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Central Administrative Tribunal - Delhi

Davendra Verma vs M/O Statistics on 13 August, 2021

                               1
                                                    O.A. No. 1653/2021
                                                    M.A. No. 2120/2021
Item No. 8
             Central Administrative Tribunal
                 Principal Bench: New Delhi

                       O.A. No.1653/2021
                       M.A. No. 2120/2021

                This the 13thday of August, 2021

                    Through Video Conferencing

              Hon'ble Ms. Manjula Das, Chairman
             Hon'ble Mr. A.K. Bishnoi, Member (A)

1. Davendra Verma (1982 Batch)
   Aged 63 years,
   S/o ShriAjeet Singh Verma,
   Retd. DG Central Statistics Office,
   Ministry of Statistics &Prog. Implementation,
   R/o 604. Tower 14, Purvanchal Royal City,
   Chi V, Greater Noida, UP.

2. Ashish Kumar (1978 Batch)
   Aged 65 years,
   S/o Shri Bhanu Prakash Srivastava,
   Retd. DG Central Statistics Office,
   Ministry of Statistics & Prog. Implementation,
   R/o 703, Tower 33, Espacia Lotus Boulevard,
   Sector - 100, Noida, U.P. 201304.

3. Amarjeet Kaur (1979 Batch)
   D/o Shri Gurbax Singh,
   Retd. DG Central Statistics Office,
   Ministry of Statistics & Prog. Implementation,
   Aged 65 years,
   R/o A - 410 1stFloor, Defence Colony,
                               2
                                            O.A. No. 1653/2021
                                            M.A. No. 2120/2021
Item No. 8
    New Delhi - 24.

4. Paritosh Chandra Sarker (1982 Batch)
   Aged 64 years,
   S/o Late Dhirendra Chandra Sarker,
   Retd. Addl. Director General,
   NSSO, DPD, Kolkata, MOS&PI,
   R/o 26/1/3, Narendra Nagar,
   Flat No. 8, 2nd Floor, PO Belgharia,
   Kolkata 700056.

5. Ashoke Lal Chatterjee (1982 Batch)
   Aged 67 years,
   S/o Late Anil Baran Chatterjee,
   Retd. Dy. Director General,
   Design & Research Division,
   National Sample Survey Office,
   M/o Statistics & Prog. Implementation,
   R/o Flat No.2D, 15 Chandi Ghosh Road,
   Kolkata - 700040.

6. Amitabha Panda (1982 Batch)
   Aged 63 years,
   S/o Late Muktipada Panda,
   Retd. Director General (Statistics)
   M/o Health & Family Welfare, GOI,
   NirmanBhawan, New Delhi,
   R/o Suryakiran Flat 2J,
   1A, Umakanta Sen Lane,
   Kolkata - 700030.

7. Rama PrasannaMisra (1982 Batch)
   Aged 66 years,
   S/o Late Prabodh Chandra Misra,
   Retd. Deputy Director General,
                                  3
                                                    O.A. No. 1653/2021
                                                    M.A. No. 2120/2021
Item No. 8
    NSSO DPD Kolkata, MOS&PI,
    R/o Flat No. 314, Swastic Garden,
    46, Sreedhar Roy Road,
    Kolkata - 700039.

8. Debasish Guha (1982 Batch)
   Aged 65 years,
   S/o Late Shri Animesh Chandra Guha,
   Retd. Advisor,
   Directorate of Economics & Statistics,
   DAC&FW, Ministry of Agriculture & Farmers Welfare,
   R/o AB-159 Flat No.3B, Action Area-1A Newtown,
   Kolkata - 700156.
                                                  ...Applicants

    (By Advocate:Mr. S.K. Rungta, Senior Advocate assisted by
    Mr. Prashant Singh)


                               Versus


        1. Union of India,
           Through The Chief Statistician of India & Secretary,
           M/o Statistics &Programme Implementation,
           Having its office at
           Sardar Patel Bhawan, Parliament Street,
           New Delhi - 110001.

        2. Department of Personnel & Training,
           M/o Personnel & Training,
           Through its Secretary,
           North Block, New Delhi - 110001.

                                                   ...Respondents
                                    4
                                                      O.A. No. 1653/2021
                                                      M.A. No. 2120/2021
Item No. 8


        (By Advocate: Mr. C. Bheemanna)


                          ORDER (ORAL)

Hon'ble Ms. Manjula Das, Chairman M.A. No. 2120/2021 M.A. filed for joining together in a single petition is allowed.

O.A. No. 1653/2021

The applicants in the present OA are retired Group- A ISS officers and were granted Non Functional Upgradation (NFU) to Senior Administrative Grade (SAG) in Level 14 of the pay matrix, vide different office orders w.e.f. 03.01.2006 and 01.01.2008. Their grievance is that the respondents have granted them the NFU to SAG in Level 14 w.e.f.03.01.2006 and 01.01.2008, which, according to them should be granted w.e.f. 01.01.2006. 5 O.A. No. 1653/2021 M.A. No. 2120/2021 Item No. 8

2. Aggrieved by the same, the applicants have filed the present O.A.,claiming the relief in terms of a direction to the respondents to grant them NFU to SAG in Level 14 of the Pay Matrix w.e.f. 01.01.2006 instead of 03.01.2006 and 01.01.2008; and to further modify the office orders dated 04.08.2010, 06.12.2010 and 12.05.2011, with arrears and other consequential benefits.

3. The applicants have placed reliance upon the judgments of this Tribunal in O.A. N0. 761/2012decided on 23.10.2013 and O.A. No. 2143/2014decided on 23.12.2014, judgments of Hon'ble High Court in W.P. (C) No. 8193/2015 dated 12.03.2019& W.P. (C) No. 3730/2015 with W.P. (C) No. 8329/2016dated 17.12.2019; and also the judgment of Hon'ble Supreme Court in SLP (C) No. 11068/2020decided on 28.01.2021.

4. Learned senior counsel for the applicants submitted that the applicants have made representations to the 6 O.A. No. 1653/2021 M.A. No. 2120/2021 Item No. 8 respondents (Annexure-A/11), ventilating their grievance. He further submitted that the applicants would be contented if their representations (Annexure A/11) are considered and decided by the respondents within timeframe. Learned counsel for respondents did not raise any objection to the request of the learned senior counsel for the applicants

5. Today, we heard Mr. S.K. Rungta, learned senior counsel for the applicants assisted by Mr. Prashant Singh, and Mr. C. Bheemanna, learned counsel for the respondents.

6. In this view of the matter, without going into the merits, the present O.A. is disposed of, at the admission stage itself, directing the respondents to consider and decide the aforesaid representations of the applicants at Annexure A/11 and pass appropriate speaking order, within a period of three months from the date of receipt of 7 O.A. No. 1653/2021 M.A. No. 2120/2021 Item No. 8 copy of this order, under intimation to the applicants. There shall be no order as to costs.

        (A.K. Bishnoi)                         (Manjula Das)
         Member (A)                             Chairman

        August 13, 2021
        /sunil/jyoti/mbt/ankit/dd/