Central Administrative Tribunal - Jodhpur
Gajender Singh vs M/O Defence on 11 April, 2022
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR
Original Application No. 290/00358/2018
Pronounced on , ll .O4.2O22
Reserved on : Ot.04.2,O22
CORAM
HON'BLE MRS. JASMINE AHMED, MEMBER (J)
HON'BLE MS. ARCHANA NIGAM, MEMBER (A)
Gajender Singh S/o Sh. Malla Ram Yadav age about 49
years, R/o 26th Pooja Cotoni Gali No. L, Ward No. 32,
sriganganagar. Presently working on the post of Tailor in
L7 6 lvlilitary Hospital Sriganganagar Rajasthan.
.......Applicant
By Advocate: Mr S.K. Malik.
Versus
1. Union of India through the secretary, Ministry of
Defence, Rdksha Bhawan, New Delhi.
2. The Director General Medical services (Army),
Adjutant General's Branch, IHe of MoD, L Block, New
Delhi- 110001.
3. The commanding officer, L76 Military Hospital pin
903L76 C/o 56 ApO.
Respondents
By Advocate: Mr K.S. yadav.
$
ORDER (Oral)
Per Hon'ble Mrs. Jasmine Ahmed. Member (J)
1. The present original Application has been fired by the applicant under Section 19 of the Administrative Tribunal's Act, 1985 seeking following reliefs.
(i) By an appropriate writ order or direction impugned order dated 12.07.2018 at Annex. A/l be declared illegal and be quashed and set aside.
(ii) By an order or direction respondents may be directed to grant skilled grade pay scale to the applicant from the date of his initial appointment with all consequential benefits as has been granted to similarly situated employees.
(iii) Exemplary cost be imposed for causing undue harassment to the applicant.
(ir) Any other relief which is found just and proper be passed in favour of the applicant in the interest ofjustice.
2. Learned counsel for the applicant narrating the facts of the case stated that the applicant was appointed on the post of Tailor w.e.f. 01.10.1994 the pay scale of Rs 750- 940 and was posted to various military hospitals from time to time and he is presently posted at 176 Military Hospitats Sriganganagar w.e.f. 14.06. 1999.
3. It is the contention of learned counser for the applicant that by virtue of various oAs filed before the various Benches of the Tribunal, the Tribunal held that the post of Tailor Tradesmen comes under skilted category and directed the respondents therein to grant the benefits of pay scale attached to the skilled category post from the date of their initial appointment. The judgments of the Tribunal were challenged unsuccessfully before the Hon'ble High Courts by way of writ petitions and SLP was also filed against the same in the Hon'ble Supreme Court but the same was rejected. Hence, the post of Tailor Tradesmen held to be a skilled category post upto the level of Hon'ble Apex Court and benefits attached to the skilled category post have been granted to the applicants therein. Learned counse! for the applicant states that one similarly situated person Sh. Surender Lal Tailor of Base Hospital Delhi Cantt took up the matter with the respondents for grant of skilled category pay scale with higher authorities but the same was declined. Aggrieved of the same, he approached CAT Principal Bench by filing OA No. t06/2007 wherein the Principal Bench of the Tribunal set aside the action of the respondents and directed the respondents therein to extend the benefits of skilled category pay scale to Sh. Surendra Lal. He further stated that the applicant also submitted representation dated 06.04.2018 (Annex. A/2) to the respondents but the same has been rejected by the respondents vide impugned order dated L2.07.2018 (Annex. A/L). Hence, aggrieved of the same, the applicant has approached this Tribunal with a prayer to grant the benefits of the skilled category pay scale to his post of Tradesmen Tailor with all consequential benefits from the date of his initial appointment.
4. Placing reliance on the judgment Hon'ble Delhi High Court in W.P. (C) 142512007 decided on 19.08.2010 in the I case of Smt Bhagwati Vs Union of Ind ia & Ors, lea rned counsel for the applicant stated that in paragraph 19 of the judgment it has clearly been held by the Hon'ble Delhi High Court that the post of Tradesmen Tailor is a skilled category post, hence, he prayed that impugned order dated L2.07.2018 may be quashed and set aside and the respondents be directed to grant skilled grade pay scale to the applicant from the date of his initial appointment with all consequential benefits as has been granted to similarly situated employees namely Surinder Lal.
5. On the other hand, the respondents filed their reply and rebutting the arguments advanced by learned counsel for the applicant, learned counsel for the respondents took the objection that judgment passed by the Principal Bench of this Tribunal in OA No. L06/2007 dated t2.07 .2007 (Surinder Lal Vs Union of India & Anr) does not disclose the controversy. He further contended that the impugned order passed by the respondents is legal and justified as the concerned pay scale in which the pay is to be fixed is primarily required to be seen from the recruitment rules of the post. He further stated that in his representation, the applicant has not disclosed the claim of any pay scale pertaining to skilled category and as such, the pay of the applicant has been correctly fixed as per recruitment rules. Rebutting the claim of the applicant regarding payment of skilled grade from the date of initial appointment, Iearned counsel for the respondent contended that the applicant has not preferred any representation before the respondents in this regard, therefore, instant oA is liab[e to be dismissed as the applicant has not filed any representation prior to approaching this Tribunal' Learned counsel for the respondents thus prayed that impugned order is perfectly legal and justified and in view of provisions contained in Administrative Tribunals Act, 1985' present oA is not maintainable as the applicant has not filed any representation with regard to grievance raised in the present oA seeking pay scale of skilled category'
6. We have heard learned counsels for the Parties, perused the record as well as judgment cited.
7. The respondents took the plea that the applicant has not exhausted remedies available to him as he has not filed any representation disclosing his claim regarding grant of skilled category pay scale. while going through the record, we find that the applicant has not filed any such representation to the respondents. Hence, we feel that the matter is premature at this stage. However, to the meet the ends of justice and taking into consideration fact that the respondents have not denied the grant of pay scale attached to the skilled category post for Tradesman Tailor to other persons, we deem it appropriate to dispose of this OA with certain directions' B. AccordinglY, the aPPlicant is directed to file fresh detailed representation to the respondents in regard to grant of skilled category pay scale for the Tradesmen Tailor, which were granted to the similarly situated persons by virtue of judgments of various Courts as submitted by learned counsel for the applicant, attaching therewith the judgments relied upon by him within two weeks from the date of pronouncement of this order. After receiving the said representation, the respondents shall decide the representation of the applicant within two months by passing a detailed speaking order. If the facts and circumstances and issue in hand is found akin to the claim of similarly situated persons the applicant seeking benefit of, then the respondents shall grant the applicant similar benefits.
9. OA is accordingly disposed of with no order as to costs.
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(ARcHAr$e rrrrcar) (JASMTNE AHMED)
MEMBER (A) MEMBER (J)
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