Central Administrative Tribunal - Delhi
Draughtsmen Association Of Dgqa vs Lt. Gen Rs Reen Director Generallm/O ... on 10 December, 2024
Item No. 05/C-2 1 CP No. 624/2023 in
OA No. 80/2016
Central Administrative Tribunal
Principal Bench, New Delhi
C. P. No. 624/2023
In
O. A. No. 80/2016
Today this the 10th day of December, 2024
Hon'ble Mr. R. N. Singh, Member (J)
Hon'ble Mr. B. Anand, Member (A)
Draughtsmen Association of
Directorate General of Quality Assurance-Defence
Through its General Secretary,
Shri B Anand Babu, Sr. DM
Aged 51 Years
S/O Shri B. Nagaiah,
Working in the Office of CQA (HV),
Avadi, Chennai-600054. ... Applicant
(By Advocate: Mr. A. K. Trivedi)
Versus
Lt Gen R S Reen
Director General of Quality Assurance
105, 1st Floor, B Block,
Defence Officers Complex,
Africa Avenue, New Delhi-110023. ... Respondent
(By Advocate: Mr. R K Jain)
Item No. 05/C-2 2 CP No. 624/2023 in
OA No. 80/2016
ORDER (ORAL)
Hon'ble Mr. R. N. Singh, Member (J):
Para 3 of the order dated 23.10.2024 in the matter reads as under:-
"3. Despite the aforesaid, further four weeks' time is accorded to the respondents as last opportunity failing which the respondents, namely, Lt. Gen.R S Reen, Director General, M/o Defence shall appear in person on the next date of hearing to explain the reasons for non-compliance/non-fling of reply and/or compliance affidavit."
2. Subsequent thereto, the respondent has filed a compliance affidavit on 06.12.2024. On behalf of the respondent, captioned MA i.e. 4636/2024 has been filed seeking exemption from personal appearance of Director General of Quality Assurance. In the compliance affidavit, it is stated that in compliance of directions of the Tribunal, the respondent had already re-fixed the pay of the members of the petitioner association. They have given the details thereof in the documents annexed as [Annexure-R/1 (Colly)]. Amongst such members 13 have already been paid the arrears also. The arrears in respect of the remaining members have already been calculated and the same have been submitted to the Competent Authority for budget allocation for payment of the same. Further, in respect of Item No. 05/C-2 3 CP No. 624/2023 in OA No. 80/2016 remaining employees, the respondent is in the process of calculation of arrears and once, the calculation is audited, the arrears will be paid, as early as possible, to such employees as well. It is further asserted in the affidavit that delay in compliance is not deliberate but due to reasons that arrears had to be calculated for the last 25 years. The respondent has also tendered unconditional apology for the delay.
3. Learned counsel appearing for the respondent, under instructions, submits that the respondent may be accorded six weeks' time to ensure that the payment of arrears to all the members of the petitioner association is released. He further submits that in the facts and circumstances precisely recorded hereinabove as well as in the MA, the respondent may be exempted from personal appearance in the matter today.
4. To such request on behalf of the respondent, there is no objection from learned counsel for the petitioners. In view of the aforesaid, respondent is accorded 8 weeks' time to ensure that payment of admissible arrears of the members of the petitioner association is released and one week's time thereafter to enable the respondent to file an affidavit indicating full compliance after supplying a copy thereof to the petitioner association and the respondent is exempted from personal appearance in the matter today.
Item No. 05/C-2 4 CP No. 624/2023 in OA No. 80/2016
5. The present CP and MA stand disposed of with the aforesaid terms. Notices stand discharged. However, the petitioner association shall be at liberty to approach the Tribunal by way of a miscellaneous application for revival of the CP, if occasion arises therefor. Associated MA, if any, shall also stand disposed of.
(B. Anand) (R. N. Singh)
Member (A) Member (J)
/neetu/