Central Administrative Tribunal - Kolkata
Dwipendra Lal Bandyopadhyay vs Atomic Energy on 18 September, 2017
-
R, Y IN THE CENTRAL AbMINISTRATIVE TRIBUNAL CALCUTTA BENCH Original Application No. 350/0 11 29of 2017
1. 5r• i bwipendra Lal BondyopadhyaY, son of bwi3endra Lal Bandyopadhyay, aged about 66 years, retired as Scientific Officer F from VECC, Computer Code N. 801/1741 residing at Sourav Abasan., Flat No. B-5, CL-i and 2, Sector II, Bidhannagar, Kolkata-700064.
2. Sri Subrata basgupta, son of Priyabaridhu basgupto, aged about 69 years, retired as 50/?1from VECC, Computer Code No. 801/36, residing at 5A, Saffron Tower II, Sunrise Point, Action Area 2C, New Town, Kolkata-700157.
3. br. Jadunath bay, son of br. Gobardhan be, aged about 76 years, retired as Scientific Officer from VECC, Computer. Code No. 801/130, residing at BH-135, Sector II, Salt. Lake, Kolkata-700091.
4. Ms. Maitreyee Chatterjee, widow of Late Tapan Ku mar• Chattopadhya'f, aged about 61 years, her huband retired as Scientific Officer/BE from VECC, 2 Computer Code No. 801/107B, residing at A.6/14, Baitauik Co-Operative Housing Society Limited, Baghajatin (E.M. Byepas) Kol:kata-700094.
Mohammad Eqbal, son of. Sayed Shamsad Alu,, aged about 69 years, retired as Scientific Officer from VECC, Kolkata, ot O dè, No 8tif18a, residing at Pb. 454/11, Sector III, Salt Lake City, Ko I kata-700106.
Sri M;rinal Konti Majurndar, son of Late Jogeh Charidra Majurndar, aged about 77 years, reffèd as Scientific Officer/b from VECC, Computer, Code No. 801/157, Prent: R-901/157, residing at 57/2V/1, N S C Bose Road, regent Park, Kolkata- 700046.
Sri Pawan Kumar Khernka, son of Late Purusottarndas Khernka, aged aboUt 72 years, retired as Scientific Off icer/G from VE.CC, Computer Code No. 800/008, residing at Flat 38, Ncvajeevn Building, 54/1A, Hazra Road, Kolkata-700019 Sri Biplab Kumar Khasnabis, son of Late Kamakhyd Charan Khasncbis, aged about __ 3 / 66 years., retired as Scientifi.c Officer/b from BARC, Kolküta, Computer Code No. 801/204, residing at Quack Co-Operative Housing Society Ltd, bA-45, New Town, Action Area-i, Street r No. 274, Kolkata- 700156.
9. Sri Nitci Kurnar Mukhopadhycty, son of Late Bhupendra Narayan Mukhopadhyay, .aged about 70 years, retired as Scientific Off icer/G from V.ffComputer Code No. 801/007, residing at AK-5, Bidhannagar, Kolkata-700091.
10. Shri Arun Kurnar Sinha, son of Satya Prasanna Sinha, aged about 77 years, retired Scientific Officer Offrom VECC, Computer Code No. 801/2 00 residing at Sangam Residential Complex, 123, Sarat Chatterjee oad, E-9, Lake iown, KOlkQta-700089
11. Shri Gopesh Chandro Chaki, son of Shri Gouranga. Chaki, aged about 70 years, retired Scientific Officer from VECC, Computer Code No. 802/112., residing at C-3, Sangam Residential Complex, 123, n i g L . 4 Sarat. Chàtterj.ee Road, E-91 Lake Town, Ko I kata-700089.
Ajoy Kumor. Mukherjee, son of late SaiiendraKumar Mukherjee, aged about 69 years, retired Scientific Officer F from VECC, Computer Code No. 80/158, rsidihg dt .31/C-11, 'Hari Nath be Road, kó1ká70009.
Nraydn Chandra Samanta, son of Panchanan Samanta, aged about 67 years, retired Sciettif•ic Officer H from VECC Computer Code No. 801/149 residing at Kamal Apartment, Flat No. B-2, b 203, Kamal Park, Rabindra Pally, P.O. Prafulla Kanan, Kolkata-700101.
14. Indira Chakraborty, daughter of burgadas Ba9chi, aged about 73 Years, retired as Scientific Officer E from VECC, Computer. Code. No. 80/144, residing at BF-234, Sector-I, Salt Lake, Kolkóta-700064.
15. Tapan Kr. Chakraborty, son of Anitya Kumar Chakraborty, aged about 73 years, retired as Scientific Officer b from VECC, Computer Code No. 80/070, A ce U 141 residing at BF-234, Sector-I, Salt LQke, Kolkafa-700064.
16. Subimal Kumar Mukherjee, son of Late Golóke Nath Mukherjee, aged about 72 years, retired Scientific Officer E from VECC, Computer Code No 80/126 0 residing at Flat No. 1B, 412, bum bum Park, Kolkata-700055.
17, Sri Shyamal Kurnar Bose, son of Nalin Bihari Bose, aged about 71 years, retired as Scientific Officer E from VECC, Computer Code No. 80/362, residing at 3B, Narayani Apartment, 105, Baneree Para Road, Kolkata-700041. Chittaranjan Haldar, son of Late Netai Chandra Haldo.r, cgd about 74 yer& retired as Scientific Officer & from birectorate of, Construction, Services and Estate Management, (bCSEM) bAE, Computer Cod.è No 201/137,.residg at E9/5, Karu'riamoyee Housing Estate, Salt Lake, Kolkata-700091.
Sri Topas Kumar Ra', son of Late: Ajit Kurnor Ray aged about 76 yeUrs, retired k Computer Code No. 201/138i residing at Fb-454/5, Sector III, Salt Lake, Kolkata-700106.
Sri Samir Kumar Basu, son of Late Suresh Chandra Basu, aged about 76 yearS, retired as Scientific: Officer E from bCSEM, Computer Code No. 2011141, residing at Joydeep 104/1), Garia Gardens, KoJkata-700084.
br. ShankUr Kumar Saha, son of Late Gour hthdrd 3aha, aged about 70 year, iètIed as Scientific Officer • from Bhabha Atomic Research Centre, Computer Code Na. G/801/150, residing at Flat No. 87, Cluster 8, Purbachal, Salt Lake, Kolkata-700097.
Smt Arati bebnath, wife of Late Nepal Chandra bebnath, aged about 72 years, her husband retired as Scientific Officer (E) from bCSEM, Computer Code No. 201/1621 residing at Viii. & P.O. Ganganagar, North 24 Pargonas, .Koikata- 700032.
Shri Sunil Kumar &üha, 86h. of Late Ramésh Chandra Guha, aged about 80
--
7years, retired as SO/F from Bhabha Atomic Research Centre, Computer Code. No. /801005A, residing. at 163/1 Shyamnagar Road, South bum' bum, KoIkata-700055'
24. Sri Nihar Ranjan Biswas, son of Late. 1 basharath B'iswas, aged about 78 years, retired as 50/E from bCSEM, bAE, Computer Code. No. 201/175 . residing t 942/2 , Jessore Road, Koikat,a-70,0074. 25 Sri Ram Singh, son of Late Charanji Singh, aged about 72 years, retired as SOlE from, bCSEM, Computer' Code No. 201/150, residing at F43/6, Karunamoyee Housing. Estate, Sector II, .Sait Lake, KoIkat-700091 Sri Sudhindra Nath Mitra, son of Late Lout Mohan Mitra, aged about '73 years, retired as Scientific Officer b, Computer Code No, 801/2 21, residing at 23, Jätin bas Road, Ichapur Nawabganj, bist. North 24 Parganas, Pin'-743144, Sankar Shattacharya, son of Late Jaydeb hattacharya, aged' about • 67 years, retired as 05/F, CQmpufer' Code No. 8 801/102, residing at Pb 454, Flat No. 1, Sector III, Salt Lake, Kolkata700106.
, son of Kanai
28. br. GaurangO Su ndar Taki Lol Taki, aged about 64 years, retired as CC 801/166, SO/H, Computer Code No. residing at 24/8, Mahendra BhattaCharya Road, HowrQh7lllO4.
29. Sri Aoy Sankar Ban€r3ee, son of Barindra Kumar Baneree, aged about 65 Computer Code years, retired a05i No. 801/165, residing at bA Co. Op Housing Society Road, Block 'A' 2ndf S.C. Mul!ick Floor, 410 0 Ra3Q Kolkata-700047.
30. Sri KailaS Prasad Basu, son of Nirode Baran BOSU, aged about 72 yearS, retired as SO/b, Computer Code No. 801/262, residing at A-3/30, Purbachal Colony Main Road, HaliSahar, P.O. Nabanagar, bist. North 24 ParganaS.
31. Sri Sankar Kumar Ray, son of Shiba Prasad Ray, aged about 7.0 years, retired as Scientific Officer E from VECC, Computer Code No. 801/172, residing at croz. .QcE F-3, Jaysree Park, Behala, K61kata- 700034
32. Sri Manoj Kumar Mukherjee, son of Karnala Kanta Mtikherjee, aged about 69 years, 'retired' as SOlE from VECC, Computer Code No.. 801/128 residing at 3-3841. 9-2, . P. Township, Ko1kata 7000:94.
33. Sri anadhir bey, son . of Late Khfr'ish Chandro be ed' about 64 years, retired as .fro m VECC, Comter Code No. 801/045, residing at E2/2, runarnàyee, Sector It, . 5alt Lake, KôIkQtQ-700091
34. bilip" Sankar B'haftacharya, aged about 70 C' years, retired as SO/G from VECC, Computer Code No, R 801/009A, residing at uph... Complex, 1-3,, Fiat 1.03., New Town, 'Kd1küt7Q156
35. Shri Mihir Ranjan". butfá. Majur.dar, aged about 66 years, retired as 50(E) from VECC, Computer Code No. 801/197 residing at 1602 Ambajika 3rd Floor, Madurdah, Kolkata-700107 ..•..1
--
10
36. Sri KaiprUp Gho5h, son of Birecndra Nath Ghosh, aged. about 66 years, retired as SOlE from VECC, Computer Code No. 801/379, residing at C-53, Jaysri Park, Behala, Kolkata-700034.
37; Sri Thpan Jyoti Sén, son of Late Satish Ranjan Sen, aged about 69 years, retired as SO( From VECC, Computer Code No. R-801041, residing at 11/5, WIB(R) PL 4A, Golf Green, Kolkata-700095. 38 Kesava Panicker Rdth Nair, son of N. 'Kesav Pànicker, aged äbour 67 years, retired a- s SOlE from VECC, Computer Code No. 801/159; residing at 6B, Krishna Arcade, Krishnapur, KäIkata- 700102.
39. Sri Ranendra Mohan Nath, son of Jatindra Mohan Nath, aged about :73 years, retired as SO/E from VECC, Computer Code No. 801/161, residing at 71, Biren Roy Road, West (71), P.O. Sarsoona, Kolkata-700061.
40.•5ri Ramesh Chandra Senapati,son of Late • •• .
-
/ • : 11 Computer Code. No.. 801/183 residing at B 4/56, Kendriya Vihar VIP Road, Mondalganthi, Kolkata-700052 41 Sri Sankar Kumar Mitra, son of Late $óntosh Kumar Mitra, aged about 67 • .
years, retired as Scientific Officer F-I from VECC, Computer Code No. 801/034, residing at Plot No. 119., Kalindi Housing • Estate, Lake Town, Kolkata-700089. 42 Shri bulal Guha, son of Late Satyalal Guho, aged about 70 years, retired as Scientific Officer • E from VECC, Computer Code No.1 801/228, residing at P-7, Bansdróni Park, Kolkata-700.070. 43 Sri Gopal Chandra Basak, son of Srishlal Basak, aged about 66 years, retired as Scientific Officer E from VECC, * Computer Code No. 801/181, residing at • 0 AG-130, •:Rabindra Palli, • Taibagan, Hanapara,Kestopur, Kolkata-700101. ••
44. Sri Chaturanan • Mallik, son • of Late Chandra Kanta Mallik, aged about 66 years, retired as Scientific Officer from VECC, Computer Code No. 801/093, • residing at Flat - 1A, Tower 5, Rosedale • H • . • 1--
• 4 12 Garden, action Areci-3, New Town, Rajarhat, Kolkata-700160. Shri •Bhäbani Prasad Mukherjee, son of Late Nil Ratan Mukherjee, aged about 73 years, retired as Scientific Officer b from VECC, Computer Code No. R801/167, residing at F-33/4, Karunamoyee Eb Block, Bidhan Nagar, Kolkata-700091. Sri Krishna Gopal Bis.was,son of Gour Han Biswas, aged about 76 years,. retired as Scientific Officer F from. VE, Computer Code No. 801/1.03, residing at bb 206, Premises No, 04/293, New Town, Action Area 1-1), Kolkata-700156. Sri bebaprosad Hajra, son of Late Monomohan Hajra, aged about 67 years, retired as Scientific Officer &j from VECC, Computer Code No. 801-124, residing at Anuprabha Co. Op. Society, Flat - 2B, Plot AL/1/C/13, AA-1, New Town, Kolkata-700156.
48. Srimanta Kumar Pattanayak, son of Late Sadhu Charan Pattanayak, aged about 63 years, retired as Scientific Officer (E) from VECC, Computer Code. No. RO JQ th' All 13 Block 01/216, residing at Plot No. AA 32, A, Flat No. 4E, Mohendro Enclave, PrdfUllQ Kanan, Kolkata-700'i°1
49. Suraj beo." Tiwafy, son of Late Bhalal liwari, aged about 73. years, retired as Scientific Officer F from VECC,. Computer Code No. 801/038, residing at AH-12, Salt Lake City, Sector-Il, Ko I kata-700091.
50. Sri Sun'il Kumar [)as, son of Late AshutoSh [)as, aged about 71 years, retired as Scientific Officer. H from VECC, Computer Code No. 801/0.121 residing at B8, bigantika1 Salt Lake, AH Block, Kolkata-700091.
51. Sri Bhudeb MukhopadhYay1 son of Bamdeb MukhopadhyaY, aged about 67 years, retired as Scientific Officer Eif Computer Code No. 801/035, residing at B-9, bigantiko II/AH, Salt Lake; K061kata- 700091.
52. Ms. Chaitali Bhattacharya, wife, of Narayan Chandra Bhattacharya, aged about 65 years, her husband retired as Scientific Officer from VECC, A 4!M LtO6'Z 'eW t1!M L10t6'0SE ° Lt0ZE9 eW
4..
Computer Code No. 801/016-1 residing at 1 H8 281, Sector ITT, Salt 'Lake, K6ikata- 0'0106. ' Probal &angopadhyay, son of Late binesh Ranjan Ganguly,- aged about 64 years, retired as Scientific Officer F from VECC, Computer Code No. R 801/178, residing at Flat - 2/2J, Club Town Enclave, 20, Chirtar Park, Kolkata-700157. Sri Prosanta Kumar Mukhopadhyay, son of Late Gopinath Mukhopadhyay, aged about 74 years, retired as Scientific Officer E from VECC, Computer Code No. 801/156, residing at br. S.P. Ghosh Road-, Surpara, Bagbazar, Chandannagar, Piri-712136.
Applicant - Versus- 0
-1. Union of India, represented by its Secretary, Ministry of Atomic Energy, New belhi-110001.
2. The Chairman, Atomic Energy Commission and Secretary, bepartment ' of Atomic Energy, Anusakti Rhawan, Chathrapati Shivaji Marg, Mumbai- 400001.
\Q1
-
3. birector, Variable Energy Cyclotron Centre, 1/A F, Bidhan Nagar., oTkata- 700064. 0 •. 0
4. birector., Construction, Services., Etate' . Management, Vikrwn Sarabhai Bhivün, A nUsakti Nagar, Murnbai-400094. 5 birector, haba Atom ic' Research Center, Trombey, Mumbai-400085. .6. The Secretary, Ministry of Personnel, Public Grievances & Pension, beparfment. of Personnel & Training, Central Secretariat, New belhi-110001.
Respondents 0 0 O ô.a. 350,429.2017 with ma. 259.2017 with ma. 563.2017 Date of order: 18.9.2017 No. O.A. 35010042912017 M.A. 350/00259/2017 M.A. 50/00563/2017 Present: Hon'ble Mr. A.K. Pattnaik, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member For the Applicant : Mr. S.K. Das, Counsel For the Respondents : Mr. T.K. Chatterjee., Counsel OR D E R (Oral) A.K. Pattnaik, Judic.ialMernbfi S.K. Das, Ld. Counsel for the applicant and Mr. T.K. Heard Mr. Chatterjee, Ld. Counsel for the official respondents.
2. This 'O.A has been filed by Mr. Dwipendra Lal BandyopadhYaY and 53 others challenging non-granting of two additional increments treating as Pension and Pensioflary benefits, as per "Pay" for payment of DA, HRA, 3.2.199 issued by the respondents and O.M. No. 112199-SCS/113 dated 16. also nonconsiderati0n of representations dated 2.3.2016 and 22.4.201 This O.A; has been filed praying for the following reliefs:
of "a) An order granting leave to the applicants under Rule 4(5) (a) the Central Administrative Tribunals (Procedure) Rules, 1987 to move this application jointly.
An order holding the action of the Respondent authorities in not treating the two Additional Increments sanctioned by the President vide Office Memorandum dated 03.02.1999 as 'Pay 'for the purposes of Dearness Allowances, House Rent Allowances, terminal benefits including Pension as arbitrary, illegal, unjust and therefore, violative of Articles 14 and 16 of the Constitution of India. An order irecting the respondents to treat the two Additional, Increments sacntioned' vide Office' Memorandum dated 03.02.1999 for all the purposes and compute and release the arrears of the Dearness Allowances, House Rent AlowanceS and pension 'and amount due to the applicants towards upward revision of terminal Benefits including interest thereon. An order declaring that the applicants are entitled to exemplary costs for having thrust their unwarranted litigation on them.
Any other order or further orders as to this Hon'ble Tribunal may seem fit and proper."
3 The facts in a nut shell as per Mr. Das, Ld. Counsel for the applicants TJ.T 632Ol7 1 - o.a. 350.429,2017 with ma. 259.2017 WIthP: 6
1 53 and 54 and husbafld are that the applicant NOS. 1 to 3, 5 to 21 23 to 51 as Scientific of applicant Nos. 4, 22 and 52 were appointed 'Offic'ers/Eflgine&s on different dates 'through selection process conduCtd 0jentists/Enge 'D I
-for thepurpose and all of them held the GradeS of Scientist! EnineerS 'E', Scientist /'nieer lF and Scientists! Engineers 22 and 52. and all other appliCafl '0 the husbad of ppli*'t NOs. 41 ië and they are family pensioners respectively. The ha retired from sery f Atomic Energy issued an O.M. No. Govt. Of, india, bepartment o entives to the l/2!9SCS!11 dated 3,2,1999 providing inc ; eeping in view the role played by them in the development of high technology and systems for strategic applications.
They were granted two additional increments in their respective pay scales w.e.f 1.1.96 after their normal pay fixation. As pr the said O.M'. dated 4.6.1999 it was clarified that the two additional increments are to be treated separately and not to be m ered with the basic pay fIxed under normal rules. Subsequently vide memo dated 29.10.2001 it was clarified that additional incremehts up to the level of Rs. 16400-20400/- are to be termed as a sepãratê element and therefore., it may not be possible to ag.ree to these increments bein counted as 'Pay' for all purpoSe. AggrieVe b this order the applicants prefered rëpreSetati0n dat?d 15.1.2016, follbwed:bY another 'representation dated 2.3.2016 a nd 22.4.2016 and also relevant orders passed by various Tribunals, which are still pending consideratiOn.
Mr. Dab, Ld. Counsel for the applicants submitted that.thegriev.aflCe 4:
of the applicant Would be more or less addressed if a specific order is ncerned authority i.e. respondent No. 2 to passed by directing the co ns dispose of the representation dated 15.1.2016 followed by repiesenttO dated 2.3.2016 and 22.4.2015 respectively within a specific time frame. 10
I o.. 350.429.2017 with ma. 259.2017 with ma. 563.2017 5, Therefore,.we dispose of this O.A. by directing the respondento. 2 that, if any, such representation as claimed by the applicants have been
- preferred on 151.2016. followed by 2.3.2016 and 22.4.016 and t.hësnie is still pending consideration, then the same may be considered and dipbed of within a od of fourweeks froth the date of receipt of this o:rde.
6. Though. we have not efltered into the merits of the case still then we hope and trLst that after such con'ideri if the applicants grievance .i found to be genuine theh expeditious steps hiay be taken by the concerned respondent No. 2 within a further period of 6 weeks from the date of such C 0fti d 6, -r a i i" 6-n to extend the benefits to the applicants. However, if in the meantime, the said representations stated to have been preferred on 15.1.2016, 2.3.2016 and 22.4.2016 has already been disposed of then the result thereof be communicated to the applicant within a period of 2'weeks from the date of receipt of acopyof this order.
With the aforesaid observation and direction, the O.A. ,is disposed. of. Accordingly, both the M.A.s are also dispoéd.of. 8 As prayed for by Mr. Das, Ld Counsel a copy of this order alon with paper book.be tra'hsmitted tO' the resondent No. 2 Iby sP6'ed post for which Mr. Das undertakes to deposit necessary cost in the Registry by the flet week.
(Dr. Nandita Chatterjee) (A.K.Pattnaik) Administrative Member Judicial Member sP