Central Administrative Tribunal - Madras
D Ramadoss vs M/O Civil Aviation on 24 August, 2023
1 MA No.310/00403/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
MA/310/00403/2023 (Dy No. 1005/2023) & OA 310/ 00724 /2023
Dated Thursday the 24th day of August Two Thousand Twenty Three
CORAM :
HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
D. Ramadoss
S/o K. Duraiswamy
No. 6/26, Venkateswara Street
New Perungalathur, Chennai 600063. ...Applicant
By Advocate M/s I. Jayasingh Manoharan
-vs-
1. Union of India rep. by the Secretary to Government
Ministry of Civil Aviation
'B'Block, Rajiv Gandhi Bhavan
Safdarjung Airport, New Delhi - 110 003.
2. The Director General of Civil Aviation
Civil Aviation Department
Opp. Safdarjung Airport
New Delhi - 110 003.
3. The Regional Pay and Accounts Officer
Civil Aviation Department
F-3, NAA Residential Colony
Meenambakkam, Chennai 600 027.
4. Airports Authority of India
Rep. by its Chairman
C Block, Rajiv Gandhi Bhavan
Safdarjung Airport, New Delhi - 110 003.
2 MA No.310/00403/2023
5. The Regional Executive Director
Airports Authority of India
Southern Region
Chennai 600 027. ....Respondents
By Advocate Mr. Su. Srinivasan
3 MA No.310/00403/2023
ORAL ORDER
(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) Heard learned counsel for the applicant and Mr. Su. Srinivasan, SCGSC who appears on behalf of the respondents.
2. MA 403/2023 is filed by the applicant to condone the delay of 31 days in filing the OA.
3. By this OA the applicant is seeking the following relief:
"To direct respondents 2 to 5 to act upon the communication dated on 27.05.2022 in F. No. AV 33015/5/2020 C&W sent by the 1st respondent.
i. call for the records relating to the pay fixation of the applicant in the pay scale of Rs. 320-6-326-8-390-10- 400, upon his promotion to the post of MT Driver (HG) from MT Driver (LG) and quash the same ii. direct the respondents to re-fix the pay of the applicant in the appropriate Pay Scale of Rs. 330-8- 370-10-400-EB-10-480 and calculate the pay to be drawn for the applicant on each consecutive year thereon iii. direct the respondents to calculate the last pay drawn for the purpose of government pension based on the recalculation of the pay which ought to have been paid to the applicant in the correct pay scale of Rs. 330- 8-370-10-400-EB-10-480 and to re-fix the pension payable to the applicant and to pay the same along with arrears and interest thereon.
iv. direct the respondents to re-fix the IDA pattern of pay and allowances of applicant proportionate tot eh corrected pay re-fixed in accordance with the Pay Scale of Rs. 330-8-370-10-400-EB-10-480 and re-fix the 4 MA No.310/00403/2023 IDA pattern of pay and allowances payable to the applicant and to pay the same with arrears and interest thereon.
v. pass such further or other orders as it may deem fit in the facts and circumstances of the case and thus render justice."
4. When the matter was listed on 22.08.2023, learned counsel for the respondents has strongly opposed even to entertain the said MA and OA and submitted that mere issuing legal notice after lapse of more than 25 years will not extend the period of limitation. Since the applicants herein are claiming the re-fixation of pay pertaining to III Pay Commission. Upon request of the representative counsel for the applicant, the matter has been adjourned today.
5. The learned counsel for the applicant submitted that since the applicant is from the lower category working as a Driver was not aware about the law. Hence if at all the applicant succeeds in the main OA he will only claim the enhanced pension after correcting their pay as per the entitlement. However nothing has been placed on record to justify the said submission in respect of that. Though the applicant has raised his grievance on various occasion at earlier point of time, so far the respondents have not considered.
6. Learned counsel for the respondents today also has maintained his statement and opposes the relief in MA on the ground of delay and latches.
7. Learned counsel for the applicant seeks liberty to withdraw the said MA and OA. Hence liberty has been granted to withdraw the same. 5 MA No.310/00403/2023
8. Accordingly both MA and OA are dismissed as withdrawn. No order as to costs.
9. Registry is directed the number the OA for record purpose.
(Lata Baswaraj Patne) Member (J) 24.08.2023 AS