Central Administrative Tribunal - Delhi
All India Ordnance Factories Para ... vs Union Of India Through The Secretary on 12 January, 2010
Central Administrative Tribunal Principal Bench OA No.1030/2009 MA No.694/2009 New Delhi this the 11th day of January, 2010. Honble Mr. Shanker Raju, Member (J) Honble Mr. N.D. Dayal, Member (A) 1. All India Ordnance Factories Para Medical Staff Association through its Secretary Sh. K.S. Rana) Head Quarters Executive, Qr. No.2336/B, Type-II, Sector-I, Vehicle Factory Estate, Jabalpur-482 009. 2. Shri H.N. Srivastava, Radiographer, Ordinance Factory, Itarsi-461122, Madhya Pradesh. -Applicants (By Advocate Shri Amit Anand) -Versus- 1. Union of India through the Secretary, Ministry of Defence (F.Y.I.), Sena Bhawan, New Delhi. 2. Ordnance Factory Board Represented by Director General of Ordnance Factories, Ministry of Defence, Govt. of India, 10A, S.K. Bose Road, Kolkotta. -Respondents (By Advocate Shri V.S.R. Krishna) O R D E R (ORAL) Honble Mr. Shanker Raju, Member (J):
In this OA Radiographers have sought revised pay scale of Rs.5000-8000, which they have agitated before the Tribunal in several OAs, including OA-2672/2003, which were disposed of on 13.4.2004 with a direction to the respondents to re-examine the entire issue having regard to the decision referred to therein in case of Safdarjung Hospital where the stand now taken by the respondents as to non-possession of diploma and recommendations of the V CPC has been overruled. It is pertinent to note that when this decision of the Tribunal is assailed before the High Court of Delhi it was not only upheld but also the respondents have been directed to implement it by cancelling the proposal granting pay scale of Rs.4500-7000 to the applicants.
2. In the above view of the matter, the only impediment or the grounds which have not been found apt in law to entitle applicants to the pay scale of Rs.5000-8000 are non-possession of three years diploma course and recommendations of the V CPC. A discrimination would be invidious if identically situated are treated differently. One wing of the Govt., i.e., Ministry of Health and Family Welfare when in true letter and spirit of the direction of the Tribunal having accorded the Radiographers the pay scale of Rs.5000-8000, denial by another wing, i.e., Ministry of Defence, without any justification on overreaching the decision and observations of the Tribunal would not be allowed to infiltrate into an arena occupied by judicial dicta.
3. In the above view of the matter, we do not find reconsideration apt in law as per the directions of the Tribunal. Accordingly, OA is partly allowed. Impugned orders are set aside. Respondents are directed to re-examine the claim of applicant strictly in the light of the orders passed by the Ministry of Health and Family Welfare, extending to their Radiographers, without stipulation of requirement of diploma, the pay scale of Rs.5000-8000, by passing a reasoned and speaking order, keeping in mind the contentions of applicants and the observations made by us, within a period of three months from the date of receipt of a copy of this order. No costs.
(N.D. Dayal) (Shanker Raju) Member(A) Member (J) San.