Central Administrative Tribunal - Kolkata
Basulall vs Police on 23 February, 2023
1 Vda. 2uUV.cewsu ? CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH (CIRCUIT AT PORT BLAIR) O.A/ 351/906/2018 Date of Order: 23.02.2023. Coram: Hon'ble Mr. Jayesh V. Bhairavia, J udicial Member Hon'ble Mr. Anindo Majumdar, Administrative Member 1. Shri. Basulall, S/o. Shri. Sachu Lall, R/o. Nayagoan Village, Aged about 62 years, Retired Follower Cook, Under Police Department, A & N Administration, Port Blair 2. Shri. Kal Raj, S/o. K. R. Ramamurthy, R/o. Tyerlabad Village Aged about 51 years, Presently working as Follower Cook Under Police Department, A & N Administration, Port Blair 3 Shri. K. Adinarayan, S/o. Shri. K. Narayana R/o Chakragoan, Aged about 52 years, Presently working as Follower Cook No. 40, Under Police Department, A & N Administration, Port Blair 4. Shri. Thirupai, S/o. G. Ramachander Rao, R/o. Nayagoan Village, Aged about 52 years, Presently working as Rank Follower Cook - 35 Under Police Department, A & N Administration, Port Blair. 5. Shri. G. Rama Rao, S/o. Shri. Sitanna, R/o Nayagaon Village, Aged about 51 years, Presently working as Follower Cook -- 43, Under Police Department, A & N Administration, Port Blair 6. Shri. T. Ravi S/o P. Thangaswamy, R/o Calicut Village, Aged about 52 years, Follower Cook -- 44 Under Police Department, A &N Administration, Port Blair 7. Shri. Ramaswamy, S/o. Late Raju, R/o Teyralabad Village, Aged about 52 years, Follower Cook - 47 Under Police Department, A & N Administration, Port Blair. 8. Shri. Sanmugavelu, S/o. Shri. M. Kottaiah, R/o Prothrapur Village, Aged about 52 Follower Cook - 55 years, Under Police Department, A & N Administration, Port Blair 9. Shri. T. Ramakrishnan, S/o. Thirumal, R/o Aberdeen Village, Aged about 53 years, Follower Cook-51 Under Police Department, A & N Administration, Port Blair 10. Shri. G. Nagur, S/o. Shri. Veeraswamy, R/o Aberdeen Village, Aged about 54 years, Follower Cook-54 Under Police Department, A & N Administration, Port Blair --Applicants ' 2 oa. 906.2018 -Versus- 1. The Union of India, Ministry of (Home Affairs) Govt. of India, New Delhi - 110001, New Delhi 100001. 2. The Lt. Governor, Raj Niwas, A & N Islands, Port Blair 3. The Chief Secretary, A & N Administration, Port Blair 744101 4. The Director General of Police, Police Headquarters, Port Blair, Andaman-744101 5. The Superintendent of Police, South Andaman District, Port Blair-744101 ----Respondents For The Applicant(s): Mr. R. Kumar, counsel For The Respondent(s): Mr. D. Chowdhury, counsel ORDER(ORAL Per: Jayesh V. Bhairavia Member (J):
The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:-
"a. The applicants pray this Hon'ble Tribunal to permit the applicants to file the instant joint application in terms of the Rule 4 (5) of the Central Administrative (Procedure) Rules 1987, to file a single application as the cause action and the nature of relief prayed for and have common interest in the matter.
(b) An Order do issue directing the respondents particularly the respondent number 1 herein, to consider the case of the applicant for grant of enhanced scale of pay from Rs 5200- Rs 20200 with a grade of Rs. 2400 to Rs 9300-34800, with a grade pay of Rs. 4200/- at par with the cooks working in the APWD department with taking in to consideration the nature of duties and responsibilities performed by the applicants are same and similar in nature, along with all consequential benefits.
c) An order do issue commanding the respondents to forthwith initiate appropriate action in the matter as the applicants have been agitating their cause for the last many years which did not yield any positive results from the respondents herein, thus depriving the applicants not only the burden of stagnated pay scale but also a deprivation in perpetuity as the applicants who are going to retire from service shortly would continue to get the retrial benefits which cannot be appreciated as a fair and just administrative prudence. The applicants humbly submit that unless and until this Hon'ble Tribunal intervenes in the matter the applicants will not get their due justice.
d) An order do issue commanding upon the respondent authorities particularly the respondents herein to certify and transmit all the records Wy 3 oa. 906.2018 containing each and every documents pertaining to the above mentioned case before this Hon'ble Tribunal so as to adjudicate and to render conscionable justice to the applicant;
e) Any further order or orders, direction or directions may be passed which may deem fit and proper by this Hon'ble Tribunal in this case in the interest of Justice."
2. Heard Ld. Counsel for both sides.
3. Today, both the Ld. Counsels submits that, as such, during the pendency of the O.A, the respondent i.e Dy. Superintendent of Police (Estt) Police Head Quarter, A&N Islands has forwarded the File for necessary approval to the MHA (Assistant Secretary (Home) A&N Administration, Port Blair, vide dated 20.07.2015 (referred Annexure R/4, R-5, R-6 to the reply).
4, In view of such, Ld. Counsel for the applicants submits that appropriate directions be issued to the concerned respondents to decide their claims expeditiously.
5. On the other hand, ld. Counsel for the respondents submits that they are awaiting necessary approval with respect to the request made by them as referred in Annexure R/4, R/5, R/6.
6. Considering the aforesaid submission, without entering into the merits of the claim of the applicants, we deem it fit to dispose of this O.A at this stage with a direction upon the Respondent no. 1 as well as the concerned respondents to consider and decide the proposal forwarded by the Superintendent of Police vide letter dated 20.07.2015 expeditiously, not later than 3 months from the date of receipt of copy of this order and intimate the same to the concerned department as well as to the applicants. In the event, the applicants are found eligible for claim of enhancement of i"
their Pay Scale, the same may be granted to them.
= oa. 906.2018
7. In view of the above, the O.A accordingly stands disposed of. (Anindo Majumdar) Member (A) ss ye (Jayesh V. Bhairavia) Member (J)