Central Administrative Tribunal - Delhi
Shri Naresh Chand Gupta vs The Union Of India (Through Secretary) on 14 December, 2012
Central Administrative Tribunal
Principal Bench
New Delhi
OA No.1979/2011
with
OA No. 3587/2011
MA No.2622/2011
OA No.3903/2011
MA No.2886/2011
OA No.2385/2011
MA No.1685/2011
OA No.2454/2011
MA No.1741/2011
OA No.3902/2011
MA No.2885/2011
OA No.4541/2011
MA No.3405/2011
New Delhi, this the 14th day of December, 2012
Honble Shri G. George Paracken, Member (J)
Honble Mrs. Manjulika Gautam, Member (A)
OA No.1979/2011:
Shri Kuldeep Kumar Sharma
Aged about 60 years
s/o Late Shri J.P.Sharma
superannuated
ACGDA Gp.`A Gazetted Officer
From Defence Accounts Department
Last posted in the office of CGDA Delhi Cantt.
Ministry of Defence
Now r/o B-11, South Moti Bagh (Nanak Pura)
New Delhi 110 021.
Shri A.K.Bhasin
Aged 60 years
s/o Late Shri K.L.Bhasin
Presently posted as IDAS Gp. `A
Gazetted Officer in DAD, Ministry of Defence
IFA (Army) AHQ Sena Bhawan
Delhi.
Sh. K.N.Singh
aged about 60 years
s/o Late Shri S.Mohan Singh
superannuated I.D.A.S. Gp. `A Gazetted Officer
from DAD, Ministry of Defence
Last Posted in Dy. CDA (AF)
Subroto Park
Delhi.
Smt. Madhu Saxena
Aged about 60 years
d/o Late Shri B.N.Saran
presently working as Sr. AO
Gp.`B Gazetted Officer of DAD
Under Ministry of Defence Posted in CDA (AF)
New Delhi.
Shri H.S.Bist
aged about 58 years
s/o Late Shri R.S.Bist
presently working as Sr. AO Gp. `B Gazetted Officer
of DAD
under Ministry of Defence posted in CDA (AF)
New Delhi.
Shri Mohan Lal
Aged about 59 years
s/o Late Shri Ganpat Rai
presently workingas Sr. AO
Gp. `B Gazetted Officer of DAD
Under Ministry of Defence
Presently posted in PCDA (R&D)
New Delhi.
Shri Subhash Chandra
Aged 60 years
s/o Late Shri Arjun Dev now
superannuated as IDAS Gp.`A Gazetted Officer
of DAD under Ministry of Defence last posted in
PCDA (R&D) New Delhi.
Shri B.L.Kaul
Aged 60 years
s/o Late Shri Janki Nath Kaul
presently working as IDAS Gp. `A Gazetted Officer
of DAD under Ministry of Defence
presently posted in PCDA (R&D)
New Delhi.
Shri Naresh Chand Gupta
Aged 58 years
s/o Late Shri B.R.Gupta
presently working as IDAS Gp. `A Gazetted Officer
of DAD as IFA H2 Corps Ambala
under Ministry of Defence, New Delhi. . Applicants
(By Advocate: Sh. V.P.S.Tyagi)
Versus
The Union of India (through Secretary)
Ministry of Defence, South Block
New Delhi.
The Financial Advisor Cum Secretary
(FADS) Ministry of Defence
South Block
New Delhi.
The Controller General of Defence Accounts
Ulan Batar Marg
Palam
Delhi Cantt.
The Controller of Defence Accounts (AF)
West Block-V Sector-1
R.K.Puram
New Delhi.
The Pr. CDA (R&D)
West Block-V Sector-1
R.K.Puram
New Delhi. Respondents
(By Advocate: Sh. Hilal Haider)
with
OA No. 3587/2011
MA No.2622/2011
S/Shri P.L.Sharma
Aged about 61 years
s/o Shri Shyam Lal Sharma
superannuated w.e.f. 31.12.2010
Gp. `A Gazetted Post as
ACDA, while last posted in the office of
IFA COD Agra under CGDA, New Delhi
Ministry of Defence.
V.K.Verma
Aged about 62 years
s/o Late Shri JRS Verma
superannuated w.e.f. 31.03.2009 Gp. `A Gazetted post
as ACDA, Last posted in the office of AO 761 BRTF
Sub Office of PCDA (BR) Delhi Cantt. Under
CGDA, Ministry of Defence, New Delhi.
S.K.Jain,
Aged 62 years
s/o Shri Jaugi Lal Jain
superannuated w.e.f. 30.4.2009 Gp. `B Gazetted post
as SAO last posted in PAO (Ors.) BEG&C Roorkee
Sub Office of CDA (Army) Meerut under
CGDA, New Delhi, Ministry of Defence.
H.P.Badola aged about 61 years
s/o Shri D.N.Badola
superannuated w.e.f. 31.8.2010 Gp. `B Gazetted post
as SAO last posted in AO, OLF Dehradun under CGDA
New Delhi, Ministry of Defence.
B.S.Rawat aged about 62 years
s/o Shri S.S.Rawat Superannuated w.e.f. 30.06.2009
Gp `B Gazetted Officer as SAO last posted in
The office of CDA (AF) Dehradun under CGDA
New Delhi, Ministry of Defence.
B.S.Patharia aged about 63 years
s/o Shri Ram Saran superannuated w.e.f 30.6.2008
Gp. `B Gazetted Officer SAO last posted in the Office
Of CDA (AF) Dehradun under CGDA, New Delhi
Ministry of Defence.
S.K.Chatterjee aged about 59 years
s/o Late Shri S.M.Chatterjee presently serving
as Sr. AO in the organization of 761 BRTF
Sub Office of PCDA (BR) Delhi Cantt.
Under CGDA, Ministry of Defence, New Delhi.
G.C.Dangwal aged about 62 years
s/o Late Shri B.R.Dangwal superannuated
w.e.f. 31.7.2009 Gp. `B Gazetted post as Sr. AO
last posted in PCDA (AF) Dehradun under
CGDA, Ministry of Defence, New Delhi.
Bhim Sen Sharma aged about 65 years
s/o Late Shri B.P.Sharma
superannuated on 31.05.2006 Gp.`B
Gazetted Officer as AO last posted in CDA (Fund)
Meerut under CGDA, Ministry of Defence, New Delhi.
DC Baunchiyal aged about 66 years
s/o Shri K.N.Baunchiyal superannuated as AO
w.e.f. 30.6.2005 Gp `B Gazetted Officer
last posted PCDA (AF) Dehradun
under CGDA, Ministry of Defence, New Delhi.
Yogesh Chandra aged 70 years
s/o Shri MR Kaushik superannuated w.e.f. 31.7.2001
as AO last posted in PCDA (AF) Dehradun
under CGDA, Ministry of Defence, New Delhi.
Ram Chhal aged 72 years
s/o Late Sh. Tool Singh
superannuated w.e.f. 31.1.1997 Group `B
Gazetted Officer as AAO last posted
in Office of CDA (Funds) Meerut
under CGDA, Ministry of Defence, New Delhi. .. Applicants
(By Advocate: Sh. V.P.S.Tyagi)
Versus
The Union of India (through Secretary)
Ministry of Defence, South Block
New Delhi.
The Controller General of Defence Accounts
Ulan Batar Marg
Palam
Delhi Cantt.
3. The Principal Controller of Defence Accounts (AF)
Dehradun Uttaranchal.
The CDA (Fund)
Near GPO
Meerut Cantt.
The CDA (Army)
Belvadier Complex
Meerut Cantt.
The PCDA (BR)
Delhi Cantt. Respondents
(By Advocate: Sh. Rajinder Nischal)
OA No.3903/2011
MA No.2886/2011
Mrs. K.N.Bhatt aged 62 years
w/o Sh. N.K.Bhatt
presently superannuated w.e.f. 30.11.2009
while functioning as ACDA in Gp. `A Gazetted Post
in DAD Last post in the office of CDA (AF) Delhi
under CGDA New Delhi Ministry of Defence.
Ms. Uma Thakur aged about 61 years
D/o Late Shri Babu Ram
presently superannuated w.e.f. 30.06.2010
while functioning as Sr. Accounts Officer (r. AO)
in Gp. `B Gazetted Post in DAD
Last posted in the office of PCDA, New Delhi
under CGDA New Delhi Ministry of Defence.
Shri Rajneesh Kumar Sharma aged 59 years
s/o Late Shri B.R.Sharma
presently working as Sr. AO
Gp. `B Gazetted Officer
in DAD posted in the office of AOGE Palampur
Sub Office of PCDA (WC) Chandigarh
under CGDA New Delhi Ministry of Defence.
Shri A.K.Vij aged about 60= years
s/o Late Shri ML Vij presently
superannuated w.e.f. 31.01.2011
as ACDA in Gp. `A Gazetted cadre
in DAD Last posted in the organization of IFA (BR)
Delhi a Sub Office of PCDA (BR), Delhi Cantt
under Administrative Control of CGDA New Delhi Ministry of Defence.
Sh. Ved Prakash aged about 65 years
s/o Late Srhi C.B. Vidyarthi
presently superannuated w.e.f. 28.02.2006
as Sr. Accounts Officer Gp `B Gazetted Post
last posted in the office of CDA (Funds)
Meerut under Administrative Control of CGDA New Delhi Ministry of Defence.
Shri Ashok Kumar Manglik aged about 65 years
s/o Late Shri M.M.Manglik presently superannuated
as Sr. Accounts Officer Gp `B Gazetted Post w.e.f.
31.1.2006 in DAD while last posted in the Office of PCDA (HQrs)
New Delhi under CGDA New Delhi, Ministry of Defence.
(By Advocate: Sh. V.P.S.Tyagi)
Versus
The Union of India (through Secretary)
Ministry of Defence, South Block
New Delhi.
The Controller General of Defence Accounts
Ulan Batar Marg
Palam
Delhi Cantt.
3. The Controller of Defence Accounts (AF)
Delhi.
4. The PCDA (Principal CDA)
(Head Quarter)
New Delhi.
5. The PCDA (WC)
Principal CDA
UT, Chandigarh
6. The PCDA (Border Roads)
Delhi Cantt.
The C.D.A. (Funds)
Near GPO
Meerut Cantt. Respondents
(By Advocate: Sh. Satish Kumar)
OA No.2385/2011
MA No.1685/2011
Shri B.B.Khanna
Aged about 64 years
s/o Late Shri S.L.Khanna superannuated
ACDA Gp. `A Gazetted Officer from
Defence Accounts Department last posted in the
Office of CCE (R&D) under CGDA Delhi Cantt.
Ministry of Defence.
Shri R.D.Sharma aged about 68 years
s/o Late Shri Ratan Chand superannuated
as Accounts Officer Gp. `B Gazetted Officer
in DAD last posted in DRDO Amritsar under
CGDA Delhi Cantt.
Under Ministry of Defence.
Sh. Dharam Pal Taneja aged about 65 years
s/o Late Shri Hazari Lal superannuated as
Accounts Officer Gp. `B. Gazetted Officer from
DAD last posted in IFA (Navy) from PCDA
(Hqrs) under CGDA Delhi Cantt. Under
Ministry of Defence.
Shri R.K.Jain, aged about 68 years
s/o Late Shri S.R.Jain superannuated
as Sr. AO Gp `B Gazetted Officer of DAD under
Ministry of Defence last posted in PCDA (Hqrs)
New Delhi under Ministry of Defence.
Shri Nand Kishore Pasricha aged about 68 years
s/o Late Shri Nank Chand
Superannuated while working as Sr. AO Gp. `B
Gazetted Officer of DAD under Ministry of Defence
Last posted in AAO (Pay) Delhi Cantt.
Shri Sheo Sahai Singh aged about 67 years
s/o Late Shri Udai Raj Singh superannuated
while working as Sr. AO Gp `B Gazetted Officer of DAD
under Ministry of Defence
Last posted in AAO (Pay) Delhi Cantt.
Shri FC Arora aged 58 years
s/o Late Shri Ghyan Chand presently
working in IFA (MAP) New Delhi
as Sr. AO Gp. `B Gazetted Officer of DAD
under CGDA Delhi Cantt.
Ministry of Defence.
Sh. S.D.Sharma aged about 68 years
s/o Late Shri Risal Singh Sharma
superannuated as AAO last posted DGNCC from DAD
under CGDA, New Delhi, Ministry of Defence.
Sh. N.K.Bhatnagar aged about 60 years
s/o Sh. H.R.Bhatnagar superannuated
SAO from DAD last posted in NIFT on Deputation from
CDA (PD) under CGDA, Delhi Cantt.
Ministry of Defence.
Shri Anil Kumar Sharma aged about 60 years
s/o Late Shri Deep Chand Sharma superannuated
IDAS Gp `A Officer last posted as Dy. CDA
In CDA (PD) Meerut under CGDA Delhi Cantt.
Ministry of Defence.
Sh. S.D.Gaur aged about 62 years
s/o Late Shri Arya Dutt Gaur superannuated
as ACDA (IDAS) Gp `A Gazetted post last posted
in NCC (Hqrs) Dehradun from DAD under
CGDA New Delhi, Ministry of Defence.
Sh. Sampat Sundarm aged about 61 years
s/o Late Shri S.S.Sundarm superannuated as ACDA (IDAS)
Gp. `A Gazetted Officer
Last posted in PCDA (AF) Dehradun
under CGDA New Delhi, Ministry of Defence.
Sh. M.L.Gupta aged about 58 years
s/o Late Shri Bishambar Dayal
presently working as ACDA in IFA (Army) Dehradun
Gp. `A Gazetted Officer from DAD
under CGDA New Delhi, Ministry of Defence.
Sh. Nisar Ahmad aged about 61 years
s/o Shri Fakruddin Urf Fakira superannuated
while working as Sr. AO, Gp `B Gazetted Officer
from DAD last psoted LAO (A) Dehradun
under CGDA New Delhi, Ministry of Defence.
Shri A.K.Kamboj aged about 61 years
s/o Late Shri Phul Singh superannuated
as SAO Gp `B Gazetted Officer while posted in LAO (A) Dehradun from DAD
under CGDA New Delhi, Ministry of Defence.
Sh. Vijay Prasad aged about 64 years
s/o Late Shri S.N.Ghildiyal superannuated
as SAO Gp `B Gazetted Officer from DAD
last posted in PAO (Ors) KRC Ranikhet
under CGDA New Delhi, Ministry of Defence.
Sh. L.D.Joshi aged about 70 years
s/o late Shri V.D.Joshi superannuated
as AO Gp `B Gazetted Officer last posted
in CDA (AF) Dehradun from DAD
under CGDA New Delhi, Ministry of Defence.
Sh. Jogendra Das aged about 59> years
s/o Late Shri R.Das presently working in
CDA (AF) as Dy. CDA (IDAS Cadre) Gp. `A
Gazetted post from DAD
under CGDA New Delhi, Ministry of Defence.
Sh. K.C.Joshi aged about 63 years
s/o Late Shri Jwala Datt Joshi superannuated
Sr. AO Gp. `B Gazetted Officer from DAD
Last posted in PAO (Ors) BEG Roorkee Sub Office
Of CDA(Army) Meerut
under CGDA New Delhi, Ministry of Defence.
Sh. R.K.Saxena aged about 63 years
s/o Late Shri D.K.Saxena
superannuated as Sr. AO
Gp `B Gazetted Officer from DAD
Last posted in PAO (Qrs) BEG Roorkee
Sub Office of CDA (Army) Meerut
under CGDA New Delhi, Ministry of Defence.
Sh. S.P.Doberiyal aged about 60 years
s/o Late Shri Sita Ram Deobriyal
presently working as SAO Gp `B Gazetted Officer
from DAD posted in PAO (Ors) BEG Roorkee
Sub Office of CDA (Army)
under CGDA New Delhi, Ministry of Defence.
Sh. B.K.Singhal aged about 55= years
s/o Late Shri Mina Mal working as Sr. AO Gp `B
Gazetted Officer from DAD posted in PAO (Ors) BEG Roorkee
Sub Office of CDA (Army) Meerut
under CGDA New Delhi, Ministry of Defence.
Sh. D.S.Batra aged about 69 years
s/o Late Shri H.R.Batra superannuated while
working as AAO Gp. `B Gazetted Officer
of DAD last posted in CDA (Hqrs)
New Delhi
under CGDA New Delhi, Ministry of Defence
New Delhi.
Shri M.N.Kothari aged about 61 years
s/o Late Shri U.D.Kothari
superannuated while working as AO
Gp `B Gazetted Officer of DAD
Last posted in PAO (PRC) Ramgarh from CDA (EC)
Patna, under CGDA New Delhi, Ministry of Defence. .. Applicants
(By Advocate: Sh. V.P.S.Tyagi)
Versus
The Union of India (through Secretary)
Ministry of Defence, South Block
New Delhi.
The Controller General of Defence Accounts
Ulan Batar Marg
Palam
Delhi Cantt.
3. The Principal Controller of Defence Accounts (Hqrs)
L-Block R.K.Puram
New Delhi.
4. The Pr. CDA (R&D)
West Block-V Sector-1
R.K.Puram
New Delhi.
5. The Controller of Defence Accounts (PD)
Belvadier Complex
Meerut Cantt.
6. The PCDA (Army)
Belvadier Complex
Meerut Cantt. Respondents
(By Advocate: Sh. Hilal Haider)
OA No.2454/2011
MA No.1741/2011
S/Shri Shyam Sunder Das aged 61 years
s/o Late Shri Manohar Das superannuated
w.e.f. 30.11.2010 Gp `A Gazetted Post as ACDA
while last posted in the office of ZO(PD)
Delhi Cantt. Sub Office of PCDA (WC)
Chandigarh
Under CGDA New Delhi Ministry of Defence.
Arun Kumar Dhir aged 61 years
s/o Late Shri J.N.Dhir superannuated
w.e.f. 31.08.2010 Gp `A Gazetted Post as ACDA
last posted in the office of CDA(Army)
Meerut under CGDA New Delhi Ministry of Defence.
Vinay Kumar Seth aged 61 years
s/o Shri CL Seth superannuated
w.e.f. 30.09.2010 Gp `A Gazetted Post as ACDA
last posted in the office of CDA(Funds)
Meerut under CGDA New Delhi Ministry of Defence.
S.C.Sharma aged 61 years
s/o Late Shri Shankar Lal Sharma superannuated
w.e.f. 31.07.2010 Gp `A Gazetted Post as ACDA
New Delhi Ministry of Defence.
Dharam Vir aged 61 years
s/o Late Shri Khan Chand superannuated
w.e.f. 30.09.2010 Gp `A Gazetted Officer as ACDA
last posted in the office of CDA(Army)
Meerut under CGDA New Delhi Ministry of Defence.
N.C.Agarwal aged 60 years
s/o Late Shri Rameshwar Dayal superannuated
w.e.f. 31.05.2011 Gp `A Gazetted Officer ACDA
last posted in the office of CDA(Army)
Meerut under CGDA New Delhi Ministry of Defence.
Satish Chandra Mittal aged 70 years
s/o Late Shri Sohan Lal superannuated
w.e.f. 31.07.2001 Gp `B Gazetted Officer as AAO
last posted in the Office of JCDA(Fund)
Meerut under CGDA New Delhi Ministry of Defence.
Anand Prakash aged 70 years
s/o Late Shri Hira Lal superannuated
w.e.f. 31.07.2001 Gp `B Gazetted post as AAO
last posted in EDP (Centres) CDA(Army)
under CGDA New Delhi Ministry of Defence.
Gopal Krishan aged about 70 years
s/o Late Shri B.R.Talwar superannuated
w.e.f. 31.08.2001 Gp `B Gazetted Officer as AAO
last posted in CDA(Army)
Meerut under CGDA New Delhi Ministry of Defence.
Raj Vir Singh aged about 67 years
s/o Late Shri Bakhtawar Singh superannuated as AO
w.e.f. 30.10.2004 Gp `B Gazetted Officer
last posted as LAO (OD) Shakur Basti Sub Office of PCDA(WC)
Chandigarh under CGDA New Delhi Ministry of Defence.
None applicant.
KC Saxena aged 61 years
s/o Late Shri S.B.Saxena superannuated
w.e.f. 30.06.2010 Gp `B Gazetted Officer as Sr. A.O.
last posted Office of CDA(Funds)
Meerut under CGDA New Delhi Ministry of Defence.
Ms. Prem Lata Dewan aged about 61 years
d/o Late Shri Amar Nath Kalia superannuated
w.e.f. 31.12.2010 Gp `B Gazetted Officer from DAD as Sr. AO
last posted in the Office of CDA(Funds)
Meerut under CGDA New Delhi Ministry of Defence.
Nathu Singh Raghav aged about 71 years
s/o Late Shri Mangal Singh superannuated
w.e.f. 31.07.2000 Gp `B Gazetted Officer as AAO from DAD
last posted in the Office of CDA(Army)
Meerut under CGDA New Delhi Ministry of Defence.
Rakesh Kumar aged about 61 years
s/o Late Shri Girdhari Lal superannuated
w.e.f. 31.07.2010 Gp `B Gazetted Officer as Sr. AO from DAD
last posted in CDA(Funds)
Meerut under CGDA New Delhi Ministry of Defence.
Ram Autar Rastogy aged 69 years
s/o Late Shri Ved Prakash superannuated
w.e.f. 31.07.2002 Gp `B Gazetted post as Sr. AO
while last posted in the Office of JCDA(HQ) G Block
New Delhi under CGDA New Delhi Ministry of Defence.
Dafedar Singh Chauhan aged about 66 years
s/o Late Shri Inderjit Singh superannuated
w.e.f. 31.07.2005 Gp `B Gazetted post as AO while
posted in the Office of CDA(Army)
Meerut under CGDA New Delhi Ministry of Defence.
S.M. Gupta aged about 67 years
s/o Shri Govind Ram superannuated
w.e.f. 30.04.2004 Gp `B Gazetted post as AO
while last posted in the office of CDA(PD)
Meerut under CGDA New Delhi Ministry of Defence.
Surendra Singh Tomar aged about 68 years
s/o Late Shri Babu Singh Tomar superannuated
w.e.f. 31.03.2003 Gp `B Gazetted post as AAO while
last posted in the Office of CDA(Funds)
Meerut under CGDA New Delhi Ministry of Defence.
A.K.Sharma aged about 65 years
s/o Late Shri V.K.Sharma superannuated
Gp `B Gazetted post as Sr. AO while
last posted in the Office of CDA(Army)
Meerut under CGDA New Delhi Ministry of Defence.
HP Sharma aged about 70 years
s/o Late Shri salig Ram superannuated
as AAO while last posted ALAO (510 Army Base Workshop
Sub Office of CDA (Army)
Meerut under CGDA New Delhi Ministry of Defence. .. Respondents
(By Advocate: Sh. V.P.S.Tyagi)
Versus
The Union of India (through Secretary)
Ministry of Defence, South Block
New Delhi.
The Controller General of Defence Accounts
Ulan Batar Marg
Palam
Delhi Cantt.
3. The Principal Controller of Defence Accounts (WC)
Chandigarh.
4. The CDA (Fund)
Near GPO
Meerut Cantt.
5. The CDA (Army)
Belvadier Complex
Meerut Cantt.
6. The PCDA (HQ)
G Block, New Delhi.
7. The C.D.A. (PD)
Belvadier Complex
Meerut Cantt. Respondents
(By Advocate: Ms. Rinchen O Bhatia)
OA No.3902/2011
MA No.2885/2011
S/Shri A.K.Nauriyal aged 59 years
s/o Late Shri R.P.Nauriyal
presently working as ACGDA
Gp. `A Gazetted Officer in DAD
Posted in CGDA Delhi Cantt. Office
under Ministry of Defence.
P.R.Kotwal aged 57 years
s/o Late Shri Jyoti Ram Kotwal
presently working as ACGDA
Gp. `A Gazetted Officer in DAD
Posted in CGDA Delhi Cantt. Office
under Ministry of Defence.
Rajesh Chadha aged 59 years
s/o Late Shri TR Chadha
presently working as ACGDA
Gp. `A Gazetted Officer in DAD
Posted in CGDA Delhi Cantt. Office
under Ministry of Defence.
Smt. Anju Chadha aged 55 years
d/o Late Shri K.C.Talwar
presently working as Dy. IFA
Gp. `A Gazetted Officer in PIFA (Army)
New Delhi under CGDA Delhi Cantt. Office
Ministry of Defence.
Mohd IIyas aged about 60 years
s/o Late Shri Abdul Hamid
presently superannuated on 31.05.2011
while working as Dy. IFA
Gp. `A Gazetted Officer in DAD
Posted in the office of IFA (SWC) Jaipur
under CGDA Delhi Cantt. Office
Ministry of Defence.
KIS Lamba aged 60 years
s/o Shri TS Lamba
presently working as Dy. IFA
Gp. `A Gazetted Officer in DAD
Last posted in IFA Cost Guard
under CGDA Delhi Cantt. Office
Ministry of Defence.
Ramesh K. Kaul aged 60 1/2 years
s/o Late Shri T.N.Kaul
presently superannuated on 31.12.2010
while working as ACGDA
Gp. `A Gazetted Officer in DAD
Last posted in CGDA Delhi Cantt. Office
under Ministry of Defence.
GL Kotiyal aged 61 years
s/o Late Shri G.N.Kotiyal
presently superannuated on 28.2.2010
while working as ACGDA
Gp. `A Gazetted Officer in DAD
Last posted in AO (P) Shivalic
Sub Office of PCDA (BR) Delhi Cantt.
under CGDA Delhi Cantt. Ministry of Defence.
VK Jain aged about 60 years
s/o Late ShriJagannath Prasad
presently superannuated on 30.6.2011
while working as Dy. IFA GPA
Gazetted Officer of DAD
Last posted in the office of AO (R&D) Agra
Under CGDA Delhi Cantt. Office
Ministry of Defence.
OP Bharti aged 59= years
s/o Late Shri Durg Singh
presently working as Senior AO
Gp. `B Gazetted Officer in DAD
posted in ZO Army Agra Sub Office of CDA (Army)
Meerut under CGDA Delhi Cantt. Ministry of Defence.
Mahaveer Singh aged 60 years
s/o Late Shri Sohan Lal
presently superannuated on 30.06.2011
while working as Sr. Accounts Officer
Gp. `B Gazetted Officer in DAD
Last posted in IFA (COD) Agra Sub Office
Of CDA (Army) Meerut under CGDA Delhi Cantt. Office
Ministry of Defence.
VK Sapra aged 62 years
s/o Late Shri RL Sapra
presently superannuated on 30.6.2009
while working as Sr. AO
Gp `B Gazetted Officer in DAD
Last posted in CGDA Delhi Cantt. Office
Ministry of Defence. Applicants
(By Advocate: Sh. V.P.S.Tyagi)
Versus
The Union of India (through Secretary)
Ministry of Defence, South Block
New Delhi.
The Controller General of Defence Accounts
Ulan Batar Marg
Palam
Delhi Cantt.
The CDA (Army)
Belvadier Complex
Meerut Cantt. Respondents
(By Advocate: Sh. Nasir Ahmed)
OA No.4541/2011
MA No.3405/2011
Shri M.S.Vaidya aged about 59 years
s/o Late Shri S.G. Vaidya
presently posted as Dy. IFA in the Cadre of ACDA
Gp. `A Gazetted Officer
In the Office of (PIFA) Army New Delhi
A Sub Office of PCDA New Delhi
Under CGDA Delhi Cantt.
Shri K.L.Agarwal aged about 59 years
s/o Late Shri Madhav Lal
presently posted as ACDA in
Gp. `A Gazetted Officer
In the Office of IFA HQrs Corps
Sub Office of PIFA New Delhi
under CGDA Delhi Cantt.
Shri T.K.Sambly aged about 59 years
s/o Late Shri Kashi Ram Sambly
presently posted as Dy. CDA in
Gp. `A Gazetted Officer
In the Office of (PIFA) (AF) New Delhi
Under CGDA Delhi Cantt.
Shri Anil Kumar Sharma aged about 59= years
s/o Late Shri V.M.Sharma
presently posted as ACDA in
Gp. `A Gazetted Officer
In the Office of IFA WAC (CDA) (AF) New Delhi
under CGDA Delhi Cantt.
Shri Ashok Kumar Tikku aged about 59 years
s/o Late Shri P.N.Tikku
presently posted as Dy. CDA in
Gp. `A Gazetted Officer
In the Office of PIFA Army New Delhi
under CGDA Delhi Cantt.
Shri Gita Singh Bisht aged about 63 years
s/o Late Shri K.S.Bisht
presently superannuated w.e.f. 31.8.2008
while last posted as ACDA in
Gp. `A Gazetted Cadre
in the Office of Ord Factory Dehradun
Sub Office of PCDA (Fys) Kolkatta
under CGDA Delhi Cantt.
Shri R.C.Sachdeva aged about 62 years
s/o Late Shri Bodh Raj
presently superannuated w.e.f. 31.5.2009
While last posted as Sr. AO
In Gp. `B Gazetted Cadre
In the Office of PCDA (AF)
Dehradun
under CGDA Delhi Cantt.
Shri Rajendra Singh aged 56 years
s/o Late Shri Udai Pratap Singh
presently posted as SAO in
Gp. `B Gazetted Officer
In the Office of IFA COD Agra
under CGDA Delhi Cantt.
Shri Rajendra Singh aged about 56 years
s/o Shri Trilok Singh
presently posted as Sr. AO
Gp. `B Gazetted Cadre in the office of CCE (R&D)
New Delhi
Sub Office of PCDA (WC) Chandigarh
Under CGDA Delhi Cantt.
Shri MC Batra aged 58 years
s/o Sh. C.R.Batra
presently posted as Sr. AO
Gp. `B Gazetted Cadre
In the Office of LAO (OD) Shakur Basti
Sub Office of PCDA (WC) Chandigarh
under CGDA Delhi Cantt.
Shri Nand Kishore aged 64years
s/o Late Shri Kim Rain
presently superannuated w.e.f. 30.4.2007
while serving in the office of PCDA (AF)
Dehradun as Sr. AO in Gp. `B Gazetted Cadre
under CGDA Delhi Cantt.
Shri Ramesh Mitra aged 58 years
s/o Late Shri Guru Charan Mitra
presently posted as Sr. AO in
Gp. `B Gazetted Cadre
in the Office of JCDA (R&D)
Sub Office of PCDA (R&D) New Delhi
Under CGDA Delhi Cantt.
Shri Dinesh Chand aged 58 years
s/o Late Shri Jagdish Prasad
presently posted as Sr. AO in
Gp. `A Gazetted Cadre
In the Office of ADRDE Agra in the Unit of DRDO
New Delhi.
Sh. Chanderbhan Singh Verma aged 70 years
s/o Late Shri Narain Singh presently superannuated
w.e.f. 30.06.2011 while serving as AAO Gp `B Gazetted Cadre in the office of AAO (Pay) Agra Sub Office of (Army)
Meerut under CGDA Delhi Cantt.
Sh. Vijay Kumar Tiwary aged 56 years
s/o Late Shri Ram Naresh Tiwary presently
posted as ACDA Gp `A Gazetted Officer in
U.N.Mission Congo on the pay in strength
of PCDA (HQrs) New Delhi under CGDA Delhi Cantt.
Shri Anil Kumar Sethi aged about 59 years
s/o Late Shri G.D.Sethi presently posted
as Sr. ACGDA, Gp `A Gazetted Cadre in
the office of CGDA Delhi Cantt.
Shri O.P.Khajuria aged about 59 years
S/o Shri Dwarka Nath Khajuria presently
Posted as Sr. AO in Gp. `B Gazetted Cadre
In the office of SP 16 DRDO under PCDA (R&D)
New Delhi.
Shri Raj Kumar Mehta aged about 59 years
S/o Late Shri MML Mehta presently posted
As Sr. AO in Gp. `B Gazetted Cadre in the office
Of Dy. CDA, COD Delhi Cantt. Sub Office
of PCDA (Chandigarh) under CGDA
Delhi Cantt.
Shri Bhupender Singh aged about 57 years
s/o Late Shri Sant Singh presently posted as Dy. IFA
Gp. `A Gazetted Officer, in the office of PIFA Air HQrs
New Delhi under CGDA Delhi Cantt. Office.
Shri Raj Kumar Sharma aged about 60 years
s/o Late Shri Surajbhan Sharma presently
Superannuated as Sr. AO Gp. `B Gazetted Cadre
While last posted in CGDA Delhi Cantt. Office.
Shri Gazender Pal Singh aged about 56 years
s/o Late Dalip Singh presently posted as ACDA in
Gp. `A Gazetted Cadre, in the office of PCDA
New Delhi under CGDA Delhi Cantt.
Shri A.K.Trion aged about 57 years
s/o Late Shri Koshal Kumar presently
posted as Dy. IFA Coast Guard Delhi in
Gp. `A Gazetted Cadre in the Office of
IFA Coast Guard New Delhi under CGDA
Delhi Cantt.
(All are working under Ministry of Defence) Respondents
(By Advocate: Sh. V.P.S.Tyagi)
Versus
The Union of India (through Secretary)
Ministry of Defence, Finance Division,
South Block, New Delhi.
The Controller General of Defence Accounts
Ulan Batar Marg
Palam
Delhi Cantt.
3. The PCDA (HQrs)
G.Block
New Delhi.
4. The Officer-in-charge
PIFA (AF) Air Headquarters
New Delhi.
5. The CDA (AF), Sector 1,
R.K.Puram
New Delhi.
6. The PCDA (WC)
Sector -9
Chandigarh (UT).
7. The PCDA (Fys)
10A S.K.Bose Road
Kolkatta.
PCDA (AF)
Raypur Road
Dehradun (Uttranchal)
The CDA (Army)
Belvadier Complex
Meerut Cantt.
PCDA (R&D)
Sector I, R.K.Puram
New Delhi.
The Incharge
Defence-Research & Development
Organization (DRDO)
Through CGDA, Ulan Batar Marg
Palam Delhi Cantt. Respondents
(By Advocate: Sh. S.N.Parashar)
O R D E R (common) [Oral]
By G. George Paracken, Member (J):
All the aforesaid Original Applications (seven in number) are identical and, therefore, they are disposed of by this common order. For the sake of convenience, we have taken the facts from OA No.1979/2011. The reliefs sought by the applicants herein are as under:
Quash and set aside the contention of the respondents that the benefit of the Honble Tribunals (Madras Bench) could be implemented in the case of only the applicants in the OA and not to other similarly situated employees, being wrong and direct the respondents to extend the benefit of the order which has attained finality on dismissal of the SLP filed by the UOI against that order.
Direct the respondents to step up the pay & allowance of the applicants herein the instant OA at par with the Juniors and similarly situated employees in OA No.260/2002 in r/o 25 officers to whom benefit of Honble CAT (Madras Bench) order dated 13.11.2002 which is implemented also.
Pass any order or direction as deemed just and proper in the facts and circumstances.
2. The grievance of the applicants in this OA is that they have been denied the fixation of pay at par with their juniors by rejecting their request for stepping up of pay as accorded in the case of similarly placed persons pursuant to the order dated 13.11.2002 of the Madras Bench of this Tribunal in OA No.260/2002 R. Sridharan & Others v. The Controller of Defence Accounts & Others. The operative part of the said order reads as under:
4. Heard both sides and perused the records.
5. After hearing both sides, the admitted position is as follows. R-7 was promoted as an AAO on 3.7.1995. On the other hand it is stated that the applicants were promoted in the year 1990 itself as AAOs. Further R-7 was promoted as SOA in the year 1990 which is the feeder cadre for promotion to the grade of AAO. On the other hand some of the applicants were promoted to the feeder cadre of SOA in the year 1981 itself. Thus, it is very evident that both in the grade of AAO as also in the feeder cadre of SOA the applicants were the natural seniors to R-7. Therefore, when R-7 was promoted to the grade of AAO and his pay was fixed higher than that of the applicants, it is expected that stepping up of pay should have been ordered in favour of the applicants. But, this was not done citing some of the irrelevant and unfounded reasons. To say that some of the applicants were directly recruited as LDCs and some of the applicants were recruited as Auditors and hence they are juniors to R-7, in our opinion, does not lend any support to the case of the official respondents. What matters in cases like this where stepping up of pay is concerned, is the cadre in which the stepping up of pay is under consideration and cadre immediately below that cadre. There is no use of referring to the entry grade and the seniority. Even a cursory reading of FR 22-C would show that the said provision envisages of only of the lower post and the higher post. It does not talk of any entry grade and comparison of the whole service period. Therefore this limb of the argument of the official respondents must fail.
6. When the applicants cited the decision of the Bangalore Bench of this Tribunal, referred to supra, the official respondents did not reject the case on merits. They have simply stated as follows:-
It has been intimated by the Headquarters office that the CAT decision dated 10.11.2000 in OA 670, 831 and 832 of 1999 is applicable to the applicants only and not to any other cases.
7. It must be remembered that in the batch of OAs decided by the Bangalore Bench of this Tribunal the very same person, viz., L.Narahari was the private respondent against whom seniors were given stepping up of pay. In the instant case also a comparison is made only with reference to the same person, viz., R-7 L. Narahari for the same purpose. Therefore, it stands to relies on that the ratio of the judgement of the Bangalore Bench would squarely apply to the cases of the applicants herein. To simply state that the ratio will be applicable to only the applicants who had approached the Bangalore Bench of this Tribunal is only to brush aside the request of the applicants, without understanding the reasoning or the ratio of that judgement which is squarely applicable to the case on hand.
8. It was also brought to our notice that the there is no stay of operation of the judgement of the Bangalore Bench of this Tribunal. Under such circumstances the official respondents cannot take any plea not to apply the ratio of the judgement to the case on hand. On this score also and in view of the bland rejection by the official respondents, the stand taken by the official respondents cannot be sustained and has to be rejected.
9. Thus on merit the applicants succeed and the ends of justice would be met if the following orders are passed:-
(a) The impugned order dated 29.8.2001 of the second respondent is quashed.
(b) The official respondents are directed to consider the case of the applicants for fixing the pay of the applicants on par with that of R-7 at the stage of AAO, with effect from 3.7.1995 and grant all consequential benefits arising out of such pay fixation.
(c) The above exercise shall be completed within two months from the date of receipt of a copy of this order by the official respondents.
3. Aggrieved by the aforesaid order of the Madras Bench of this Tribunal, Writ Petition (C) No.20774/2003, filed by the respondents before the Honble High Court of Judicature at Madras, was dismissed vide its judgement dated 27.11.2008. The relevant part of the said judgement reads as under:
3. It is the specific case of the respondents 1 to 25 before the Tribunal that though they were seniors to Mr. L.Narahari, 27th respondent herein, they were drawing lesser pay than him and, therefore, the pay of the respondents 1 to 25 should be fixed on par with him. Before the Tribunal, they have relied upon a decision of the Central Administrative Tribunal of Bangalore Bench in OA No.670 of 1999, where-under the Tribunal has allowed the claim of the applicants by fixing their pay on par with Mr. L.Narahari, who was impleaded as a private respondent in such OA No.670 of 1999 (27th respondent herein).
4. The Tribunal, taking into consideration the decision of the Central Administrative Tribunal, Bangalore Bench, and the relevant materials, allowed the Original Application by directing the petitioners to consider the case of the respondents 1 to 25 herein for fixing that pay on par with Mr. L.Narahari, 27th respondent herein, from 3.7.1995 with all consequential benefits. Against the said order, the petitioners have come forward with this Writ Petition.
5. Learned counsel appearing for the petitioners has submitted that the writ petitions filed against the order of the Central Administrative Tribunal, Bangalore Bench, in OA Nos.670 of 1999, 831 and 832 of 1999, namely, W.P.Nos.5523/2001 & batch were dismissed by an order, dated 2.12.2004, and produced a copy of such order.
6. Learned counsel for the respondents 1 to 25 has submitted that since the order of the Central Administrative Tribunal, Bangalore Bench, in OA No.670 of 1999, fixing the pay of the applicants therein on par with Mr. L. Narahari, has been confirmed by the Karnataka High Court by order dated 2.12.2004 in W.P.No.5523 of 2001, the present writ petition is liable to be dismissed, confirming the order of the Tribunal.
7. It is the admitted by both sides that the Original Applications filed before the Central Administrative Tribunal, Bangalore Bench, arraying Mr. L.Narahari as a private respondent, was allowed and the same has been confirmed by the High Court in a batch of writ petitions. It is also admitted that the said Mr. L.Narahari has been arrayed as Respondent No.27 in the present writ petition and Respondent No.7 in OA No.260 of 2002, filed before the Tribunal.
8. Keeping in view the order passed by the Karnataka High Court dated 2.12.2004 in W.P.Nos.5523/2001 and batch, and the reasoned order passed by the Tribunal after taking into consideration the relevant materials, we do not find any reason to interfere with the order passed by the Tribunal. The Writ Petition is accordingly dismissed. No costs.
4. Not satisfied with the aforesaid Order/Judgement of the Madras Bench of this Tribunal as well as the Honble High Court of Madras, the respondents have filed an SLP (C) No.CC 14167/2009 but the same was also dismissed vide order dated 01.10.2009.
5. Moreover, in a similar case, while dismissing the SLP (C) No.24157-24159/2005 in Controller of Defence & Ors. v. N.S.Shivakumar & Others, the Apex Court has also observed as under:
Delay condoned.
Having heard learned counsel for the parties, we are of the opinion that the respondents having retired and the difference in salary being Rs.35/- p.m., it is not a fit case for us to exercise our discretionary jurisdiction under Article 136 of the Constitution of India. The special leave petitions are dismissed. It is, however, made clear that the question of law shall remain open.
6. Thereafter, the respondents have decided to implement the directions contained in the aforesaid OA No.260/2002 vide their letter dated 19.02.2010 and the same is reproduced below:
FAX/SPEED POST Most Urgent
Office of the C.G.D.A., Ulan Batar Road, Palam, Delhi Cantt. 110 010.
No.AN/XIV/14142/SLP-14167/2009/R.Sridharan Dated 19/02/2010
To
The PCDA (O), Pune
The PCD (Fys) Kolkata
The PCDA (Navy) Mumbai
The PCDA (SC) Pune
The PCDA (AF) Dehradun
The PCDA Bangalore
The CDA (R&D) Bangalore
The CDA Chennai
The CDA Secunderabad
Sub:- SLP No.14167/2009 (in WP 20774/2003/OA 260/2002 filed by
Sh. R.Sridharan and 24 others vs. UOI & Others) UOI & Others
v/s R.Sridharan & Others.
Ref:- This Hqrs. Office letter No.even dated 03/12/2009.
It is intimated that the Ministry of Finance (Department of Expenditure) has agreed to implement the judgement dated 13/11/2002 of Honble CAT, Madras Bench in OA No.260/2002 in respect of the applicants only.
2. Further necessary action in this regard may please be taken accordingly under intimation to this Hqrs. Office.
Sr. Dy. CGDA (AN) has seen.
(R.K.Bhatt) For CGDA
7. The applicants in this OA have made representations to the respondents to extend the benefits of the aforesaid Order/Judgements to them also but the respondents vide impugned order have stated that the Ministry of Finance, Department of Expenditure vide their ID No.174(Per)/2010 dated 12.02.2010 agreed to extend the benefit of the Order of the Madras Bench of this Tribunal in OA No.260/2002 only to the applicants therein.
7. In our considered view, the aforesaid decision of the respondents is absolutely illegal and wrong. The stepping of pay is a continuing cause of action affecting the career of the Government employees till their retirement and consequently their pension also. Therefore, seniors cannot be allowed to draw less pay than their juniors. Such discrimination is against the principles of equality guaranteed under Articles 14 of the Constitution of India.
8. Law is well settled that the similarly placed persons should be treated alike, both in privileges conferred and liabilities imposed as equal laws would have to be applied to all in the same situation without any discrimination. Some of the decisions of the Honble Apex Court are referred to hereinafter.
In Amrit Lal Berry v. Collector Central Excise, AIR 1975 SC 538, the Honble Apex Court observed as under:
We do not think that, merely by filing repeated or delayed representations, a petitioner can get over the obstacles which delay in approaching the Court creates because equitable rights of others have arisen. We may, however, observe that when a citizen aggrieved by the action of a Government Department has approached the Court and obtained a declaration of law in his favour, others, in like circumstances, should be able to rely on the sense of responsibility of the Department concerned and to expect that they will be given the benefit of this declaration without the need to take their grievances to Court. The Constitution Bench of the Honble Apex Court in Menaka Gandhi vs. Union of India & Others (1978) 1 SCC 248 observed as under:
56. Now, the question immediately arises as to what is the requirement of Article 14: What is the content and reach of the great equalising principle enunciated in this article? There can be no doubt that it is a founding faith of the Constitution. It is indeed the pillar on which rests securely the foundation of our democratic republic. And, therefore, it must not be subjected to a narrow, pedantic or lexicographic approach. No attempt should be made to truncate its all-embracing scope and meaning, for to do so would be to violate its activist magnitude. Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinaire limits. We must reiterate here what was pointed out by the majority in E. P. Royappa v. State of Tamil Nadu (1974) 2 SCR 348: (AIR 1974 SCS 555) namely, that "from a positivistic point of view, equality is antithetic to arbitrariness. In fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic, while the other, to the whim and caprice of an absolute monarch. Where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14". Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness pervades Article 14 like a brooding omnipresence and the procedure contemplated by Article 21 must answer the test of reasonableness in order to be in conformity with Article 14. It must be 'right and just and fair" and not arbitrary, fanciful or oppressive; otherwise, it would be no procedure at all and the requirement of Article 21 would not be satisfied. In A.K.Khanna & Others v. Union of India & Others, ATR 1988 (2) CAT 518, this Tribunal while observing that not extending similar benefit to persons similarly situated would amount itself to a discrimination violative of Articles 14 and 16 of the Constitution of India, held as under:
3. It is true that the applicants were not parties to the Civil Writ Petition which was allowed by the Tribunal. But there is no reason not to extend benefit of that judgment to the applicants who are similarly placed as petitioners in T-335/85. In fact instead of driving each of senior computers to seek redressal of grievances before the Tribunal, each judgment on T-335/85 had become final. The respondents should have extended the benefit of that judgment to the entire class of computers similarly placed. The respondents would be advised to direct the department to extend the benefit of the judgment of Courts and tribunal which have become final to all employees similarly placed and not drive each of them to seek redressal of their grievances before the Tribunal. When applicants are similarly placed and governed by the same rules, the benefit as extended to the petitioners in T-335/85, should have been extended to them also. Not extending similar benefit would amount itself to a discrimination violative of Articles 14 and 16 of the Constitution. (Emphasis supplied) In the case of Dakshin Haryana Bijli Vitran Nigam & Others v. Bachan Singh, (2009) 14 SCC 793, the Honble Apex Court observed that:
22. This court time and again had observed that the principle underlying the guarantee of Article 14 of the Constitution is that all persons similarly placed shall be treated alike, both in privileges conferred and liabilities imposed. Equal laws would have to be applied to all in the same situation without any discrimination. 28. In view of the law as has been articulated in a large number of cases where this court has observed that any discriminatory action on the part of the Government would be liable to be struck down.
9. We, therefore, quash and set aside the aforesaid impugned Annexure A1 letter dated 07.04.2010. Consequently, we allow OA No.1979/2011 and direct the respondents to step up the pay and allowances of the applicants herein at par with their juniors and similarly placed employees who are parties in OA No.260/2002. We also direct that the aforesaid directions shall be complied with by the respondents within a period of two months from the date of receipt of a copy of this order and the benefits arising out of them shall also be disbursed to the applicants within the aforesaid period.
10. Consequently, the OA Nos.3587, 3903, 2385, 2454, 3902 and 4541 of 2011are also allowed in terms of the aforesaid directions.
11. There shall be no order as to costs in all these cases.
12. Copies of this order be placed in each of the case files.
(Mrs. Manjulika Gautam) (G. George Paracken) Member (A) Member (J) /nsnrgp/