Central Administrative Tribunal - Delhi
Sh. Ram Sevak Yadav vs Union Of India Through Secretary on 8 October, 2013
` Central Adminis+trative Tribunal
Principal Bench, New Delhi
OA No.3862/2012
New Delhi, this the 8th Day of October, 2013
Honble Shri G.George Paracken, Member (J)
Honble Shri Shekhar Agarwal, Member(A)
1. Sh. Ram Sevak Yadav,
Age 55 years,
S/o. Late Sh. Chaturi Singh,
R/o. J-122, Sector-4,
Pushp Vihar, M. B. Road, New Delhi.
(Presently working as Multi Tasking Staff)
2. Sh. Sanatan Parida, Age 58 years,
S/o. Sh. Dukhi Ram Parida,
R/o. 180 B, Sector-2, R. K. Puram, New Delhi.
(Presently working as Multi Tasking Staff)
3. Sh. Rama Parsad, Age 49 years,
S/o. Sh. Gautam Prasad,
R/o. H. No. 282, Road No. 7,
Andruj Ganj, New Delhi.
(Presently working as Multi Tasking Staff)
4. Sh. Chandan Prasad, Age 40 years,
S/o. Sh. Ram Aasih Mehto,
R/o. SK-2, C-323, Sector-93, NOIDA,
(Presently working as Multi Tasking Staff)
5. Sh. Rama Kant, Age 55 years,
S/o. Sh. Hari Prasad,
R/o. C-163, Prem Vihar,
Gali No. 8, Karawal Nagar, Delhi-110094.
(Presently working as Multi Tasking Staff)
6. Sh. Ram Kumar Sharma, Age 50 years,
S/o. late Sh. P. R. Sharma,
R/o. 38/458, R. K. Aashram Marg, New Delhi-1.
(Presently working as Multi Tasking Staff)
7. Sh. Sanjay Kumar, Age 41 years,
S/o. Late Sh. Sri Kisan,
R/o. H. No. 275, Vill Prahaladpur,
Banger, Delhi 110 042.
(Presently working as Multi Tasking Staff)
8. Sh. Ram Swaroop, Age 58 years,
S/o. Late Sh. Guman,
R/o. 419, Sector-3.
Pushp Vihar, Saket, New Delhi.
(Presently working as Multi Tasking Staff)
9. Sh. Ravindra Kumar, Age 38 years,
S/o. Late Sh. Balwan Singh,
R/o. Vill Sarangpur, PO Malikpur,
New Delhi 110073.
(Presently working as Driver)
10. Sh. Raju Gupta, Age 36 years,
S/o. Sh. Shiv Shankar Prasad,
R/o. RZ-34, Mandir Road, Hari Vihar,
Kakrola, New Delhi-78.
(Presently working as Multi Tasking Staff)
11. Sh. Satish Chander, Age 58 years,
S/o. Late Sh. Trilok Chand Anand,
R/o. A-601, J. J. Colony,
Khaypda, New Delhi.
(Presently working as Multi Tasking Staff)
12. Sh. H. P. Bairwa, Age 46 years,
S/o. Late Sh. Kanhiya Lal,
R/o. D/176, New Ashok Nagar,
Delhi 110 096.
(Presently working as Field Officer)
13. Sh. Roshan Masih, Age 58 years,
S/o. Sh. Masih,
R/o. Soil & Land use Survey of India,
C-4, Sector-1, Noida.
(Presently working as Asstt. Field Officer)
14. Sh. Dinesh Kumar, Age 59 years,
S/o. Sh. Dal Chand,
R/o. H. No. 636, Gali No. 13,
SBS Colony, Karawal Nagar, New Delhi.
(Presently working as Asstt. Field Officer)
15. Sh. J. S. Ghanjal, Age 56 years,
S/o. Late Sh. Trilok Singh,
R/o. 867, Sector-29, Faridabad (Hr.),
(Presently working as AFO)
16. Sh. A. K. Singh, Age 54 years,
S/o. Late Sh. S. P. Singh,
R/o. 46-D, Pocket -R,
Dilshad Garden, Delhi-95.
(Presently working as Asstt. Field Officer)
17. Sh. N. B. Pandey, Age 58 years,
S/o. Late Sh. H. B. Pandey,
R/o. 56M, Sector-IV,
Bangal Sahib Road, New Delhi.
(Presently working as AFO)
18. Sh. Hukum Singh, Age 52 years,
S/o. Late Sh. Lakhmi Chand,
R/o. D-6/152, Brij Puri, Delhi-110 094.
(Presently working as AFO)
19. Sh. N. S. Dhama, Age 52 years,
S/o. Late Sh. Khalari Singh,
R/o. Patti Rampur, Town Khekhra,
Distt. Baghpat (UP)
(Presently working as Asstt. Field Officer)
20. Sh. Satyender Kumar, Age 52 years,
S/o. Sh. Baljor Singh Rana,
R/o. C-318, Milinium Apartments,
Sector-18, Rohini, New Delhi.
(Presently working as AFO)
21. Sh. V. K. Sharma, Age 52 years,
S/o. Late Sh. Kashi Ram,
R/o. Shah Garden Colony,
Patti Rampur, Khekra, Bhagpat (UP)
(Presently working as Field Assistant)
22. Sh. Mohan Sahu, Age 59 years,
S/o. Late Sh. Bike Sahu,
R/o. 1005, Gali No. 1/C,
Sangam Vihar, Delhi.
(Presently working as Field Assistant)
23. Sh. C. L. Meena, Age 48 years,
S/o. Late Sh. Dev Pal,
R/o. H. No. 103, Gali No. 3, L-Block,
Sangam Vihar, New Delhi-62.
(Presently working as Field Assistant)
24. Sh. Anurag Saxena, Age 40 years,
S/o. Late Sh. R. B. L. Saxena,
R/o. 63-A, Sector-IV, D12 Arag,
Bangla Sahib Road, New Delhi.
(Presently working as Field Assistant)
25. Sh. S. R. Meena, Age 36 years,
S/o. Late Sh. Dev Pal,
R/o. B-42, Ground Floor,
Dayal Bagh, Suraj Kund, Faridabad (HR)
(Presently working as Field Assistant)
26. Sh. S.K. Rashid, Age 50 years,
S/o. Sh. S.K.Munir,
R/o. Awana Building,
Opp. Police Fire Station,
Harola, Noida (UP)
(Presently working as Field Asstt.)
27. Sh. Gokulesh Kumar, Age 46 years,
S/o. Late Sh. S.N. Vishwakarma,
R/o. SK-1, C-323, Sector-93, Noida
(Presently working as Field Asstt.)
28. Sh. Kumar Rajeev,
S/o Sh. S.N. Kumar,
R/o. Soil& Land use Survey of India,
C-4, Sector-1, Noida.
(Presently working as Sr.Cordo Assstt.)
29. Sh. Subhash Chander, Age 58 years,
S/o. Sh. Lachman Das.
R/o. H.No.224/I, Pocket A-3,
Sector-7, Rohini, New Delhi
(Presently working as Sr.Cordo Asstt.)
30. Sh. O.B. Sahni, Age 59 years,
S/o. Sh. A.N. Sahni,
R/o. 39/13, Ashok Nagar,
New Delhi-110018
(Presently working as Sr.Cordo Asstt.)
31. Smt. Aruna Mathur, Age 58 years,
D/o. Sh. K.P.Mathur,
R/o. Flat No B-312, Inder Prasth Vill.
Sector-61, Noidai
(Presently working as D/Man)
32. Sh. Lal Chand, Age 41 years,
S/o. Late Sh. Mool Chand Verma,
R/o. B-213, Sector-3, Phase-III,
Pappan Kalan, Dwarka
(Presently working as D/Man)
33. Smt. Swaran Kanta, Age 59 years,
D/o. Late Sh. Prem Swaroop Grover,
R/o. T-49, Rajouri Garden,
New Delhi.
(Presently working as UDC)
34. Sh. Ajeet Kumar, Age 55 years,
S/o. Sh. Gurmej,
R/o. 1230, Sector-VIII,
R.K. Puram, New Delhi-22
(Presently working as UDC)
35. Smt. Vandana Singh, Age 45 years,
D/o Late Sh. R.P.S. Chauhan,
R/o B-125A, Sector-19, Noida.
(Presently working as LDC)
36. Dr. S.P. Singh, Age 47 years,
S/o Late Sh. C.P. Singh,
R/o Plot No. 35, Pocket GT
Sector-3, Rohini, New Delhi.
(Presently working as SSO)
37. Sh. Bhajan Lal, Age 54 years
S/o Late Sh. Bhore Ram,
R/o B-49, Sector-3,
Chirengir Vihar, Ghaziabad (UP)
(Presently working as ASSO)
38. Dr. A.K. Yadav, Age 41 years,
S/o Sh. Lok Nath Yadav
R/o 8D, Dhawalgiri Apartments
Sector-11, Noida
(Presently working as ASC)
39. Sh. S.N. Singh, Age 53 years,
S/o Sh. C.B. Tomar
R/o 227/15, Suraj Vihar, NTPC Road
Dadri, Greater Noida, Phase-II
(Presently working as ATO)
40. Sh. A.K. Sharma, Age 50 years,
S/o Late Sh. R.P.Sharma
R/o 106, Kanare Apartments
Sector-13, Rohini, New Delhi-110085
(Presently working as Lab Asstt.)
41. Sh. Rajinder Kumar, Age 40 years,
S/o Sh. Ram Sahai,
R/o F=567, Budh Nagar
Inder Puri, New Delhi-12
(Presently working as Stenographer)
42. Sh. Anil Kumar Shaily, Age 51 years,
S/o Late Sh. Uma Charan,
R/o 82/343, D12 Area
R.K. Aashram Marg
Near Gole Mkt., New Delhi
(Presently working as UDC)
43. Sh.Ravi Kumar Gautam, Age 31 years,
S/o Sh. Kanta Prasad
C/o Subhash Chander, 163, Gali No.9
(Presently working as Field Asstt.)
44. Sh. Devinder Kumar, Age 53 years,
S/o Late Sh. Udai Singh
R/o Village & PO Jaroda Kalan
Nazafragh, Delhi
(Presently working as Driver)
45. Sh. R.R. Mehto, Age 50 years,
S/o Sh. Bign Mehto,
R/o 128D, Lal Kaun
M.B. Road, Badarpur,New Delhi
(Presently working as Driver)
46. Sh. S.K. Mishra, Age 42 years,
S/o Late Sh. Ramashankar Mishra
R/o Ankur Vihar, DLF, B-12/12
FF2, Loni, Ghaziabad(UP)
(Presently working as Driver)
47. Sh. Tilak Prasad, Age 59 years,
S/o Late Sh. Krishan Prasad
R/o H.No.1904, Janta Flats
Nand Nagri, GTB Enclave, New Delhi
(Presently working as Driver)
48. Sh. Kiker Singh, Age 57 years,
S/o. Late Sh. Parsh Ram
R/o F-1858, Netaji Nagar
New Delhi-110023.
(Presently working as Driver)
Applicants
(By Advocate: Shri S.K. Gupta)
Versus
1. Union of India through Secretary
Departure of Expenditure
Ministry of Finance,
North Block, New Delhi
2. Union of India through
Secretary, M/o Agriculture & Co-operation
Krishi Bhawan, New Delhi.
3. Pay & Accounts Officer
Directorate of Extension
Ministry of Agriculture & Co-operation
Shastri Bhawan, New Delhi
4. Soil & Land use Survey Officer
Through its Soil Survey Officer
IARI Building, PUSA, New Delhi
5. Soil & Land Use Survey of India
Soil Survey Officer
C-4, Sector-1, Noida
Respondents
(By Advocate: Shri Ashish Nischal)
ORDER(ORAL)
Shri G.George Paracken, M(J) Learned counsel for the parties have agreed that this case is squarely covered by an earlier order of this Tribunal in OA No.2080/2012 and connected cases. The operative part of the said order reads as under:-
6.6 Under these circumstances, we quash the O.M. dated 01.08.2012 and direct the respondent-Ministry of Finance to re-examine the whole issue holistically taking into consideration its history starting from the issue of O.M. dated 03.10.1997, the various directions given by this Tribunal from time to time and the arguments advanced by the applicants in all these OAs mentioned in earlier part of this judgment for grant of special dispensation to satellite towns. This consideration will be done within a period of eight weeks from the date of receipt of a certified copy of this order and the decision taken will be communicated to the Ministries by means of a reasoned order. We also direct that till such consideration is made and orders issued by the Ministry of Finance, the employees will continue to draw the TA at the rates at which they have been drawing the same so far and no recovery will be made from them till then. Needless to say that if the applicants are aggrieved by the decision taken by the respondents, they will be at liberty, if they so desire, to challenge the same by means of appropriate judicial proceedings. Accordingly, all these OAs are disposed of. There will be no order as to costs.
2. In view of the above position, the aforesaid order shall equally apply in this case also. Accordingly, this case is disposed of. There shall be no order as to costs.
(Shekhar Agarwal) (G.George Paracken)
Member(A) Member (J)
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