Central Administrative Tribunal - Delhi
Sh. S.K. Sud vs Union Of India Through on 19 August, 2008
Central Administrative Tribunal
Principal Bench, New Delhi.
OA-645/2007
MA-751/2007
New Delhi this the 19th day of August, 2008.
Honble Mr. Justice V.K. Bali, Chairman
Honble Mr. N.D. Dayal, Member(A)
1. Sh. S.K. Sud,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi.
2. Sh. D.P. Singh,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi.
3. Sh. A. Mahapatra,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi.
4. Sh. A. Bhattacharjee,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi.
5. Sh. Kitesh Kumar,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi.
6. Sh. K.K. Ratha,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi.
7. Sh. S.K. Jain,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi.
8. Sh. Parveen Kapoor,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi.
9. Sh. V.K. Nayal,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi.
10. Smt. Rinku Dasgupta,
Section Officer,
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi. . Applicants
(through Padma Kumar, Advocate)
Versus
1. Union of India through
Cabinet Secretary,
Cabinet Secretariat(Main)
Rashtrapati Bhawan,
New Delhi-1.
2. Secretary,
Department of Personnel & Training,
3rd Floor, Lok Nayal Bhawan,
New Delhi-110 003.
3. Secretary,
Department of Expenditure,
Ministry of Finance,
North Block, New Delhi.
4. Secretary (R),
Cabinet Secretariat,
Room No.7,
Bikaner House Annexe,
Shahjahan Road,
New Delhi. . Respondents
(through Sh. T.C. Gupta, Advocate)
O R D E R
Mr. N.D. Dayal, Member(A) Sh. S.K. Sud and nine others, who are Section Officers in the Cabinet Secretariat (R&AW), have filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking quashing of the impugned orders at Annexure A-1 and in consequence of setting aside the orders aforesaid, direction to respondents to grant them the pay scale of Rs.8000-13500/- from 01.01.1996 and all consequential benefits including arrears as in the case of Section Officers of Central Secretariat Service cadre and as per the terms contained in the order dated 25.01.2006.
2. Pursuant to notice issued by this Tribunal, respondents have entered appearance and have filed their reply contesting the cause of the applicants. We need not give facts in detail as it is made out from the records of the case and submissions made by the counsel for the applicants that Sh. S.C. Karmakar and two others, Office Superintendents of C.B.I. filed OA0377/2006, claiming the same benefit as claimed in the present O.A. The said O.A. was allowed. On parity of reasons, the applicants in the present O.A. seek the same benefit as granted to the applicants in OA-377/2006. It could not be disputed during the course of arguments that OA-377/2006 was contested on the same grounds as have been taken by concerned authorities in the present O.A. It is again not in dispute that against the order aforesaid, respondents filed Writ Petition No. 7475/2007 which was dismissed by the Division Bench of Honble Delhi High Court by a speaking order on 10.10.2007. For parity of reasons given by this Tribunal in OA-377/2006, this application is allowed with the direction that as the Department of Personal & Training in the Ministry of Personnel, PG & Pensions, Government of India have since, by their order dated 25.01.2006, granted the pay scale of Rs.8000-13500/- to the Section Officers of Central Secretariat Service retrospectively w.e.f. 01.01.1996 on notional basis with actual benefits on account of such refixation of pay w.e.f. 03.10.2003, the pay scale of Rs. 8000-13500/- be extended to the applicants in the present O.A. also as per the terms contained in the order dated 25.01.2006. No costs.
(N.D. Dayal) (V.K. Bali) Member(A) Chairman /vv/