Central Administrative Tribunal - Delhi
Moala Jamir vs National Building Construction ... on 8 November, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A. No. 3583/2015
New Delhi, this the 8th day of November, 2017
HON'BLE MR. V. AJAY KUMAR, MEMBER (J)
HON'BLE MS. NITA CHOWDHURY, MEMBER (A)
Moala Jamir,
D/o Shri Imjung Jamir,
Working as Jr. Stenographer
In NBCC, New Delhi
R/o H.No. 68, Irrigation Colony,
Dipuhar, H-Khel, 4th Mils
Dimapur, Nagaland-797112
Presently R/o
C/o Sanjay Mech,
H.No.C-467, 3rd Floor,
Mohan Gali, Nanak Chand Basti,
Kotla Mubarakpur,
New Delhi. .. Applicant
(By Advocate : Shri Padma Kumar S.)
Versus
National Buildings Construction Corporation Ltd.
Through its Chairman cum Managing Director,
NBCC Bhawan, Lodhi Road,
New Delhi-110 003. .. Respondent
(By Advocate : Shri Soumyajit Pani with
Shri Chittaranjan Singh)
2
OA 3583/2015
ORDER (ORAL)
By Mr. V. Ajay Kumar, Member (J) Heard both the sides.
2. The applicant was offered with the appointment for the post of Junior Stenographer vide Annexure A-2, dated 30.11.2005, subject to the terms and conditions mentioned therein. Having accepted the said terms and conditions, the applicant joined as Junior Stenographer, and was put on probation w.e.f. 06.12.2005.
3. The respondent - National Buildings Construction Corporation Ltd. (in short NBCC Ltd.), however, terminated the services of the applicant vide Annexure A-3, dated 24.09.2013, and the relevant paragraphs of the same read as under:
"Ms. Moala Jamir (6501), Jr. Stenographer was given several chances during the past 8 years to qualify the test in Hindi shorthand @ 80 w.p.m. and Hindi Typing test on computer @30 w.p.m. within a period of six months of his joining the corporation. But, she could not pass the test. However, she was again given a fresh opportunity as last and final chance to pass the test vide this office order letter dated 27.05.2013 advising therein to prepare for test to be conducted in last week of June/July. Accordingly, she was informed vide this office letter dated 12.08.2013 to appear the typing/stenography test on 31.08.2013. Ms. Moala Jamir appeared in the test on 31.08.2013 and failed to qualify the test.
From the above foregoing, it is evident that Ms. Moala Jamir failed to improve her efficiency & competence during the past 8 years. As she has not passed the Hindi Typing/Stenography test in the last opportunity also, therefore, the corporation is left with no other alternative but to terminate the services of Ms. Moala Jamir, Jr. Stenographer with immediate effect bringing an end to the period of probation.
This issues with the approval of competent authority."3 OA 3583/2015
4. The applicant filed O.A. No.3889/2013 questioning her termination order and the said O.A. was disposed of on 13.11.2014 as under:
"5. The controversy in the present OA is more or less same as was in the case of Mohar Singh (supra). In the circumstances, being bound by the order passed by the Honble High Court of Delhi, we quash the impugned order and respondents are directed to reinstate the applicant in service within four weeks from the date of receipt of a copy of this order. No costs."
5. The Hon'ble High Court of Delhi, vide its order dated 20.02.2015 dismissed the Writ Petition No.1583/2015 filed by the respondents, with costs.
6. In pursuance of the aforesaid orders, the respondent - NBCC Ltd. reinstated the applicant as Junior Stenographer, vide order dated 13.04.2015 and accordingly she joined as such on 20.04.2015.
7. The applicant made Annexure A-15 representation, dated 21.05.2015, and the relevant paragraphs of the same read as under:
"5. Notwithstanding the above reinstatement, NBCC has not taken any decision on the following till date:
a) Decision on the back wages between the termination and the reinstatement.
b) Grant of the post of Sr. Stenographer by way of PRP, which was initially granted on 17.12.2009 but later on withdrawn on the same ground that I have not qualified the Hindi Stenography. Now the requirement of passing the Hindi stenography has already been rendered illegal by this Hon'ble Courts, the same 4 OA 3583/2015 reason cannot be taken against me for the Sr. Stenographer post also.
c) Yearly increment which has not been released since the time of my appointment till date.
d) Fixation of pay on reinstatement based on the Sr. Stenographer's pay scale.
e) Grant of Performance Linked Incentive.
6. Sir I have been subject to untold miseries due to the illegal action of the authorities. Now today even after having got the relief from the Hon'ble Courts, I am still subjected to all sorts of disadvantages due to the inaction on the administration.
7. In view of the above I most respectfully request that necessary orders for clearance of the dues as mentioned in Para.5 above may kindly be issued without any further delay."
8. The respondent - NBCC Ltd. has rejected the aforesaid representation, vide the impugned Annexure A-1, dated 15.07.2015, as under:
"It is intimated that your case was examined and no service benefits as requested above including wages for termination period is admissible to you similar to the case of Shri Mohar Singh. It is informed that in pursuant to the Hon'ble Court Delhi judgment dated 20.02.2015 and Hon'ble CAT Principal Bench New Delhi judgment dated 13.11.2014, you are reinstated in service as Probationer to the post of Junior Stenographer w.e.f. 20.04.2015."
9. The applicant, aggrieved by the same, filed the present O.A. seeking the following relief(s):
"(a) Declare the action of the respondents not to grant the applicant the benefits accrued to her or but for the insistence on qualifying Hindi Stenography/Hindi Typing, on the basis of Order dated 13.4.2015, as illegal and unconstitutional.
(b) Quash and set aside the Order dated 15.7.2015 with all consequential benefits as asked for by her vide letter dated 21.5.2015 and arrears with interest thereon.5 OA 3583/2015
(c) Any other relief this Hon'ble Tribunal may be pleased to grant to the applicant under the facts and circumstances of the case."
10. It is not in dispute that the termination of the applicant was set aside by this Tribunal in O.A. No.3889/2013 by following the decision in Mohar Singh vs. NBCC Ltd. and, accordingly, the applicant was reinstated as Junior Stenographer. It is also not in dispute that though the applicant, while questioning her termination, in O.A. No.3889/2013, also sought for changing of her designation as Senior Stenographer. This Tribunal has not given any direction to that affect and the applicant accepted the said decision. The applicant nowhere pleaded that 'Mohar Singh' was given wages for the termination period but she was not paid. It is also not the case of the applicant that any of the benefits given to 'Mohar Singh' are not given to her. The applicant miserably failed to show how she is entitled for the reliefs claimed in the O.A.
11. In these circumstances, the O.A. is dismissed being devoid of any merit. No order as to costs.
(NITA CHOWDHURY) ( V. AJAY KUMAR) Member (A) Member (J) /Jyoti/