Central Administrative Tribunal - Jabalpur
Jagdish Chandra Roy vs Union Of India on 22 July, 2016
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
JABALPUR
Original Application No. 1056 of 2013
Jabalpur, this Friday, the 22nd day of July, 2016
Mr. A.K. Patnaik, Judicial Member
Mr. G.P.Singhal, Administrative Member
Jagdish Chandra Roy, S/o Shri B.K.Roy,
Date of birth 6.3.1947, R/o Bilpura Colony,
In front of Hanuman Mandir, Post Office,
Vehicle Factory, Jabalpur-482009 (M.P.) - Applicant
(By Advocate Shri Vijay Tripathi)
V e r s u s
1. Union of India, through its Secretary,
Ministry of Defence, Defence Production,
South Block, New Delhi-110001
2. Chairman/Director General, Ordnance Factory Board,
10-A, Shaheed S.K.Bose Marg, Kolkata-700001(W.B.)
3. General Manager, Vehicle Factory, Jabalpur-482009 (MP)
4. The Principal, Controller of Defence Account (Pension),
Dropdighat, Allahabad (U.P.) - Respondents
(By Advocate Shri S.K.Mishra)
(Date of reserving the order:-20.07.2016)
O R D E R
By G.P.Singhal, AM.-
By filing this Original Application, the applicant has prayed for the following reliefs:-
8(8.1) Summon the entire record from the possession of the respondent for its kind perusal.
(8.2) Direct the respondents to provide first promotion/upgradation under the ACP scheme to the applicant in the pay-scale of Rs. 5000-8000/- w.e.f. 9.8.1999 and thereafter second promotion/upgradation in the pay-scale of Rs.5500-9000/- w.e.f. 29.12.1999 including arrears of salary etc. with 18% interest with all consequential benefits.
(8.3) Any other order/orders, which this Honble Court deems fit and proper may also be passed.
(8.4) Award cost of the litigation in favour of the applicant.
2. The applicant has basically sought for aforementioned relief by relying on an order dated 15.9.2009 (Annexure A-1) passed by Bangalore Bench of this Tribunal in Original Application No.336 of 2006 (C.A. Prahalladh Rao & 16 ors Vs. The Union of India & others) and the order dated 24.4.2012 (Annexure A-2) passed by this Bench of the Tribunal in Original Application No.224 of 2011 (Smt.Padma Mirge & ors Vs. Union of India & ors) whereby the respondents were directed to provide the benefit of Assured Carrier Progression Scheme to similarly situated employees in the pay scale of Rs.5000-8000.
3. The respondents have filed Misc. Application No.200/ 00685/ 2016 by which they have submitted a copy of the judgment of the Honble Supreme Court in the matters of Secretary, Department of Personnel, Public Grievances & Pensions & another Vs. T.V.L.N.Mallikarjuna Rao, (2015)3 SCC 653. The operative portion of the said judgment reads thus:
In view of the findings recorded above we hold that the Data Entry Operators Grade A are not entitled for scale of pay of Rs 1350-2200 w.e.f. 1-1-1986 or thereafter merely on the basis of their qualifications or for the fact that they have completed their period of requisite service. We further hold that any decision rendered by any Tribunal or any High Court contrary to our decision is wrong. Further in view of the reasons and findings recorded above while we hold that the respondents are not entitled to the benefit as they sought for before the Tribunal or the High Court, all the impugned orders passed by the CAT Benches and the High Courts in favour of the respondents being illegal are set aside.
4. The respondents have also filed a copy of the order dated 25.6.2015 (Annexure A-2) in Writ Petition Nos.8084/2013 (Union of India and others Vs. Smt.Padma Mirge & others) of Honble High Court of Madhya Pradesh, passed after the aforesaid decision of the Honble Supreme Court, wherein it has been held that the the order passed by the Tribunal can not be sustained and, therefore, the order of the Tribunal has been quashed.
5. Thus, in view of the aforementioned judgments of the Honble Supreme Court as well as of the Honble High Court we do not find any justification for grant of the relief sought for by the applicant in this Original Application. Accordingly, the Original Application is dismissed, however, without any order as to costs.
(G.P.Singhal) (A.K. Patnaik) Administrative Member Judicial Member rkv 3 Sub-ACP: OA 1056/2013Page 3 of 3