Central Administrative Tribunal - Chandigarh
Jagdish Singh Marwah vs Union Of India Through Secretary on 17 December, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A No.060/00463/2015 Date of decision : 17.12.2015 CORAM: HONBLE MR. SANJEEV KAUSHIK, MEMBER (J) HONBLE MR. UDAY KUMAR VARMA, MEMBER (A) S. No. Name Design. Account No. Place of working 1. Jagdish Singh Marwah AAO 8329901 Principal Controller of Defence Accounts (Western Command), Sector-9A, Chandigarh. 2. Parveen Kumar AAO 8329225 Principal Controller of Defence Accounts (Western Command), Sector-9A, Chandigarh. 3. Manan Gupta Sr. A.O 8328140 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 4. Bhanu Pratap AAO 8323227 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 5. P.K. Priyadarshi AAO 8335933 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 6. Amrick Singh AAO 8335037 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 7. Om Parkash AAO 8333611 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 8. Rupesh Kumar SO (A) 8339592 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 9. Kashmiri Lal AAO 8335892 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 10. Harish Kumar AAO 8329244 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 11. N.D. Sharma AAO 8329937 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 12. Raj Kumar Sr. AO 8322953 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 13. Ran Bahadur Sr. AO 8323171 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 14. Satish Kumar AAO 8330473 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 15. Rajender Singh AAO 8334298 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 16. Smt. Vandana Kuniyal Sr. AO 8326024 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 17. Atul Kumar Srivastava AAO 8337030 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 18. Arun Kumar AAO 8333325 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 19. Smt. Kanchan Gulati AAO 8333114 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 20. Sukhjinder Singh AAO 8333582 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 21. Km. Veena Rani AAO 8322890 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 22. Smt. Vijay Sandal AAO 8334431 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 23. Sukhchandan Rekhi AAO 8333586 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 24. C.R. Ramgopal AAO 8326051 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 25. Shyam Lal AAO 8323249 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 26. Tilak Raj AAO 8330838 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 27. Smt. Navita Malhotra Sr. AO 8333084 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 28. Chander Sain AAO 8335178 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 29. Avtar Singh AAO 8325835 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 30. Kuldip Singh AAO 8330414 Local Audit Office (Army), Sector-9, Chandigarh. 31. Mehar Singh Sr. AO 8322906 Principal Controller of Defence Accounts (Western Command), Sector-9A, Chandigarh. 32. Pankaj Kumar AAO 8334640 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 33. Kamaljit Oberoi AAO 8329672 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 34. Adarsh Kumar AAO 8323215 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 35. Pirthi Chand AAO 8323156 Integrated Financial Advisor, (Western Command) Chandimandir. 36. Sandeep Soni AAO 8333609 Principal Controller of Defence Accounts (Western Command), Sector-9A, Chandigarh. 37. Subodh Kumar Dutta AAO 8336006 Integrated Financial Advisor, (Western Command) Chandimandir. 38. Vinit Jain AAO 8335890 Integrated Financial Advisor, (Western Command) Chandimandir. 39. Ganga Yadav AAO 8338809 Principal Controller of Defence Accounts (Western Command), Sector-9A, Chandigarh. 40. Rajesh Kumar Goyal AAO 8333086 Asstt. Accounts Office, Barrack Store Office (Revenue) Chandigarh. 41. Surinder Kumar AAO 8333144 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 42. S.K. Duhoon AAO 8323247 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 43. Gorav Bajaj AAO 8324613 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 44. Arun Kapoor AAO 8333588 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 45. Ankit Sud AAO 8333601 Asstt. Accounts Office, Barrack Store Office (Revenue) Yol. 46. Anil Kumar Sr. AO 8329895 Integrated Financial Advisor, HQ 9 Corps 47. Sanjeev Kumar Sr. AO 8333160 Integrated Financial Advisor, HQ 9 Corps 48. Gopal Dass AAO 8333241 Local Audit Office (Army) Pathankot 49. V.S. Salathia AAO 8328014 Area Accounts Office (Pay) Western Command Pathankot 50. Sinder Pal AAO 8327818 Local Audit Office (Army) Gurdaspur 51. Omkar Singh AAO 8327914 Area Accounts Office (Pay) Western Command Pathankot 52. Kuldeep Kr. Bharti AAO 8335618 Area Accounts Office (Pay) Western Command Pathankot 53. Manohar Lal Sr. AO 8327851 Accounts Officer, Garrison Engineer, Mamun 54. Gurdev Singh AAO 8327977 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 55. Lachhman Singh Sr. AO 8330597 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 56. Rajiv Kumar Sinha AAO 8334651 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 57. Rakesh Kr. Chand AAO 8333598 Local Audit Office, (B) Ambala Cantt. 58. Nikhil Jain AAO 8326171 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 59. Ravinder Kr. Handa AAO 8323177 Integrated Financial Advisor, (Western Command) Chandimandir 60. N.K. Dhiman AAO 8322866 Local Audit Office (Army) Gurdaspur 61. Indira Garg Sr. AO 8330434 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. 62. Manoj Kumar AAO 8329972 Local Audit Office (Army) Ambala Cantt. 63. Bhag Singh AAO 8330758 Local Audit Office (Army) Ambala Cantt. 64. Umesh Vyas AAO 8329212 Local Audit Office (C) Ambala Cantt. 65. Manmohan Singh AAO 8330659 Asstt. Accounts Office, Barrack Store Office (Revenue) Ambala Cantt. 66. Bhisham Kumar Jain AAO 8330531 Principal Controller of Defence Accounts (Western Command), Sector-9, Chandigarh. APPLICANTS BY ADVOCATE: Sh. D.R. Sharma. VERSUS 1. Union of India through Secretary, Ministry of Defence, South Block, New Delhi. 2. The Secretary, Department of Personnel and Training, North Block, New Delhi. 3. The Controller General of Defence Accounts, Ulan Batar Road, Palam, Delhi Cantt. 4. The Principal Controller of Defence Accounts, Western Command, Sector-9, Chandigarh. RESPONDENTS BY ADVOCATE: Sh. V.K. Arya. ORDER(ORAL)
HONBLE MR. SANJEEV KAUSHIK, MEMBER (J):-
1. Heard.
2. Learned counsel for the applicants very fairly submits that the case of the applicants is squarely covered by the order passed by this court in O.A No. 060/00376/2015 titled Bhajan Lal & Ors. Vs. U.O.I, which was allowed vide order dated 14.09.2015 by considering the judgment passed by the Madras Bench of this Tribunal in O.A. No. 966 of 2009 (S. Prabhu-II & Others Vs. Union of India etc.) decided on 29.12.2010 wherein similar issue was involved. The Honble High Court judicature at Madras in case of Government of India, Ministry of Personnel Public Grievances and Pensions & Ors. Vs. The Registrar C.A.T, Madras Bench & Ors. ( writ petitions no. 1078, 10046 to 10049 & 18262/2012) has also decided the similar issue upholding the view of this court vide judgment dated 03.04.2014. Learned counsel for the applicants made a statement at the bar that the applicants would be satisfied if present O.A is disposed of with a direction to the respondents to consider the claim of the applicants in terms of the decision rendered in case of Bhajan Lal & Ors. (supra).
3. Learned counsel for the respondents did not dispute that similar issue has already been considered by this Court in case of Bhajan Lal & Ors. (supra). He simply submitted that in terms of the letter dated 26.03.2015, the authorities cannot extend the benefit despite applicants being similarly placed. This kind of stand is opposed to law as held in the case of K.C. Sharma Vs. UOI etc., 1997(3) SCT 341 and Satbir Singh Vs. State of Haryana etc, 2000(2) SCT 54, the Honble Supreme Court has held that benefit of a judgment cannot be denied to similarly situated employees. Similarly, in Union of India and Anr. Vs. Lalita S. Rao & Ors., AIR 2001 SC 1972, it was held that an order of a court should be implemented for similarly situated employees whether party or not instead of forcing each and every individual to approach the court of law for similar relief
4. Considering that the respondents are not disputing the fact that similar issue has already been decided by this court, therefore, without going into the merits of the case, we dispose of the instant Original Application in terms of the view obtained in case of Bhajan Lal & Ors (supra), the relevant part of which reads as under:-
16. The issue in this case is as to whether the applicants can be granted only stepping up of pay or they are entitled to grant of stepping up of pay with grade pay at par with their junior / subordinates as has been granted by Madras Bench of this Tribunal as upheld upto Apex Court of the country, despite a contrary view taken by another Bench of same Tribunal.
17. The aforesaid poser stands answered in the latest decision on the issue by C.A.T. Guwahati Bench of this Tribunal in the case of Shri Ashim Kumar Biswas & Others vs. Union of India & Others, O.A.No. 040/00008 of 2014 decided on 25.2.2013 which has thrashed out the issue in detail holding that once there is a decision of two Honble High Courts on an issue a Bench of this Tribunal could not rely upon a provision contained in MACP Scheme prohibiting stepping up of pay. The matter was referred to a third Member to sort out the issue on finding that two members had taken contrary view. The learned third Member approved the view taken by learned Judicial Member holding that employees were entitled to grant of stepping up of pay by way of grant of grade pay of Rs.5400/-. The observations made by the Bench are reproduced as under :-
In view of such authoritative pronouncements of Honble High Court of Madras and Honble High Court of Delhi , there is nothing left for this Tribunal to adjudicate except following the ratio propounded by Their Lordships, which is very rudiment embedded in judicial discipline. That apart, this Tribunal cannot venture to take a different view, which the higher courts have already adjudicated. Learned counsel for the respondents wanted to go through some judgments of Honble C.A.T., Ernakulam Bench and C.A.T, Madras Bench. In this context, I can only say that once there is an authoritative pronouncement of Honble High Courts, I cannot venture to take a different view. I have gone through the judgment passed by Honble Member Judicial and not only found it to be rational but also based on precedents and as such the O.A. has to be allowed as per the directions given by the Honble Member Judicial. The view of the Honble Member (A) that one there is a clear cut provision in the MACPI Scheme under Clause 10, so also under Clause 20 of the Annexures of the MACP Scheme from administrative point of view, there is nothing wrong with the Department in not granting such benefit to the applicants merely because they were senior to some of the persons who have got more grade pay. But the pivotal question that comes for consideration is whether on the face of judicial pronouncements of Honble High Court of Madras and Delhi, such a right cannot be denied merely because there is no provision in the Scheme. The Scheme has an administrative direction and not a statutory enactment, whereas judicial pronouncements have binding force and act as statutory directions. Since there is nothing wrong in the MACP circular, consciously. Their Lordships have not quashed the provision but have observed where stepping up of pay of senior can be made to bring it at par with that of their juniors.
4. In view of the majority view and since I concur with the view expressed by Honble Member Judicial, the O.A. is allowed with a direction to the respondents to fix the grade pay of the applicant at Rs.5400/- with effect from the date on which such benefit has been extended to their juniors and the accrued interest may be disbursed preferably within a period of two months from the date of receipt of a copy of this order.
18. We find that the other objection taken by the respondents qua a contrary view having been taken by another Bench of the Tribunal has been taken care of by the co-ordinate Bench at Guwahati, as discussed above that once there are judicial pronouncements at the hands of two High Courts, the Tribunal has no much role to play except to follow the same. Thus, the applicants are held entitled to the grant of stepping up of pay by grant of grade pay of Rs.5400/- as has been allowed by the Madras Bench of this Tribunal in the case of S. Prabhu-II (supra) and by Guwahati Bench of this Tribunal in the case of Shri Ashim Kumar Biswas (supra). Resultantly, the impugned orders, Annexures A-1 and A-2 are quashed and set aside. The respondents are directed to extend the benefits to the applicants within a period of three months from the date of receipt of a certified copy of this order.
5. No costs.
(SANJEEV KAUSHIK) MEMBER (J) (UDAY KUMAR VARMA) MEMBER (A) Place: Chandigarh. Dated: 17.12.2015. `jk 1 OA No.060/00463/2015 (Jagdish Singh Marwah & Ors. Vs. UOI & Ors.)