Central Administrative Tribunal - Madras
Dr R Maria Inigo vs Ut Of Pondicherry on 20 December, 2021
1 OA 310/00965/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA 310/00965/2019
Dated Monday the 20th day of December Two Thousand Twenty One
CORAM: HON'BLE MR. P. MADHAVAN, Member (J)
&
HON'BLE MR. T. JACOB, Member (A)
(Through Video Conferencing)
1. Dr. R.Maria Inigo
2. Dr. Thilaha Dharmarajan
3. Dr. S. Sahul Hameed
4. Dr. S. Senthil Srinivasan
5. Dr. K. Padmanabhan
6. Dr. S. Gayathri ...Applicants
By Advocate M/s. Isaac Chambers
Vs.
1. The Government of Puducherry
Represented by Chief Secretary
Beach Road, Goubert Avenue
Puducherry - 605 001.
2. The Secretary (Education)
Higher & Technical Education
Government of Puducherry, Secretariat
Puducherry.
3. The Directorate of Higher and Technical Education
Represented by its Director
PIPMATE campus
Thokappiar Main Road
Lawspet, Puducherry - 605 008. ...Respondents
By Advocate Mr. R. Syed Mustafa
2 OA 310/00965/2019
ORAL ORDER
[Pronounced by Hon'ble Mr. P. Madhavan, Member(J)] The relief prayed for in this OA is as follows:
"a. To pass an order pursuant to the impugned order passed by the 2 nd respondent in No. 123218/CS(Edn.I)/E4/2019 dated 28.01.2019 and this Tribunal may be pleased to issue necessary directions to the 2 nd Respondent to implement the order dated 28.01.2019 and revise the pay scale of the applicants, as per the recommendations of the 6 th Central Pay Commission which are mandatory and statutory in nature, by implementing the same and thereby give due promotions to the applicants from the date of it, which falls due and further directing the respondents to revise the pay scale in tandem with the post, before the 7 th Central Pay Commission recommendations are implemented and pass such further or other orders as this Tribunal deem fit and proper in the circumstances of the case and thus render justice.
b. To direct the respondents to pay all the promotional arrears in a single instalment within a stipulated period and pass such other orders as this Tribunal may deem fit proper in the circumstances of the case and thus render justice.
c. To direct the respondents to compensate the huge financial loss caused to the applicants for non-grant of due promotions in time, payment of interest at 6% per annum on the annual accretion basis within a stipulated period and pass such further or other orders as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice."
2. Heard learned counsel for the applicant and learned counsel for the respondents and gone through the pleadings.
3. Learned counsel for the applicants submit that pursuant to the direction of this Tribunal, the respondents have passed order which is impugned in this OA. Respondents have not implemented the impugned order so far. He referred the relevant paragraphs in the impugned order which is extracted below:
"3. And whereas, the direction of the Hon'ble Tribunal was taken into consideration and it has been decided to sort out and process all the pending proposals towards extending CAS benefits to the eligible college 3 OA 310/00965/2019 teachers in Government Arts & Science Colleges in this U.T., as per UGC Regulations 2010, by the Directorate of Higher & Technical Education and receive the consolidated proposal by this Secretariat;
4. Now therefore, the applicants are informed that they would be considered for promotion under CAS, as per UGC Regulations, 2010, shortly, w.e.f. the date of eligibility and the monetary benefit with prospective effect. The arrears of monetary benefit would be paid after receipt of instructions from Finance Department, since as per extant instructions, no arrears are to be paid to Government Servants, until further orders. Accordingly, the representations dated 12.01.2016 & 09.07.2018 of the applicants are disposed of and no further action is warranted."
4. In view of the submissions made by the respondents and the reply filed by them, we find it appropriate to direct the respondents to consider the case of the applicants and grant them relief within a reasonable period of time of six months.
5. OA is disposed of accordingly. No costs.
(T. Jacob) (P. Madhavan) Member (A) 20.12.2021 Member (J) /AS/