Karnataka High Court
Union Of India vs Sri. S.K. Kowshik on 18 December, 2015
Bench: Mohan M. Shantanagoudar, B.Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER 2015
PRESENT
THE HON' BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
AND
THE HON' BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION NOS. 38145-38147/2013(S-CAT)
C/W
WRIT PETITION NO.36923/2013(S-CAT)
IN W.P. NOS. 38145-147/2013
BETWEEN:
1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF DEFENCE,
SOUTH BLOCK, DHQ PO.,
NEW DELHI-110011.
2. THE ENGINEER-IN-CHIEF,
INTEGRATED HQ OF MOD (ARMY),
KASHMIR HOUSE, RAJAJI MARG,
DHQ PO., NEW DELHI-110011.
3. THE COMMANDANT,
HEAD QUARTERS,
MADRAS ENGINEER GROUP AND CENTRE,
SIVAN CHETTY GARDEN P.O.,
BANGALORE-560042. ... PETITIONERS
(BY SRI. T. M. VENKATA REDDY, CGSC)
2
AND:
SHRI. S.K. KOWSHIK,
STORE KEEPER GRADE II,
PERS NO. 1386531,
TRAINING BATTALION-I,
HQ MEG & CENTRE,
SIVAN CHETTY GARDEN P.O.,
BANGALORE-560042. ... RESPONDENT
(BY SRI. S. K. KOWSHIK, PARTY-IN-PERSON)
...
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
SET ASIDE THE ORDER OF CENTRAL ADMINISTRATIVE
TRIBUNAL DATED 10TH JUNE 2013 IN O.A. NO.77/2012 VIDE
ANNEXURE-A AND DISMISS THE SAME AS NO MERITS EXISTS
IN THE CASE.
IN W.P. NO. 36923/2013
BETWEEN:
S.K. KOWSHIK,
AGED ABOUT 57 YEARS,
S/O T. R. SEETHARAMAIAH,
RESIDING AT NO.23, SIDDASHRAMA ROAD,
17TH CROSS, MALLESWARAM,
BANGALORE-560003.
-WORKING AS STORE KEEPER GRADE-II,
TRAINING BATTALION I HEAD QUARTERS,
MADRAS ENGINEER GROUP AND CENTRE
BANGALORE-560042. ... PETITIONER
(BY SRI. S. K. KOWSHIK, PARTY-IN-PERSON)
AND:
3
1. THE UNION OF INDIA,
REPRESETNED BY ITS SECRETARY,
MINISTRY OF DEFENCE,
SOUTH BLOCK, ROOM NO. 199C,
NEW DELHI-110011.
2. THE ENGINEER-IN-CHIEF,
INTEGRATED HEAD QUARTERS,
MOD (ARMY), KASHMIR HOUSE,
RAJAJI MARG,
DHQ-PO, NEW DELHI-110011.
3. THE COMMANDANT,
HEADQUARTERS,
MADRAS ENGINEER GROUP AND CENTRE,
P. B. NO. 4200,
BANGALORE-560042. ... RESPONDENTS
(BY SRI. T.M. VENKATA REDDY CGSC., FOR R-1 TO R-3)
*******
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO GRANT SUCH RELIEF TO THE PETITIONER
AS SOUGHT FOR IN OA NO.77/12 VIDE ORDER DATED
10.6.2013 BY MODIFYING THE ORDER AT ANNEXURE-P
PASSED BY CENTRAL ADMINISTRATIVE TRIBUNAL AND ALLOW
THE WRIT PETITION BY ALLOWING THE ORIGINAL APPLICATION
BEFORE THE CAT VIDE ANNEXURE-p..
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED ARE COMING ON FOR PRONOUNCEMENT OF
ORDERS THIS DAY, B. VEERAPPA, J., MADE THE FOLLOWING:
ORDER
Since both these writ petitions are filed against the order dated 10.6.2013 passed in Original Application No.77/2012 on the file of the Central Administrative 4 Tribunal (hereinafter referred to as the 'CAT' for short), the same are heard together and disposed off by this common order.
2. The party-in-person has filed Writ Petition No. 36923/2013 against the order dated 10.6.2013 made in Original Application No.77/2012 on the file of the CAT for non granting upgradation promotion to the post of Senior Store Keeper Grade-II and for fixation of pay scale of Rs.6,500-10,500/- with retrospective effect from 25.5.1998.
3. The Central Government Authorities have filed W.P.No.38145-147/2013 against the same order dated 10.6.2013 declaring that the applicant is entitled to be re-designated as Store Keeper Grade-I in accordance with the proposal issued by the Engineer-in-Chief.
4. Case of the party-in-person (original applicant) is that O.A.No.77/2012 is the fourth round of litigation 5 filed before the CAT to quash the order dated 28.9.2011 passed by the 1st respondent/Union of India to proceed with the cadre review proposal as per the guidelines of Ministry of Finance on the subject; that Cadre Review proposals are not linked with the Pay Commission recommendations; and that the proposals will be examined as per guidelines in the subject as well as to issue a writ of mandamus directing respondent No.1 to implement the promotion for the post of Senior Store Keeper Grade II. The prayer is also made to enhance the pay scale of Rs.6500-10,500/- with retrospective effect from 25th May, 1998 with all consequential benefits as per the Official Memorandum No.AB- 14017/2/97-Estt.(RR) vide Annexure-A1 and for a direction to the 1st respondent/Central Government to implement Cadre Review Promotion as per Army Head Quarter letter No.24497/3/Gen/SK/EME TO 515 Base Work Shop, Banglore, Dated 22.8.2005 and to upgrade the post of Store Keeping Staff and other relief. 6
5. It is contended by the petitioner that he entered into service initially in Head Quarters of Madras Engineering Group and Centre, Bangalore, Army Training Centre, Ministry of Defence in the Store keeping Cadre as a Store Keeper Grade-II with effect from 23rd June, 1983 and till today, the applicant is in the same post i.e., even after a lapse of more than 29 years. The Store Keeper Cadre under MEG & Centre, Bangalore has no further promotional avenues due to which no review of Store Keeper Cadre is made from last 5 years as stipulated in the prevalent and standing instructions from DOPT Government of India. The Appointing Authority i.e., the Commandant HQ.MEG & Centre accepted vide letter bearing No.2007/Rect/Adm/Elc, dated 14.8.2008 at para-4 as follows:
"The civilian employees in most of the above cadres have reminded stagnate with limited promotional avenues available to these when compared with 7 other similar Defence organizations under Govt. of India. This has resulted in resentment amongst the employees and they have been repeatedly knocking the doors of the Tribunals for redressal of their grievances. Though there are instructions issued by DOPT from time to time that cadre reviews are to be carried out every 5 years, unfortunately this has not happened, for above cadres".
He also contended that the 5th Central Pay Commission has recommended with regard to Store Keepers, the Model Structure and the replacement scales, but the Central Pay Commission report recommendation is to be accepted by the Government. However, the Group of Ministry looked into the 5th Central Pay Commission report and obtained the sanction from the Ministry of Finance, Department of Expenditure on 30th of September, 1997. It is further contended that the HQ. MEG & Centre, Bangalore being the expert body by their 8 Departmental Cadre Review Board has amended the earlier Store Keeper Recruitment Rules under SRO 249/71 by replacing SRO 46, dated 25.8.2007, by which it has modified and enhanced the educational qualification for direct recruitment of Store Keeper from Matriculation to Minimum one year experience at the similar work to Higher Secondary pass or its equivalent, knowledge of Computers in MS Word, Certificate Course in Storekeeping/Store Management. Apart from amending the recruitment rules, simultaneously restructuring of the Store Keeper Cadre and upgrading the post of Senior Store Keeper Grade-II by enhancing the pay scale of Rs.6500-10,500/- is also done. Though the Board proceedings were sent by the 3rd respondent herein to the concerned authorities, no communication was received by the applicant about his promotion though repeated representations and reminders were submitted to the respondents. Therefore, the petitioner/party-in-person was constrained to file 9 O.A.Nos. 11/2008, 391/2008, 391/2008 earlier and finally the present O.A.No. 77/2012 is filed for the relief sought for.
6. It is further contention of the applicant that the 1st respondent/Central Government never stated about the issue of introduction of new scales/grades and the Cadre Review proposal as per the Department of Expenditure by Official Memorandum dated 7.1.1999. The grievance of the applicant's was that the Tribunal has given specific direction to the 2nd respondent to reformulate their proposals with regard to the Cadre Review of only the Store Keeping Staff in the Origanization (and not to others) and then to forward to the 1st respondent for consideration after receipt of the proposal with regard to the Cadre Review of Store Keeping Staff. But the 2nd respondent was wholly negligent in performing his duty as per the direction of the Tribunal. Therefore, the applicant in order to get 10 the time facts/action taken, applied under the RTI Act for follow up action by the 2nd respondent through his office CPIO dated 4.10.2010. The 2nd respondent by the letter dated 11.11.2010 has informed the applicant that the files concerning to the Cadre Review proposal have been destroyed by burning. It is simply ironical and highly untenable besides beyond comprehension that while the matter still rests with the judicial platform, these documents are destroyed hampering the judicial process by the 2nd respondent's office. Therefore, the action is highly contrary to the law, etc.
7. The respondents/Central Government filed reply statement denying the averments contending that as per the directions issued by the Central Administrative Tribunal, it has considered and passed orders on 8th December, 2009 rejecting the applicants demand as 'not tenable', since no such post is contemplated in the Recruitment Rules nor SRO No.46 11 is applicable for Store Keepers of Engineer Group and Centre. It was also contended that there is no force in the case putforth by the petitioner as cadre review proposal does not result in introduction of new pay scale/grade. It was further contended that there is no provision in law to upgrade or amend the law to promote the applicant in his personal interest; the petitioner is not eligible to the post of Store Keeper Grade-II with pay scale of Rs.6,500-10,500/- with retrospective effect from 25th of May, 1998 in the Organisation headed by respondent No.3 or other two Engineering Groups and Centre of Ministry of Defence, etc. On these among other grounds the respondent pray for dismissal of the application.
8. The Tribunal considering the entire material on record, by its order dated 10th June, 2013 has disposed of the application declaring that the applicant is entitled to be re-designated as Store Keeper Grade-I in 12 accordance with the proposal issued by the Engineer-in- Chief and the same should be given into effect within one month from the date of the order. Therefore, the petitioner/party-in-person filed writ petition for not granting up-gradation promotion to the post of Senior Store Keeper Grade-II and prayed for fixation of pay scale of Rs.6,500-10,500/- with retrospective effect from 25.5.1998. The Central Government filed a writ petition against the same order directing re-designation of the applicant as Store Keeper Grade-I in accordance with the proposal issued by the Engineer-in-Chief.
9. Sri S.K. Kowshik/party-in-person vehemently contended that the impugned order passed by the Central Administrative Tribunal directing the 1st respondent to implement the gradation post is bad in law. What was sought was only the fixation of higher scales and not creation of posts. He further contended that the Tribunal ought to have extended the benefit on 13 the ground of violation of Articles 14 and 16 of the Constitution of India; that in spite of repeated directions made in O.A.Nos.11/2008, 391/2008 and 146/2008, the respondents have not considered and rectified the mistake and the Tribunal ought to have granted relief which was extended to similarly situated persons by the Army Head Quarters. Therefore, he contended that non-granting of relief to him is unreasonable and hence, prayed for a suitable direction to the respondents. He further contended that as the V Central Pay Commission recommended for proper up-gradation and restructuring of pay-scale to the post of Store Keeper in the Ministry of Defence which has been accepted by the Ministry of Defence by the Official Memorandum dated 25.5.1998, the Government Department particularly, the Ministry of Defence ought to have implemented the report and extended similar benefits to all the employees uniformly without committing breach of the provisions of Articles 14 and 16 of the Constitution of 14 India. The petitioner/party-in-person further contended that the 3rd respondent recommended to the competent authority the partial recommendation for up-gradation of pay-scale and promotion of the Store Keeper but there is no communication from the 2nd respondent. Therefore, he sought to set aside the impugned order passed by the Central Administrative Tribunal and prayed for direction to the respondents for up-gradation to the post of Senior Store Keeper Grade-II and for fixation of pay-scale of Rs.6,500-10,500/- with retrospective effect from 25.5.1998.
10. Per contra, Sri.T.M. Venkata Reddy, learned Central Government Standing Counsel appearing for the petitioners in W.P.Nos.38145-38147/2013 contended that the impugned order passed by the Tribunal directing the Central Government to declare that the applicant/respondent is entitled to be re-designated as Store Keeper Grade I in accordance with the proposal 15 issued by the Engineer-in-Chief within a period of one month from the date of order is contrary to law. The Tribunal has no jurisdiction for creation of a new post, since the Department has banned the creation of new posts and the respondent is already drawing the pay- scale of Store Keeper Grade I by virtue of grant of Financial Up-gradation under Assured Career Progression Scheme (for short 'the ACP'). There is no post of Store Keeper Grade I, which is authorized in the Office of the petitioner No.3. He further contended that the orders of ACP scheme introduced by the Government on 9.8.1991 at paragraph 1 to the annexure stipulates the conditions for grant of benefits under ACP scheme that envisages the higher pay scale / grant of financial benefits through financial up- gradation order only to the government servant concerned. The learned counsel further contended that in view of the rejection of the proposal for creation of posts of Store Keeper Grade I with pay of Rs.4,200/- by 16 Ministry of Defence stating economic measures adopted by the Government of India in all the Ministries, Departments does not imply any monetary loss to the respondent as he is at present already drawing pay scale of Rs.4,200/-. Therefore, he sought to set aside the impugned order passed by the Central Administrative Tribunal.
11. We have heard the petitioner - party-in- person and the learned counsel for the Central Government and perused the entire material on record carefully.
12. It is an admitted fact that the petitioner - Sri S.K. Kowshik / Party-in-person has entered service initially in Headquarters Madras Engineer Group and Centre, Bangalore, (for short 'the MEG & Centre') Bangalore, Army Training Centre, Ministry of Defence in Store Keeping Cadre as a Storekeeper Grade I w.e.f. 23.6.1983 and even after lapse of 29 years, he has been 17 working in the same post. It is also not in dispute that the Appointing Authority, i.e., Commandant Headquarters, MEG and Centre vide its letter dated 2007/Rect/Adm/EIC, dated 14.8.2008 at paragraph 3 has stated as under :-
"The civilian employees in most of the above cadres have remained stagnate with limited promotional avenues available to these when compared with other similar Defence organizations under Government of India. This has resulted in resentment amongst the employees and they have been repeatedly knocking the doors of the Tribunals for redressal of their grievance. Though there are instructions issued by the DOPT from time to time that cadre reviews are to be carried out every five years, unfortunately 18 this has not happened, for the above cadres."
13. It is an undisputed fact that earlier the very petitioner Sri S.K. Kowshik, approached the CAT in O.A.No.11/2008 for a direction to consider the promotion of the applicant to the post of Senior Store Keeper Grade II and for enhancing pay scale of Rs.6,500
- 10,500/- with retrospective effect from 25.5.1998 and direction to the respondent to extend promotional opportunities available in the sister concern of 515, Army base workshop, Bangalore and Military Engineer Services (MES) Bangalore, to the applicant with all consequential benefits such as arrears of pay etc. The Tribunal by its order dated 2.6.2008 has disposed of the original application O.A.No.11/2008 with a direction to the applicant to make representations to the respondents with regard to the notification dated 13.8.2007 with in a period of 15 days from that date 19 and the respondents were directed to dispose of the same with a speaking and reasoned order and communicate the same to the applicant within three months from the date of receipt of the said representation of the applicant.
14. Again the very petitioner filed another O.A.No.391/2008 to quash the order dated 16.09.2008 passed by the 2nd respondent with a direction to the 1st respondent - Central Government to consider the case of the applicant for promotion to the post of Senior Store Keeper Grade II and enhance the pay scales from Rs.6,500/- to Rs.10,500/- with retrospective effect from 25.5.1998 and for other reliefs. The Tribunal after hearing both the parties by its order dated 4.8.2009 has disposed of the O.A.No.391/2008 and held as under:-
"That the impugned order has been passed primarily in terms of SRO 46 dated 13.8.2007. It is true that the 20 recommendations of the Board may not be pending on the Government. The letter dated 23.9.2004 indicates that Ministry of Defence had itself felt the need to modify the Recruitment Rules. No reasons are forthcoming either in the order or in the reply as to why Store Keepers in these centres are being discriminated vis-a-vis those working in EME and MES."
Accordingly, the 1st respondent was directed to re- consider the matter in the light of the over all situation pertaining to the Ministry of Defence within a period of four months from the date of receipt of the order.
15. It is also not in dispute that the petitioner approached the Tribunal in O.A.No.146/2010 for the same relief and the Tribunal after hearing both the parties vide its order dated 28.1.2011 has disposed of the application and directed the 2nd respondent - 21 Engineer-in-Chief, Kashmir House, Army Headquarters, Rajaji Marg, DHQ-PO, New Delhi, to re-formulate their proposals with regard to cadre review of Store keeping staff in the Organization within 30 days, if not already forwarded and the 1st respondent shall consider the same within one month from the date of receipt of the order and pass a speaking and reasoned order thereon.
16. In spite of repeated orders passed by the Central Administrative Tribunal directing Central Government and its authorities to rectify the mistake and remove the discrimination between EME and MES Centre in respect of Store Keepers, unfortunately the Central Government or its authorities have not considered the same. Therefore, again the party in person - Sri S.K. Kowshik has approached the Tribunal for the 4th time and the Central Administrative Tribunal by the impugned order dated 10.06.2013 declared that the applicant - Party-in-person is entitled to be re- 22 designated as Storekeeper Grade I. The Tribunal has virtually exercised the powers of Appointing Authority, though it has no right to create any post.
17. The Central Government has filed reply statement in W.P.No.36923/2013 wherein the Central Government has admitted the fact that the petitioner - Sri S.K. Kowshik was granted second financial up- gradation and ACP scheme on completion of 24 years of service and it is also not in dispute that even after completion of 29 years of service as Store Keeper Grade II the petitioner has not been given enhanced higher pay scales.
18. The Director to the Government of India, Ministry of Defence by letter dated 16.1.2004 as per Annexure -R-1 to the statement of objections in W.P.No.36923/2013 addressed to the Engineer-in Chief's Branch, Army HQ., New Delhi - 110 011, after referring the recommendations of the Fifth Pay Commission has granted sanction to grant scales of pay 23 Rs.4,000/- to Rs.6,000/- and Rs.5,000-8,000/- towards First and Second Financial Up-gradation respectively to the Store Keeping Staff of Engineer Groups and Centres in the scale of Rs.3050 -4590/- under the provisions of Assured Career Progression Scheme issued under Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training) OM No.35034/1/97-Estt(D) dated 09.08.1999 and further amplified from time to time.
19. The Government of India, Department of Personal Training in OM 3504/9/2010 ESTT.D. dated 10.2.2011 has recommended that "the issue of providing an option to organization/cadres to have a choice for the benefits under the earlier ACPs or MACPS was also discussed in the meeting of the Joint Committee. While the issue would require further deliberation, it is reiterated that MACPS [as was the case that the ACPs has a full back up option in the 24 event of promotions in taking steps] Cadre structure needs to be revived periodically to harmonize functional needs or organize the career progression to employees. Accordingly, all concerned are advised to revive the cadre structure in a time bound manner with a view to mitigate the problem of stagnation. In spite of the same, no progress has been made by the Central Government.
20. It is also not in dispute that the very Commandant Madras Engineer Group & Centre by another letter dated 14.08.2008 addressed to Major General, Engineer-in-Chief, Integrated Headquarters, Kashmir, New Delhi, has requested to review; one of the cadre was Store Keeping Staff and he referred to the earlier letter dated 23.09.2004; he entrusted the responsibility of effecting revision of SROS, which were complied with and forwarded to review along with Cadre Review and the representations MEG & Centre were also 25 accepted by the Commandant Staff which recommended for implementing. There has been no communication with regard to the progress of the Centre Review FWD. Accordingly, he requested for the Commandant's indulgence. In the process of recommendation by the Commandant, it is also observed that it will alleviate the long pending grievance of all the civilian employees of three Engineering Groups and Centres.
21. Though several recommendations were made by the Central Government authorities, till today no action has been literally taken by the higher authorities including the 1st petitioner - Central Government. No up-gradation or promotion prospects have been made. But the Central Government has implemented the Cadre Review to the Store Keeping Staff of Corps of EME vide letter No.2449/3/Gen/SK/EME Civ 3 dated 22.8.2005 as per the Department of Personnel and Training Executive Instructions. The inaction of the 26 respondents and its authorities to consider the recommendations made by several authorities on several occasions is in utter violation of Articles 14 and 16 of the Constitution of India.
22. Though the Central Government Authorities
- respondents (the Petitioners in W.P.Nos.38145 - 147/2013) filed objections to the main writ petition, filed by Sri S.K. Kowshik, it is not forthcoming what happened to the Higher Pay scales from 23.6.1983 till today even after lapse of 29 years of service. The details of petitioner furnished by the Central Government as per the memo dated 4.11.2015 indicate that the appointment of the petitioner was made as Store Keeper Grade II on 23.6.1983 in the pay scale of Rs.260-400/-; he was granted one income/increment basic pay raised Rs.3,875 - 4,000/- and Rs.4,000 - 6,000/- as per the 5th CPC dated 29.5.1997 and again re-designation was made on 16.1.2004 existing feeder post of Store Keeper 27 Grade II. It is clear that no higher pay-scale was fixed from 1997 till 16.1.2004; the pay remained in the same pay scale of Rs.4,600/- from 29.5.1997 to 16.1.2004.
23. The said material aspects have not been considered by the CAT and thereby wrongly declared that the applicant is entitled to be re-designated as Store Keeper Grade I in accordance with the proposal issued by Engineer-in-Chief. The Tribunal has not stated anything about the recommendations and about the higher pay-scales as sought for by the petitioner- party-in-person. Therefore, the impugned order passed by the CAT is not in accordance with the law.
24. It is relevant to state at this stage, that the Hon'ble Supreme Court in the case of DIVISIONAL MANAGER ARVO VS. CHANDRA HASSAN AND ANOTHER i.e., in Civil Appeal Nos.5732/2007 disposed off on 16.12.2007 arising out the SLP (Civil) No.3358/2007 at Paragraph 15 has held that:- 28
"The Court cannot direct the creation of posts, creation of posts is a prerogative of the Executive or Legislative Authorities and the Court cannot arrogate itself. It is purely executive or legislative function and direction of creation of posts in any organization. This Court has time and again pointed that the creation of posts is an executive or legislative function and it involves economic factors. The Courts cannot take upon themselves the power of creation of posts. Therefore, the direction given by the High Court and First Appellate Court to create posts and regularize the services of the respondent against the said posts cannot be sustained and are hereby set aside."
25. In the present case, the impugned order passed by the Central Administrative Tribunal declaring 29 the applicant to be re-designated as Store Keeper Grade I is totally without jurisdiction and the same is hereby set aside. It is for the Central Government (petitioners in W.P.Nos.38145-147/2013) to consider the recommendation made by the concerned authorities to revive the cadre and grant higher pay-scales to the Store Keeper Grade II and take up the task of job evaluation. Admittedly in the present case, there are several recommendations made by the concerned expert authorities. It is for the Central Government to take a decision and to act upon the representation/recommendations referred to supra. The power of appointment purely vests with the Central Government and such power of Central Government should not be usurped by the Court. On the facts of the case, we direct the concerned authorities to take swift action and consider the recommendations made by the concerned authorities stated supra to implement the promotion for the post of Senior Store Keeper Grade II 30 and enhance the pay scales Rs.6,500-10,500/- with retrospective effect from 25.5.1998 with all consequential benefits as per OM No.AB.14017/2/97- ESTT. (RR) of Do.PT, Ministry of Government of India.
26. In view of the aforesaid reasons we pass the following order:-
1. The Writ Petitions filed by the Party-in-Person and the Central Government are allowed. The impugned order dated 10.06.2013 passed by the CAT made in O.S.No.77/2012 is set aside.
2. The matter is remanded to the Union of India -
[1st petitioner in W.P.Nos.38145-147/2013, and 1st respondent in W.P.No.36923/2013] represented by its Secretary, Ministry of Defence, South Block, New Delhi, to consider the recommendations made by the authorities stated supra and to take swift action with 31 regard to the post of Senior Store Keeper Grade II and in the matter of enhancement of the pay scale to Rs.6,500/- - Rs.10,500/- w.e.f. 25.5.1998 with all consequential benefits as per the Official Memorandum No. AB-14017/2/97- ESTT.(RR) of Department of Personnel Training, Ministry of Personnel Grievance, Government of India, New Delhi, as early as possible within an outer limit of four months from the date of receipt of copy of this order taking into consideration that the petitioner Sri S.K. Kowshik will retire from service on 31.1.2017 on attaining the age of superannuation.
Sd/-
JUDGE Sd/-
JUDGE Nsu/- NG* P.10