Central Administrative Tribunal - Delhi
Karamveer (Telephone Operator) vs Govt. Of Nct Of Delhi on 27 November, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA No.1148 of 2014 New Delhi, this the 27th Day of November, 2014 HONBLE SHRI A.K. BHARDWAJ, MEMBER (J) HONBLE SHRI SHEKHAR AGARWAL, MEMBER (A) 1. Karamveer (Telephone operator) Age-42 years, S/o Sh. Guru Chran Singh, R/o H.No.F-77, Gali No.12, Jagatpuri, Krishna Nagar, Delhi-110051. 2. Narender Yadav (Lab technician) Age-31 years, S/o Sh. Shiv Kumar Yadav H.No.2/25, Ram Mohalla, Jauharipur, Delhi-110094. 3. Binod Kumar Chandravansi (Lab Technician) Age-32 years, s/o Sh. Mahaveer, r/o H.No.D1/122, Gali No.3, Ashok Nagar Delhi 110093. 4. Jagbir (Lab Technician) Age -31 years, s/o Sh. Jai Narain, r/o 2/293, ward No.25, Arya Nagar, Sonipat, Haryana. 5. Rajni (Lab Technician) Age-33 years w/o Sh. Jitender Singh, r/o H.No.846/E, Lohiya Gali No.4, Babarpur, Shahdra, Delhi-110032. 6. Smt. Sunita Kumari (Lab Technician) Age-30 years, W/o Sh. Aman, R/o H.No.A 36, Vill. Sahipur, (Near Dal Mil), Shalimar Bag, Delhi. 7. Smt. Minakshi Tyagi (Technical Assistant) Age-33 years, W/o Sh. Ashish Tyagi r/o 895, Janta Flats, GTB Enclave, Delhi. 8. Yogesh Kalara (O.T. Assitant) Age-31 years S/o Sh. Shyam Singh Kalara R/o H.No.1063, Sector-III, High Duplex, Vasundhara, Ghaziabad (U.P.). 9. Smt. Kalpana Chauhan (Senior Radiographer) Age-33 years, W/o Sh. Sushil chauhan, R/o 1/10992, Gali No.2, Subhash Park, Navin Shahdra, Delhi. 10. Tamanna (Junior Radiographer) Age-29 years, D/o Sh. Tahir Husain, R/o F-115, New Seemapuri, Delhi-110093. 11. Renu panchal (Junior Radiographer), Age-30 years, S/o Sh. Ram Pal Panchal, R/o P-030/A, Janta Flats, Dilshad Garden, Delhi. 12. Amit Kumar (Junior Radiographer), Age-35 years, S/o Sh. Banarasi Dass Parbhakar, R/o B-17, IInd Floor, Dilshad Garden, Delhi-95. 13. Saubh Sharma (Junior Radiographer), Age-31 years, S/o Sh. Shekhar Sharma, R/o G-119, F-I, Dilshad Colony, Delhi. 14. Sunil Kumar (Plaster Assistant), Age -40 years, s/o Sh. Baru Singh, R/o D-565, Gali No.3, Ashok Nagar, Shahdara, Delhi. 15. Satish Kumar, (Plaster Assistant), Age 32 years, S/o Sh. Raj Singh, R/o C/o Om Prakash, K-19, 4th Floor, NPL, Kingsway Camp, Delhi. 16. Sandeep Kumar, (Pharmacist) Age-28 years, S/o Sh. Dharmveeer Singh, R/o R-139, Gali No.15A, Main Road, Swatantra Nagar, Narela, Delhi-110040. 17. Virender Singh, (Pharmacist) Age-36 years, S/o Sh. Jai Pal Singh, R/o H.No. B-3/65, Yamuna Vihar, Delhi. 18. Renu Sexena (eye Refrastionist) Age-35 years, D/o Late Sh. R.A. Sexena, R/o H.No.60, Ext-3, Nangloi, Delhi-110041. 19. Neeraj Kumar (O.T. Assistant) Age-33 years, S/o Sh. Shish Pal, R/o H.No.T-31(a), Railway Colony, Modinagar, UP. 20. Ratnesh Prasad (O.T. Assistant) Age-34 years, S/o Sh. Ravindra Prasad, H.No.E-691, East Vinod Nagar, Delhi-110051. 21. Mohd. Arshad Chaudhry (O.T. Assistant) Age-28 years, S/o Sh. Naseem Chaudhary, R/o Vill. & Post Asara, Distt. Baghpat, U.P. 22. Amit Jha, Age-31 (O.T. Assistant) s/o Sh. Vinod Jha, R/o H.No.184, Saray Nagar Ali, Ghaziabad, U.P. 23. Yogesh (O.T. Assistant) Age-31 years, s/o Mahendra Singh, R/o Vill. & Post Bali, The. Baghpat, U.P. 250601. 24. Manoj Kumar Mishra (Junior Radiographer) Age -25 years, S/o Sh. Man Mohan Shyam Mishra, R/o D-232 A, Gali No.8, Jagatpuri, Mandoli Raid, Shahdara Delhi-93. (All the applicants have been working on contract in GTB Hospital, Dilshad Garden Delhi and filed the present O.A. through Karamveer) .Applicants (By Advocate : Shri Harish Kumar) versus 1. Govt. of NCT of Delhi Through its Chief Secretary, New Secretariat, New Delhi. 2. Principal Secretary (Health) Govt. of NCT of Delhi, New Secretariat, New Delhi. 3. Medical Superintendent, G.T.B. Hospital, Dilshad Garden, Delhi. .Respondents (By Advocate: Shri Vijay Pandita) ORDER (ORAL) SHRI A.K. BHARDWAJ, MEMBER (J):
Both the parties are ad idem that the controversy involved in the present OA is in all fours covered by the Order passed by this Tribunal in Sindhu & others v. Govt. of NCT of Delhi & Others (OA No.2947/2013 with connected OAs) decided on 12.8.2014. Para 25 of the judgment reads thus:
25. In the circumstances, the Original Applications are disposed of with direction to the respondents to fix the consolidated pay of the applicants at minimum of the pay in grade in the relevant pay band as the same is fixed in respect of new entrant. It is made clear that except the minimum of the pay in the grade in which the contractual employee is employed, no benefit other than the benefits already granted to them by the respondents would be admissible to them. The benefit of the minimum of pay in the grade would become available to the applicants from 1.8.2014. The amount whatever has been paid to the applicants would not be recovered from them. Needless to state that our aforesaid directions would not come in the way of the respondents to give arrears to the applicants, if they so desire on their own. No costs.
2. In view of the stand taken by the counsels appearing for the parties, this OA is disposed of with direction to the respondents to extend the benefits of the aforesaid Order of this Tribunal to the applicants within eight weeks from the date of receipt of a copy of this Order. There shall be no order as to costs.
(SHEKHAR AGARWAL) (A.K. BHARDWAJ)
MEMBER (A) MEMBER (J)
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