Central Administrative Tribunal - Delhi
Union Of India Through The General ... vs Prem Pal Singh S/O Shri Mihi Lal on 12 September, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH RA No.187 of 2012 IN OA No.3863 of 2010 New Delhi, this the 9th day of December, 2013 HONBLE SHRI G. GEORGE PARACKEN, MEMBER (J) HONBLE SHRI SHEKHAR AGARWAL, MEMBER (A) 1. Union of India through the General Manager, Northern Railway, Baroda House, New Delhi. 2. The Divisional Railway Manager, Northern Railway, Delhi Division, State Entry Road, New Delhi. 3. Sr. Divisional Personal Officer, Northern Railway, Delhi Division, State Entry Road, New Delhi. .Review Applicants (By Advocate : Shri Satpal Singh) versus 1. Prem Pal Singh S/o Shri Mihi Lal, Working as Store Khallasi, Diesel Shed, N. Rly, Shakurbasti, Delhi. 2. Kedar Nath S/o Sh. Kanta Prasad, Working as Store Khallasi, Diesel Shed, N. Rly, Shakurbasti, Delhi. .Review Respondents (By Advocate: Shri Yogesh Sharma) ORDER (ORAL) SHRI G. GEORGE PARACKEN, MEMBER (J) :
This Review Application has been filed by the respondentRailways seeking review of the order of this Tribunal dated 6.7.2010 passed in OA No.2507/2009. The operative part of the said order reads as under:-
5. In the light of the foregoing discussion, we would allow the O.A., invalidate the view obtained by the competent authority and uphold the entitlement of the applicant to the grant of the relevant financial benefits in terms of the ACP Scheme.
6. In view of the fact that the grant of relevant monetary benefits has been inordinately delayed, it will be incumbent upon the competent authority to conclude the relevant exercise within one month from the date a certified copy of this order is presented in its office.
7. Disposed of accordingly.
2. The contention of the learned counsel for the review applicants is that the review respondents (applicants in Original Application) were originally appointed in the scale of Rs.196-232 (2550-3200) w.e.f. 15.4.1978 and 15.1.1979 respectively. Thereafter they were given first promotion as Helper Store Khalasi in scale of pay of Rs.200-250 (2610-3540) w.e.f. 1.8.1982 and 1.8.1985 respectively followed by the second financial upgradation under ACP scheme in the scale of Rs.2650-4000 w.e.f. 1.10.1999 and 14.1.2003 respectively. Later on, the said scale was replaced by the scale of Rs.3050-4590 vide order dated 3.11.2008.
3. We have heard the learned counsel for the parties. We have also perused the service book of the Applicant in the OA made available by the Review Applicant. It is seen that, as submitted by the respondents, the applicant was originally appointed as Store Khalasi in the scale of Rs.196-232 (Rs.2550-3200) and thereafter he was promoted in the scale of pay of Rs.200-250 (2610-3540). However, later on the scale of Rs.196-232 itself has been upgraded to the scale of Rs.200-250 w.e.f. 1.8.1985. Thus, the initial appointment of the applicants in the OA itself is to be treated as in the scale of Rs.200-250 (Rs.2610-3540). Therefore, the contention of the respondents that the applicant was given promotion in the scale of Rs.200-250 (Rs.2610-3540) is no more valid. Therefore, the scale of Rs.2650-4000 (later on revised to Rs.3050-4590) given to them w.e.f. 1.10.1999 and 14.1.2003 respectively shall be treated as the first financial upgradation. Thus, the contention of the respondents that the applicants in OA have already been given two promotions is not correct.
4. In view of the above position, we do not find any merit in the Review Application and therefore the same is dismissed. No costs.
(SHEKHAR AGARWAL) (G. GEORGE PARACKEN)
MEMBER (A) MEMBER (J)
/ravi/