
ORDER
Per Hon'ble Ms. B. Bhamathi, Member (A) Since the controversy involved in all the above OAs are similar therefore all these OAs are taken up altogether for disposal by a common order. For mentioning the controversy, we are taking up the OA No.494/2015 as a leading case.
2. The OA No.494/2015 has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking following reliefs:-
a. by an appropriate order or direction, to direct the respondents to re-fix the pay of the applicant by taking Rs. 7450/- (existing basic pay on that day) and then multiplying by 1.86 (which comes to Rs. 13875/-) and then add grade pay Rs. 4600/-
As such total pay of Rs. 18457 w.e.f. 01.01.2006 in the minimum pay scale of a TGT as recommended by the sixth pay commission or in alternate to grant pay scale of Rs. 12540 4600 (grade pay) - Rs. 17140/- to the applicant as has been granted to new enterant joining on 01.01.2006 or after the date as recommended by the sixth pay commission or to step up the pay of the applicant in respect to TGT juniors to him in the Navodaya Vidhyalaya Samiti irrespective of their region and subject. b. by an appropriate order or direction the impugned order dated 18.11.2015 passed by respondent no. 3 may kindly be quashed and set aside and may kindly be directed to decide representation of the applicants as prayer made in the prayer
(a).
c. by an appropriate order or direction the statement of pay fixation (Ann.2) passed by the respondent Principal may kindly be quashed and set aside and the directed the respondent Principal to refix the pay of the applicant as prayed in the prayer (a).
d. the respondents may kindly be directed to grant all the consequential benefits including annual grade increments as per the Revised Pay Scale Rules, 2008 after refixing the pay of the applicant as prayed in the prayer (a).
Page 8 10049615080318290.txt e. Any other appropriate order or direction which may be considered to be just and proper may be granted in favour of the applicant.
f. Cost of the application may kindly be awarded to the applicant."
3. While challenging the impugned order dated 05/18.11.2015, the applicants in all the above mentioned OAs have relied upon the order of the CAT Chandigarh Bench, Chandigarh dted 21.10.2014 passed in OA no.1163/HR/2013 by which the applicants therein were held "entitled to the pay scale of Rs.12540/- + 4600 (Grade Pay) = Rs.17,140/- as has been granted to a new entrant joining as TGT on 01.01.2006 or after the date as recommended by the 6th pay Commission." Hence, the respondents were directed to re-fix the pay of the applicant within a period of three months of a certified copy of this order being served upon the respondents and the arrears due to him on this account, may also be released within this period. Another similarly situated OA No.601/HR/2013 filed before of the CAT Chandigarh Bench of this Tribunal was also similarly disposed of in view of the consensual submissions made by the learned counsel for the both the parties and relief sought in Clause 8 (iii) of that OA was allowed as per the terms of order passed in OA No.1163/HR/2013 and as regards remaining paras 8 (i),
(ii), (iv) and (v), the applicant was given liberty to file his claim afresh, if so advised.
4. In the reply, the respondents have disputed the contentions of the applicant, but have also stated that the order in OA No.1163/HR/2013 has been challenged by the respondents in a writ petition bearing CWP No. 15961/2015 before the Hon'ble Punjab and Harayana High Court against the said decision in OA No. 1163/HR/2013, which is pending consideration before the Hon'ble Punjab and Harayana High Court. Therefore, in view of the above, the impugned letter dated 05/18.11.2015 was issued to all the JINVs restraining all the Principals from forwarding the application for sanction of increased scale till the outcome of the decision in the case pending before the Hon'ble Punjab and Harayana High Court at Chandigarh.
5. Heard learned counsel for the parties and perused the documents.
6. When the case came up for hearing on 06.03.2018, both the learned counsels submitted that the Hon'ble High Court of Punjab and Haryana at Chandigarh vide order dated 20.02.2018 passed in CWP No.15961/2015 (O&M) has decided the controversy in favour of the applicants. The operative portion of the judgment is as follows:-
Page 9 10049615080318290.txt "It is clear that the grievance of the petitioners is qua the interpretation placed by the respondents on the admissibility of the minimum pay of Rs. 17,140/- per month in terms of the pay fixation rules which would be payable to those teachers appointed after 1.1.2006 whereas those appointed prior were admissible to a pay fixed as per recommendations of the 6th Pay Commission by multiplying their basic pay as on 1.1.2006 with 1.86 + Grade Pay which came to less than Rs. 17140/- per month. This challenge was negated in various judgments of Delhi High Court such as W.P.(C) 8922/2017 titled as 'Adhyapak Shakti Manch, Delhi vs. Govt. of NCT, Delhi and another' decided on 17.1.2018, W.P.(C) 2634/2017 titled as 'Govt. of NCT of Delhi and anr. vs. Somvir Rana and others'. Reliance has also been placed on decision of Hon'ble Supreme Court rendered in case titled as 'Govt. of NCT of Delhi and another vs. Somvir Rana (TGT ENG) and others' decided on 1.9.2017.
Since the matter has already found approval with the aforesaid judgments being upheld by the Hon'ble Supreme Court, we would dispose of the instant petition in similar terms."
7. In view of the order passed in CWP No.15961/2015, the instant OAs are also disposed of in similar terms. No costs.
(SURESH KUMAR MONGA) (B. BHAMATHI)
MEMBER (J) MEMBER (A)
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