Central Administrative Tribunal - Mumbai
Leela Ram Chandran vs Union Of India on 9 October, 2013
1 OA.505/09, 810/11 & 57/10 CENTRAL ADMINISTRATIVE TRIBUNAL, BOMBAY BENCH, MUMBAI. O.A.Nos.505/2009, 810/2011 and 57/2010 Dated this Wednesday the 9th Day of October, 2013. Coram: Hon'ble Shri Justice A.K. Basheer, Member (J) Hon'ble Shri R.C. Joshi, Member (A). O.A.505/2009 1. Leela Ram Chandran, working as DCIT 23(1), residing at Flat 10, Emeraid, Jaishankar CHS, Near Moder English School, Chedda Nagar, Chembur, Mumbai 400 089. 2. Mukund Kumar, working as DCIT 22(1), residing at Flat 104/8B, 1st Floor, Basera Kalpak Estate, S.M. Road, Antop Hill, Mumbai. 3. A.N. Paranjape, working as DDIT (E), residing at 102, Shree Dutta Niwas, Opp. Maratha Stores, Datar Colony, Bhandup (E), Mumbai 400 042. 4. B.D. Mitra, working as DCIT 20, residing at 1 2/15 Lotus CHS, Bhavani Nagar, Marol, Andheri (E), Mumbai 400 059. 5. R.K. Jain, working as DCIT (Audit), residing at 301, Vastushilpa, Near Parsi Colony, R.J. Road, Old Pump House, Andheri (East), Mumbai-400 093. 6. A.B. Inamdar, working as DCIT (HQ)CIT, residing at a-5, Namaskar, Nr.Kadam Wadi, Kalina, Santacruz (E), 2 OA.505/09, 810/11 & 57/10 Mumbai 400 098. 7. D.S. Deshpande, working as DDI (Inv.)U(5), residing at 14, Lagad Bldg. Gokhale Society X Lane, Parel, Mumbai 400 012. 8. Lata Sunder, working as DCIT (HQ) to CCIT(C)-II, residing at 375, Vidyut Bldg., JSS Road, Mumbai-400 002. 9. G.P. Trivedi, working as DCIT CC-31, residing at A-5, Namaskar, Near Kadam Wadi, Kalina, Santacruz (E), Mumbai 400 098. 10. M.F. Makhija, working as DCIT CC-31, residing at 401, Sai Villa Apts, b/h Chopra Court, Opp. New Shalimar CHS, Ulhasnagar, Thane-421003. 11. M.R. Kubal, working as DCIT (HQ)9, residing at 14/338, CGS Colony, Sector-7, Antop Hill, Mumbai 400 037. 12. Mr.V.M. Pangam, working as DCIT (HQ) C-IV, residing at 19/1, Lagad Bldg. Gokhale Society Lane, Parel, Mumbai 400 012. 13. R.C. Narula, working as DCIT 24(2), residing at 715, Raheja Crest II, Off. Oshiwara Link Road, Oshiwara, Mumbai 400 053. 14. Alexandar Chandy, working as DCIT CC-31, residing at 901, Kamala Avenue, Holy Cross Road, IC Colony, Boriwali (W), Mumbai-400 103. 3 OA.505/09, 810/11 & 57/10 15. Anand Kumar Gupta, working as DCIT CC 22&30, residing at 9/248, Revenue Apartments, New MIG Colony, Kher Nagar, Bandra (E), Mumbai 400 051. 16. Vijay J. Bhagat, working as DCIT (HQ)28, residing at 704, City Tower, Near Dosti Acre, S.M. Road, Wadala (E), Mumbai-400 037. 17. P.K. Ramchandran, working as DCIT (HQ)C-1, residing at 304, Panorama, Marian Colony, L.M. Road, Boriwali (W) Mumbai 400 103. 18. K.R. Unni, working as DDIT (Vig), residing at D-202, Guruprasad, Plot-6, Swami Samarth Nagar X Road 2, Lokhandwala Complex, Andheri (W), Mumbai-400 053. 19. Lala Philips, working as DCIT (TDS), residing at Erins Villa, Kadam Nagar, NRC Post Office, Nashik Road 422 102. 20. S.C. Shivgunde, working as DCIT CC-31, residing at 6-B Jai Tower, Khopat, Opp.Kurjani Ind. Estate, Thane (West) 400 602. 21. C K K Nair, working as DCIT, residing at Flat 3, Mahavir Apts. Kastur Park Road, Borivali (W), Mumbai-400 092. 22. B.D. Singh, working as DCIT CC 45, residing at Flat 504, I.T. Officers Quarters, Oshiwara, Andheri (W), Mumbai 400 053. 23. D.N. Parekh, 4 OA.505/09, 810/11 & 57/10 working as DDIT (Inv.), residing at Flat No.5, 3rd Floor, Soubhagya, Near Jain Mandir, Ganjmal, Nashik. 24. Anuradha Ravi, working as DCIT (J), residing at C-1, Sunder Nagar, S.V. Road, Malad (W), Mumbai 400 064. 25. G.Y. Wagh, working as DCIT CC, residing at C 1/3, Kalpita Enclave CHS Ltd., Sahar Road, Andheri (E), Mumbai 400 069. 26. K.V. Ravi Namboodiri, working as DCIT (HQ) Tech., residing at C-210, New Income-Tax Colony, Film City Road, Goregaon (E), Mumbai-400 063. 27. V. Krishnamoorthy, working as DCIT-2(2), residing at N.L.6-1-14, Sector-8, Nerul, New Mumbai 400 706. 28. Rajan Bahadur, working as DCIT-13(2), residing at E/20, Income-Tax Colony, Pedder Road, Mumbai 400 026. 29. T.C. Subramanian, working as DCIT (HQ)(C)II, residing at B-8/503 Kalpak Estate, Antop Hill, Mumbai. 30. N.M. Bandrawala, working as DCIT (HQ)CIT-11, residing at 503/3, Anada Near Amboli Rly Crossing, Andheri (E), Mumbai-400 069. 31. Y.P. Verma, working as DCIT (HQ)-XIII, residing at B-308, Veena Apts., 5 OA.505/09, 810/11 & 57/10 Sejal Park, New Link Road, Goregaon (West), Mumbai-400104. 32. Bhimsen Singh, working as DCIT 1(2), residing at C/47, Mahavir Apts, Ratan Nagar, Borivali (E), Mumbai-400068. 33. Y.D. Gohil, working as DCIT (HQ) CC, residing at B-401, Everest Cleopatra, Park Road, Off Malaviya Road, Vileparle(E), Mumbai-400 057. 34. Parthsarathy Naik, working as DDIT U-III(2), residing at Flat-11, Mayur Park, 6th Road, Mumbai-400071. 35. V.S. Samuel, working as DCIT (HQ) Finance, residing at 71A/12, Brindavan Society, Thane (W)-400 601. 36. P.K. Srivastava, working as DCIT 3(2), residing at 32B, Resham, Off. J.P. Road, 7 Bungalow, Versova, Andheri (W), Mumbai 400 054. 37. B.D. Naik, working as DCIT 8(3), residing at B-201, Sai Vatsalya, Paranjape Scheme, B, Road No.1, Vile Parle (E), Mumbai 400 057. 38. Krishna Prabhakar, working as DDIT (Inv)III(2), residing at 36/A21, Akash Kripa, Manish Nagar, J.P. Road, Andheri (W), Mumbai-400058. 39. Padma Divakar, working as DCIT, residing at B-104, Nakul Bldg., Vishal Nagar, Marve Road, Malad (W), Mumbai 400 064. 40. P K B Menon, 6 OA.505/09, 810/11 & 57/10 working as DCIT 23(2), residing at 401, Suprabhat J.V.K. Marg, Kol Dongri, Andheri (E), Mumbai 400 069. 41. H.M. Wanare, working as DCIT 20, residing at 149/5021, Nehru Nagar, Kurla (E), Mumbai 400 024. 42. Ashok Kumar Suri, working as DCIT (HQ) Pers, residing at C-103, Riviera Towers, Lokhandwala Township, Kandiwali (E), Mumbai 400 101. 43. Rajiv A. Pant, working as DCIT (HQ), residing at 302A, Shatrunjay Apts., Ashok Nagar Cross Road,3, Kandivali (East), Mumbai 400 067. 44. Sharat Chandra Sarangi, working as DCIT (Inv)IV(1), residing at E-44, Darbhanga House, I.T. Colony, Pedder Road, Mumbai 400 026. 45. R.K. Vohra, working as DCIT 26(2), residing at A-701, Eden III, Hiranandani Gardens, Powai, Mumbai-400 076. 46. A.S. Shenoy, working as DCIT-22, residing at 13, Sunderem, Nanepada Road, Mulund(E), Mumbai 400 081. 47. Vilas B.Shardul, working as DCIT CC-1, residing at A-701, Pinewood, Prestige residency, Wabhbil Naka, Kawesar Village, Ghodbunder Road, Thane (W). 48. Dinesh Kumar, working as DCIT CC-36, residing at 102A, New Income Tax 7 OA.505/09, 810/11 & 57/10 Colony, Film City Road, Goregaon (E), Mumbai 400 063. 49. Chaturbhujdas Chatnani, working as DCIT 7(3), residing at 1B/503, Hema Park CHS, Bhandup(E), Mumbai 400 042. 50. R.K. Iyer, working as DCIT CC 3&5, residing at 102, Tejas Apartment CHS, Ahimsa Marg, Malad (W), Mumbai 400 064. 51. K.R. Iyengar, working as DCIT 2(3), residing at 203/204, Tripoli Skyline Oasis, Premier Road, Ghatkopar (W), Mumbai 400 086. 52. Nippani L. Ravichandra, working as DCIT 16(3), residing at A-33, Jalada, RBI Officers Quarters, Tata Press Road, Prabhadevi, Mumbai-400025. 53. C.W. Angolkar, working as DDIT (Inv) U-IV, residing at 5, Anant Nivas, 169/C, Dr.Ambedkar Road, Dadar (E), Mumbai-400 014. 54. A.J. Vaz, DDIT (Vig.)U-1, residing at 17,Sidat Mansion, 1st Flr, 2nd Marine Street, Dhobitalao, Mumbai 400 002. 55. D. Suresh S. Rao, working as ACIT-15, residing at B 202, Ram Rahim Tower, Ambadi Road, Vasai(W), Thane 401 202. 56. I.C.S. Kaushik, working as ADIT (T), residing at C-9, New I.T Colony, Dindoshi, Goregaon (E), Mumbai 400 063. 8 OA.505/09, 810/11 & 57/10 57. S.T. Karade, working as ACIT (HQ)-7, residing at A-15, Happy Valley CHS, Phase-II, Tikujini Wadi Road, Manpada, Thane (W). 58. B.D. Karande, working as ACIT, residing at 302, Krunal Shopping Arcade, Navghar Road, Bhayander (E), Thane 401 105. 59. Usha N. Shorte, working as ACIT CC, residing at Row House, 22, Lok Puram, Pokharan Road 2, Thane (W). 60. A. Ramachandran, working as ACIT (HQ)CC-1, residing at A-301, Dharam Palace, Shantivan, Boriwali (E), Mumbai 400 066. 61. P.S. Naik, working as ADIT (Vig)(HQ), residing at Plot 50, Flat 1, Kartar Mahal, B, Shri Nagar, Sector 3, Thane 400 603. 62. F.Kunjachan, working as ACIT (HQ) SL, residing at 901, Vishram Tower No.2, Shri Nagar, Sector 3, Thane 400 604. 63. V.B. Bongale, working as ADIT (Inv.)-IV(4), residing at 5A, Dhanashri Apartment, Bhusar Ali, Kalwa (West), Thane 400 605. 64. P.K. Rath, working as ACIT (17)2, residing at B-193, Sector-B, CGS Colony, Bhandup (East), Mumbai 400 042. 9 OA.505/09, 810/11 & 57/10 65. P. Rama Rao, ACIT (11)2, residing at Flat-5A, Jai Tower, Khopat, Thane 400 601. .. Applicants in O.A.505/2009. (By Advocate Shri S.V. Marne). O.A.810/2011 Shri Narendra D. Dwivedi, Assistant Commissioner of Income-Tax (Retired), Residing at Varuna Co-op. Hsg. Society Ltd., Ram Kunwar Thakur Road, Dahisar (East), Mumbai 400 068. .. Applicant in OA.810/2011. (By Advocate Shri S.V. Marne). O.A.57/2010 Kamad Prakash Nigam, Working as DCIT-10(1), Mumbai, residing at E-36, Income Tax Colony, 7, Peddar Road, Mumbai 400 026. .. Applicant in OA.57/2010 (By Advocate Shri S.V. Marne). Versus 1. Union of India, through the Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001. 2. The Chairman, The Central Board of Direct Taxes, North Block, Mumbai 400 001. ..Respondents in all the 3 OAs. ( By Advocates Shri V.S. Masurkar along with Shri D.A. Dube and Smt.H.P. Shah ). 10 OA.505/09, 810/11 & 57/10 O R D E R
Per : R.C. Joshi, Member (A).
As common questions of law and similar facts have been involved in these three Original Applications filed by the Applicants, they have been decided by this common order with the consent of the Learned Counsel for the parties. O.A.505/2009 has been taken as a lead case.
2. Briefly, the Applicants who were working in the post of Deputy Commissioners and Assistant Commissioners in the Income-tax Department were promoted to the Indian Revenue Service in the post of Assistant Commissioner of Income-tax (Junior Scale) on different dates as given in Annexure A-2. Further, they were promoted to the Senior Scale of Deputy Commissioners on different dates which was also mentioned in the said Annexure. The present Original Applications have been filed by the Applicants for antedating their promotion to the Senior Scale of Deputy Commissioner of Income-tax. The Applicants have contended that in O.A.505/2009, the Applicants Nos.1 to 6 were promoted to the Junior Scale (Assistant Commissioner of Income-tax) with effect from 12.01.2001 against the vacancy quota of the year 1999, while the Applicants Nos.7 to 24 were promoted with effect from 07.11.2001 against the vacancy quota 11 OA.505/09, 810/11 & 57/10 of the year 2000. Similarly, Applicants Nos.25 to 48 were promoted as Asstt. Commissioner of Income Tax with effect from 07.11.2001 against the vacancy quota of the year 2001. Applicants Nos.49 to 51 were promoted as Asstt. Commissioner of Income Tax with effect from 27.09.2002 against the vacancy quota of the year 2001. Applicant No.52 was promoted as Asstt. Commissioner of Income Tax on 10.12.2002 against the vacancy quota of the year 2001. Applicants Nos.53 to 54 were promoted as Asstt. Commissioner of Income Tax on 05.12.2003 against the vacancy quota of the year 2002. Similarly Applicants Nos.55 to 63 were promoted as Asstt. Commissioner of Income Tax with effect from 15.02.2005 against the vacancy quota of the year 2003 and Applicants Nos.64 and 65 were promoted as Asstt. Commissioner of Income Tax on 26.10.2005 against the vacancy quota of the year 2003.
3. In the Original Applications, it has been pleaded by the Applicants that although the promotion orders to the post of Assistant Commissioner of Income Tax were delayed, all the Applicants were granted seniority vis-a-vis direct recruits on the basis of the vacancy year ignoring the actual dates of promotion. It was also maintained that the subsequent promotion of the Applicants from the Junior Scale to the Senior Scale (Dy. Commissioner of Income-tax) was 12 OA.505/09, 810/11 & 57/10 required to be granted after completion of four years of service in the Junior Scale with the qualifying period starting from the date of vacancy rather than the actual date of promotion in the Assistant Commissioner of Income-tax. It has also been maintained that one Shri S.K. Shukla filed an O.A.No.502/2004 before a Co-ordinate Bench of this Tribunal at Jaipur for his promotion to the post of Dy. Commissioner from 01.01.2005. The Tribunal vide its order dated 29.03.2005 directed the Respondents to consider his case for promotion in case he was found fit and that he should be given promotion from the due date i.e. 01.01.2005 with all consequential benefits (Annexure A-4). This order in o.A.502/2004, was challenged by the Respondents before the Hon'ble High Court of Rajasthan in Writ Petition No.5885/2005 and order dated 01.11.2006 the order of the Tribunal dated 29.03.2005 was upheld by the Rajasthan High Court and also by the Hon'ble Supreme Court. The Respondents thereupon promoted the said Applicant in O.A.No.502/2004 to the post of Dy. Commissioner with effect from 01.01.2005. However, despite the said orders being upheld by the Hon'ble Supreme Court, the Respondents did not extend the benefit of the judgment in the case of similarly situated officers. It is contended by the Applicants that several 13 OA.505/09, 810/11 & 57/10 representations were made from 02.07.2007 onwards and finally vide order dated 16.04.2009, the Respondents passed order that the case of the officers can be considered on the basis of Recruitment Rules and that grant of Senior Scale to the said officers cannot be granted with effect from 01.01.2005 as the same is not covered by the Rules. It has been contended by the Applicants that their cases are similarly situated to that of Shri S.K. Shukla (supra) in which it was decided that the four years of service as Assistant Commissioner (Junior Scale) is required to be counted from the vacancy quota for the purpose of promotion to Assistant Commissioner (Sr. Scale)/Dy.Commissioner of Income-tax. It has, therefore, been the Applicants case that the issue of counting of regular service in the grade of Assistant Commissioner (Junior Scale) from the date of year against which the officers have been promoted, has already been decided. It was further stated that the Applicants are, therefore, entitled to claim four years of service in the Assistant Commissioner (Junior Scale) from the year of vacancy against which they were promoted.
pleased to call for the records of the case
4. The Applicants have sought the following reliefs: a. This Hon'ble Tribunal may graciously be from the Respondents and after examining the same, quash and set aside a letter dated 14 OA.505/09, 810/11 & 57/10 16.04.2009.
b. This Hon'ble Tribunal may further be pleased to direct the Respondents to antedate the promotions of the Applicants to the grade of Assistant Commissioner (SS)/ Deputy Commissioner of Income-Tax with effect from the dates specified in column 7 of Chart at Annexure A-2 by counting their 4 years regular service from the vacancy against which the Applicants were promoted to the post of Assistant Commissioner (Junior Scale).
c. This Hon'ble Tribunal may further be pleased to grant all consequential benefits such antedates of promotion to the grade Assistant Commissioner (SS)/DCIT including consideration for further promotion to the post of Joint Commissioner of Income-Tax. d. Cost of the application be provided for.
e. Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed.
5. We have gone through the pleadings, carefully perused the material placed on record and have extensively heard the rival sides.
6. It is seen from the case papers that in the case of O.A.No.502/2004 before the Co-ordinate Bench of this Tribunal at Jaipur filed by Shri S.K. Shukla was decided by the order dated March 29, 2005 and the Tribunal had passed an order which is reproduced hereinbelow for convenience:
In view of the above discussion, we find that the O.A. deserves to be allowed. Accordingly, we allow the O.A. and direct the respondents to consider the case of the applicant for promotion as AC(SS)/DC and in case he is found fit, he may be given promotion from due date with all the consequential benefits, within a period of 15 OA.505/09, 810/11 & 57/10 three months from the date of receipt of copy of this order. No costs.
7. This order was challenged by the Respondents in Writ Petition (Civil) No.5885/2005 and vide order adted 01.11.2006, the Hon'ble Rajasthan High Court passed the following order:
We find no error in the decision of the Tribunal to warrant interference by this Court. The writ petition is dismissed.
8. In response to the order passed by the Hon'ble Rajasthan High Court, the Respondents vide order dated 23.01.2007 passed the following order:
I am directed to say that the Board is receiving representations from the various officers for antedating grant of Senior Scale. It appears that such requests are being made on the analogy of grant of Sr.Scale to Shri S.K. Shukla.
2. In this connection it is informed that antedating the grant of Sr. Scale to Shri S.K. Shukla has been done in compliance to the CAT Jaipur Bench's Order dated 29.3.2005 read with the Hon'ble Tribunal's further order dated 22.11.06 in Contempt Petition No.59 of 2005 in OA No.502 of 2004 and subject to the outcome of the SLP filed by this Department in the Hon'ble Supreme Court against the order of Rajsthan High Court and without it being taken in any way prejudicial to our stand in the SLP.
3. Therefore, till the matter is decided by the Hon'ble Supreme Court, no action on such representation can be considered.
4. Above position may please be brought to the notice of all concerned and no representation the matter forwarded to the Board till the same is decided by the Supreme Court.
9. It is further seen that SLP (Civil) 16 OA.505/09, 810/11 & 57/10 No.3087/2007 filed by the Respondents was dismissed by the Hon'ble Supreme Court holding We see no reasons to interfere. The Special Leave Petition is dismissed. The consideration, however, shall be made in accordance with the Rules.
10. It is also seen in the case of Union of India & another Vs. Amit Kumar Mitra [W.P.(C) 4715/2011] was decided by the Hon'ble Delhi High Court vide order dated 22.01.2013 which is reproduced hereinbelow for convenience:
In view of the above discussion, we find that the O.A. deserves to be allowed. Accordingly, we allow the O.A. and direct the respondents to consider the case of the applicant for promotion as AC(SS)/DC and in case he is found fit, he may be given promotion from due date with all the consequential benefits, within a period of three months from the date of receipt of copy of this order. No costs.?
The Rajasthan High Court dismissed the petition challenging the order of the CAT in S.K.Shukla?s case, inter alia, observing as follows:
The direction has been challenged on the premise that the respondent does not come within the zone of consideration as he has not completed four years of service on the feeder post i.e. Assistant Commissioner (Junior Scale) and is therefore not eligible. The tribunal has recorded categorical finding to the effect that there was no denial of the fact that the respondent had been granted promotion as Assistant Commissioner (Junior Scale) against the quota vacancies of the year 2000, and if that is so, it is plain that the respondent completed four years of requisite service on the feeder post in 2004 against vacancies of which the respondent is to be considered. We thus, do not find any substance in the stand of the petitioner that respondent is not eligible for being considered for promotion 17 OA.505/09, 810/11 & 57/10 as Assistant Commissioner (Senior Scale).
We find no error in the decision of the Tribunal to warrant interference by this Court. The writ petition is dismissed.
In view of the above, this Court has no reason to differ with the conclusions of the Rajasthan High Court. However, the Court is mindful of the decision of the Supreme Court in UOI Vs. K.B.Rajoria, 2000 (3)SCC 562 where the precise question was whether regular service meant actual working service. The Court had liberally construed the contention, identical to the one put forward by the Union of India in the present case, and rejected it. The Court also took into consideration its own previous ruling in UOI and Ors. Vs. M.Bhaskar and Ors., 1996(4) SCC 416, where the eligibility criteria expressed was two years experience in Grade II.
This Court also observes that had the intention of the rule making authority been actual or working experience in the feeder grade it would have been expressed more clearly by using such terms as experience etc. Having regard to this, the Court is of the opinion that there is no error in the order of the CAT.
So far as the question of the applicants entitlement to be considered and the distinction sought to be made out by the petitioner/UOI between the facts of this case and the facts in S.K. Shukla is concerned, this Court is of the opinion that the concessions made by the UOI-as expressly recorded in the impugned order, which of course was later corrected to the extend that the Tribunal modified the order only vis-a-vis the description of the CAT's order in Shukla's case, binds the petitioner. Even otherwise the argument that the applicants were not entitled to be considered for appointment on the date the vacancies arose, has no force. It is not asserted in any manner whatsoever by the Union of India that the said vacancies did not arise in 2001 or that the applicants were in any manner ineligible or suffering from any disability from being appointed, when the vacancies arose. Nor was any rule to the contrary shown to the Court.
Therefore, this contention too has no 18 OA.505/09, 810/11 & 57/10 merit.
As far as the other contentions are concerned, we notice that the Tribunal had relied upon its previous order in Surya Chattopadhyay and others Vs. Union of India and Anr., being O.A.No.608/2010, where apparently the applicant had made an identical complaint before it and the objection with regard to the maintainability on the ground of limitation had been rejected. The Union of India has also not shown as to who are the officers likely to be affected by the impugned ruling.
In view of the above conclusions, this court is of the opinion that the petitions lack merit. They are accordingly dismissed without any order as to costs.
11. It would be clear from the above that similar cases having identical facts have already been decided by this Tribunal and upheld by the Hon'ble High Court as well as Hon'ble Supreme Court and some of these orders have also been implemented by the Respondents particularly in the case of Shri S.K. Shukla Vs. Union of India and others (O.A.No.502/2004) which was upheld by the Hon'ble Rajasthan High Court and the SLP filed by the Respondents was dismissed by the Hon'ble Supreme Court. Similarly, in the case of Union of India Vs. Amit Kumar Mitra [W.P.(C) No.4715/2011], a latest judgment passed by the Hon'ble Delhi High Court also affirms the view taken earlier by the Hon'ble Rajasthan High Court in the case of Shri S.K. Shukla.
12. In view of the above, therefore, we are 19 OA.505/09, 810/11 & 57/10 convinced that there is no justification in denying similar benefits to the Applicants herein by applying the same principle as in the case of Shri S.K. Shukla (supra). We, therefore, order accordingly. The Respondents are directed to issue appropriate orders within a period of three months from the date of receipt of copy of this order. No order as to costs.
13. M.A.Nos.531/2009 and 599/2011 in OA.Nos.505/2009 and 810/2011 respectively are closed. (R.C. Joshi) (Justice A.K. Basheer) Member (A) Member (J).
H.