Central Administrative Tribunal - Chandigarh
Mes No.367109 Rakesh Kumar vs Union Of India Through Secretary on 6 February, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL,
CHANDIGARH BENCH,
CHANDIGARH.
O.A.NO.688/PB/2011 Date of Decision: 06th January, 2012
CORAM: HONBLE MR. SANJEEV KAUSHIK, JUDICIAL MEMBER
1. MES No.367109 Rakesh Kumar, MCM
2. MES No.368295 Ram Kishan, MCM
3. MES No.368630 Banarsi Dass, Electrician HS I
4. MES No.368131 Hans Raj Kashyap, MCM
5. MES No.361386 Jagir Singh, MCM
6. MES No.363490 Balhar Singh, FGM
7. MES No.371617 Kulwant Singh, E&G
8. MES No.369248 Gurcharan Singh, Mate E&M
9. MES No.369772 Ram Singh, FGM
10. MES No.369727 Karnail Singh, FGM
11. MES No.374320 Shyam Sunder, FGM
12. MES No.363107 Balwant Singh, MCM
13. MES No.6897902 Sat Pal Sharma, MCM
14. MES No.502657 Surinder Kumar, FGM
15. MES No.367628 Om Parkash, MCM
16. MES No.363203 Prem Singh, Mason
17. MES No.370355 Smt. Lajwanti, Mate
18. MES No.363109 Labh Singh, Mate
19. MES No.363110 Sushil Kumar, Mate
20. MES No.367201 Prem Mate
21. MES No.363108 Hari Ram, MCM
22. MES No.367629 Megh Raj,
All working in the O/O Garrison Engineer (P) Dappar Distt. Patiala, Punjab. Applicants
Versus
1. Union of India through Secretary, Ministry of Defence, CGO Complex, New Delhi.
2. The Engineer in Chief, Ministry of Defence, MArmy HQ, New Delhi.
3. The Chief Engineer, Western Command, Chandimandir, Distt. Panchkula.
4. The Chief Engineer, Chandigarh Zone, N. Area Airport Road, Chandigarh.
5. Commander Works Engineer, Patiala (Punjab).
6. Garrison Engineer (P) Dappar, Distt. Patiala.
. Respondents
OA.NO.689/HR/2011
172. MES No.372621 Parbhu Dayal, Mazdoor
172. MES No.5985 Paramjit Singh
172. ARMY No.2973972 Ram Naresh Mate FGM
All working in O/o GE (AF) Ambala Cantt.
.Applicants
Versus
1. Union of India through Secretary, Ministry of Defence, CGO Complex, New Delhi
2. The Engineer in Chief, Ministry of Defence, Ministry of Defense, Army HQ, New Delhi.
3. The Chief Egineer, Western Command, Chandimandir, Distt. Panchkula.
4. The Chief Engineer, Western Command (AF) Palam, New Delhi.
5. Commander Works Engineer (AF), Ambala Cantt.
6. Garrison Engineer (AF) Ambala Cantt.
.Respondents
OA.NO.721/PB/2011
103. MES No.371265 Vedu Ram, Mate
104. MES No.370499 Balwinder Singh, Valveman
105. MES No. 362271 Dalip Singh
All working Under GE Faridkot.
Applicants
Versus
1. Union of India through Secretary, Ministry of Defence, CGO Complex, New Delhi.
2. The Engineer in Chief, Ministry of Defence, Ministry of Defense, Army HQ, New Delhi.
3. The Chief Engineer, Western Command, Chandimandir, Distt. Panchkula.
4. The Chief Engineer, Jalandhar Zone, Jalandhar Cantt.
5. Commander Works Engineer Ferozepur Cantt.
6. Garrison Engineer, Faridkot (Punjab).
.. Respondents
OA.NO.724/PB/2011
69. MES No.368111 Surinder Pal Singh, FGM
70. MES No.373413 Rajiv Kumar, FGM
71. MES No.373606 Joginder Kumar, Mason
72. MES No.374542 Sukhdev Singh, Mate Carpenter.
All C/o GE, Jagraon Brij, Ludhiana.
73. Army No.4466457 Lachman Singh Mate (Ref. NCCL)
74. MES No.312612 Sukhdev Sharma O.S.
C/o GE Ludhiana. Applicants
Versus
1. Union of India through Secretary, Ministry of Defence, CGO Complex, New Delhi.
2. The Engineer in Chief, Ministry of Defence, Ministry of Defense, Army HQ, New Delhi.
3. The Chief Engineer, Western Command, Chandimandir, Distt. Panchkula.
4. The Chief Engineer, Jalandhar Zone, Jalandhar Cantt.
5. Commander Works Engineer Ferozepur CAntt.
6. Garrison Engineer, Jagraon Brij, Ludhiana.
.. Respondents
OA.NO.755/HR/2011
Versus
1. Union of India through Secretary,
Ministry of Defense, CGO Complex,
New Delhi.
2. The Engineer in Chief,
Ministry of Defence,
Ministry of Defense,
Army HQ, New Delhi.
3. The Chief Engineer,
Western Command,
Chandimandir, Distt. Panchkula.
4. The Chief Engineer (AF), WAC, Delhi.
5. Commander Works Engineer, Bikaner
6. Garrison Engineer (AF) Sirsa (Haryana).
.. Respondents
OA.NO.807/PB/2011
Versus
1. Union of India through Secretary,
Ministry of Defense, CGO Complex,
New Delhi.
2. The Engineer in Chief, Ministry of Defence,
Ministry of Defense, Army HQ, New Delhi.
3. The Chief Engineer, Western Command,
Chandimandir, Distt. Panchkula.
4. The Chief Engineer Jalandhar Zone, Jalandhar Cantt.
5. Commander Works Engineer, Jalandhar Cantt.
6. GE, (East) Jalandhar Cantt.
7. GE (West) Jalandhar Cantt.
8. GE (Engineer Park), Jalandhar Cantt.
9. GE, Kapurthala.
10. AGE B/R, Beas, Distt. Amritsar.
.. Respondents
ORDER(ORAL)
HONBLE MR. SANJEEV KAUSHIK, M(J)
1. I have heard Sh. Shailendra Sharma, counsel for the applicants in O.A. Nos. 688/PB/11; 689/HR/11; 721/PB/11; 724/PB/11; 755/HR/11; 756/HR/11; 805/PB/11 and 807/PB/11 and Sh. Harish Sharma, learned counsel for the applicants in O.A.No.828/CH/11 and Sh. Sanjiv Dahiya, learned counsel appearing for the respondents in all the abovementioned OAs.
2. The commonness of points for adjudication in all these O.As persuades me to undertake the adjudicatory exercise for a joint disposal. The variation, here or there, of facts of in-consequential characters would not make any difference to the ultimate finding by this Tribunal. I would extract facts from O.A.No.688/PB/2011 (Rakesh Kumar & Ors. Vs. UOI & Ors).
3. By means of present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants seek quashing of letter dated 23.05.2011 (Annexure A-6) issued by Respondent No.2, whereby Respondents No.3 & 4 are directed to ensure the recovery of compensation paid to defence civilian employees for Operation Parakram and the letter dated 10.06.2011 issued by Respondent No.4 directing the respondent No.5 to take immediate action for recovery of compensation already paid and letter dated 18.06.2011 issued by Respondent No.5 to Respondent No.6 by giving reference of letter dated 23.05.2011 and to direct the Respondent No.6 to ensure the recovery of amount already paid to the applicants from their respective salaries w.e.f. July, 2011.
4. At the very out set Sh. Harish Sharma, learned counsel for the applicant in O.A.No.828/CH/2011 has pointed out that the controversy involve in the present Original Application has already been put to rest by this Tribunal by passing an order in Original Application No.604/PB/2010 on 13.07.2011, copy of which has been handed over in the Court. Sh. Dahiya, learned counsel for the respondents is not in a position to make any arguments that the matter is not covered.
5. I have perused a decision in the above O.A., in which the applicants therein who are working as Civilian Defence Employees in MES have challenged the action of the respondents in making recovery of Field Service Concession (For short FSC) already paid to them in a project known as Operation Parakram launched by the Indian Army during 2001-02.
The Coordinate Bench of this Tribunal in the above Original Application has considered the same controversy and have allowed the Original Application by setting aside the impugned notice dated 16.07.2010 and have further directed the respondents not to make any recovery of FSC already paid to the applicants, with a further direction to make payment of FSC for entire period from 14.12.2011 to 18.03.2011. The relevant observations reads as under:-
13. In view of the above discussion, this Original Application is allowed. Impugned notice dated 16.07.2010 (Annexure A-1) is quashed and set aside. The respondents are directed not to make any recovery of FSC already paid to the applicants and take further action to make payment of FSC for the entire period from 14.12.2001 to 18.03.2003 instead of restricting it upto 19.12.2002 only and pay the arrears of the allowance to the applicants within a period of four months from the date of receipt of a copy of this order. No costs.
6. The learned counsel for the applicants states at the bar that the order dated 13.07.2011 has not been upset by the Honble High Court.
7. In view of the above, once the same controversy has already been settled by a Coordinate Bench of this Tribunal in OA.No.604/PB/2010 dated 13.07.2011, therefore, the instant Original Applications are allowed in same terms. No costs.
(SANJEEV KAUSHIK) JUDICIAL MEMBER Place: Chandigarh Dated: 06.01.2012.
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