Central Administrative Tribunal - Chandigarh
Satpal Singh I.D.A.S vs Union Of India on 18 April, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL,
CHANDIGARH BENCH
O.A.No.34-HR-2012 Decided on : 18.04.2013
CORAM : HONBLE MR. JUSTICE S.D. ANAND, MEMBER (J)
HONBLE MR. RANBIR SINGH, MEMBER (A)
1. Satpal Singh I.D.A.S., Assistant Controller of Defence Accounts/Retd) S/o Shri Faqir Chand, aged 61 years, R/o # No. 874, Sector 9, Panchkula (Retired from PCDA(WC) Chandigarh).
2. Harjeet Singh Sodhi, IDAS, ACDA (Retd), R/o # No. 613, Sector 48-A, Chandigarh (Retired from PCDA(WC), Chandigarh).
3. Mahendra Kumar Malik, Senior Accounts Officer (Retd), Account No. 8308890, R/o # No. 1922, Phase V, Sector 59, SAS Nagar Mohali (Retired from PCDA(WC), Chandigarh).
4. Om Prakash Saxena, Accounts Officer (Retd), Account No. 8300144, R/o # No. 1187, Sector 49-B, Pushpac Complex, Chandigarh (Retired from PCDA(WC), Chandigarh).
5. Harkirat Singh Bhatti, IDAS, ACDA (Retd), R/o # No. 1402, Sector 35-B, Chandigarh (Retired from Joint CDA, Boarder Road, Chandigarh).
6. Sushil Kumar Manchanda (AO Retd), Account No. 8304713, R/o # No. 2177, Sector 66, Mohali (Retired from A.O. 38 BRTF, C/o 56 APO)
7. Satyapal Devgan, AO (Retd), Account No. 8295973, House No. 860, Sector 11, Panchkula(Retired from PCDA(WC), Chandigarh).
8. Balbir Singh, IDAS, ACDA (Retd), R/o Vill. & P.O. Rattangarh, Via Marinda, Tehsil Chamkaur Sahib, Distt. Ropar (Pb) (Retired from PCDA(WC), Chandigarh).
9. M. C. Arya, SAO(Retd.), Account No. 8306484, R/o # No. 210, Swatik Vihar, Patiala Road, Zirakpur, Distt. Mohali (Pb) (Retired from PCDA(WC), Chandigarh).
10. S.K. Sharma, SAO (Retd), Account No. 8312209, R/o # No. 245, Sector 8, Panchkula (Retired from OCF, Chandigarh).
11. Joginder Singh, AO (Retd), Account No. 8301924, R/o # No. 741, Sector 10, Panchkula (Retired from PCDA(WC), Chandigarh).
12. Agya Ram Manocha, SAO (Retd.), Account No. 8301695, R/o # No. 3107/3, Sector 44-D, Chandigarh (Retired from PCDA(WC), Chandigarh).
13. Dharminder Dutt, IDAS, ACDA, O/o PCDA (WC) Sector 9, Chandigarh.
14. R.P. Mittal, IDAS, PCDA (WC), O/o PCDA (WC), Sector 9, Chandigarh.
15. Darshan Lal, IDAS, ACDA (Retd), R/o # No. 158, Anand Nagar, Kharar, Distt. Mohali (Retired from PCDA(WC), Chandigarh).
16. Sunil Chopra, SAO (Retd), Account No. 8312322, R/o # No. 220, Sector 44-A, Chandigarh(Retired from CDA (Funds) Meerut).
17. R.S. Seraik, IDAS, ACDA, O/o DPDO, Shimla(HP) under CDA (PD) Meerut.
18. Hans Raj Sharma, IDAS, Dy IFA, O/o IFA, ARTRAC, Shimla under PCDA(WC), Chandigarh.
19.P.K. Saraswati, IDAS, ACDA, O/o PCDA (WC), Sector 9, Chandigarh.
20. D.S. Chawla, AO (Retd), Account No. 8293785, R/o # No. 197/1, Sector 44-A, Chandigarh (Retired from PCDA(WC), Chandigarh).
21. Vakil Singh, SAO, Account No. 8312359, O/o PCDA (WC), Sector 9, Chandigarh.
22.B.L. Hansla, AO (Retd.), Account No.8301637, R/o # No. 469-B, Sector 61, Chandigarh (Retired from PCDA (WC), Sector 9, Chandigarh).
23.S.S. Jhamb, Asstt. Accounts Officer (Retd), Account No. 8285427, R/o # No. 2681, Phase-XI, Mohali (Retired from PCDA (WC), Sector 9, Chandigarh).
24.A.C. Nayar, AO (Retd), Account No. 8288144, R/o # No. 613, Sector 48-A, Chandigarh (Retired from PCDA (Air Force), New Delhi)
25.K.D. Sharma, AO (Retd), Account No. 8307839, R/o # No. 413-D, Subhash Colony, Karnal (Haryana) (Retired from PCDA , Air Force, New Delhi).
26. Tilak Raj, AO (Retd), Account No. 8315224, R/o V. & P.O. Badyal Brahamana, Tehsil R.S. Pura, Distt. Jammu (Retired from PCDA(NC) Jammu).
27. Suman Kumar, Sr. AO (Retd), Account No. 8307844, R/o # No. 605-A, Gandhi Nagar, Laxmi Narayan Mandir, Jammu (Retired from DPDO Jammu under CDA(PD), Meerut).
28.Rattan Lal Sharma, AO (Retd), Account No. 8301849, R/o # No. 1/57, Sant Nagar, Janipur, Jammu (Retired from PCDA (NC) Jammu).
29. Kanwar Jit Kapoor, SAO (Retd), Account No. 8315068, R/o # No. 31-A Bakshinagar, Jammu (Retired from PCDA(NC), Jammu).
30. A.K. Goindi, SAO (Retd), Account No. 8301770, R/o # No. 2/1-C, East Extension, Trikuta Nagar, Jammu (Retired from PCDA(NC), Jammu).
31. Manjeet Singh, SAO(Retd), Account No. 8307981, R/o # No. 38-C, Karan Nagar, Jammu (Retired from DPDO, Jammu under CDA(PD), Meerut).
32. C.M. Bhasin, SAO (Retd), Account No. 8308023, R/o # No. 684-A, Gandhi Nagar, Jammu (Retired from 31 BRTF under CDA (Border Road), New Delhi).
33. V.P. Kochhar, AO (Retd), Account No. 8301884, R/o # No. 61, Sector 1-A, East Ex. Trikuta Nagar, Jammu, (Retired from PCDA (NC), Jammu)
34. Ramesh Kumar, SAO (Retd), Account No. 8315066, R/o # No. 94, Lane No. 6, Butta Nagar, Paloura, Jammu (Retired from LAO (A), Jammu under PCDA(NC), Jammu).
35. Ravi Bakshi, IDAS, ACDA (Retd), Account No. 8307984, R/o # No. 103-A, Sector Durga Nagar, T.Tillo Bhori, Jammu (Retired from PCDA(NC), Jammu).
36. M.K. Raina, SAO (Retd), Account No. 8308047, R/o # No. 21/2A/Durga Nagar, Sector 2, PO Roop Nagar, Jammu (Retired from LAO (B), Jammu under PCDA (WC), Chandigarh).
37. Rameshwar Singh, SAO (Retd), Account No. 8301870, R/o # No. 221/A, Extension Housing Colony, Janipur, Jammu (Retired from LAO (CSD) Jammu under CDA(CSD), Mumbai).
38. P.S. Sason, SAO (Retd), Account No. 8301846, R/o # No. 116, T.Nagar, Extn-3, Vasant Vihar, Jammu (Retired from LAO (AF) Jammu under PCDA (Air Force), Dehradun).
39. Dev Raj Sharma, IDAS, ACDA (Retd), R/o # No. 503, Lane 4, Rani Talab Digiana, Jammu-10 (Retired from PCDA(Boarder Road), New Delhi).
40. Kul Bir Singh, SAO (Retd), Account No. 8301801, R/o # No. 78, Lane No. 4, Arjun Vihar, Kunjwani, Jammu (Retired from PCDA(NC), Jammu).
41. R.K. Tickoo, IDAS, ACDA (Retd), R/o # No. 30, Subash Nagar, Extn.I (Near Top Govt. Qtrs), P.O. Janipur, Jammu (Retired from PCDA(NC), Jammu).
42. C.L. Raina, SAO (Retd), Account No. 8308055, Q. No. 401-C, DAD Complex, PCDA(NC) Jammu (Retired from PCDA(NC), Jammu).\
43. H.L. Raina, SAO (Retd), Account No. 8301994, R/o # No. 52, Apnavihar Extn., P.O. Ganggal Kunjwani, Jammu (Retired from PCDA (Air Force), Dehradun).
44. S.K. Kotru, IDAS, ACDA, O/o IFA (Army Q), Sena Bhawan, New Delhi under PCDA G Block, New Delhi (Resident of Ward No. 2, Indra Nagar, Udhampur (J&K).
45. A.K. Kaul, SAO (Retd), Account No. 8301978, R/o # No. 50, Lane-2, Adarsh Nagar, Bantalab, Jammu Tawi (Retired from CGDA, New Delhi).
46. S. J. Raina, IDAS, ACDA (Retd), R/o # 1165-A, Sector 41-B, Chandigarh (Retired from PCDA, R&D, New Delhi).
47. B. R. Awasthi, SAO (Retd), Account No. 8301827, R/o # No. 873-A, Sector 2, Panchkula (Retired from DPDO, Pathankot under CDA(PD), Meerut).
48. S.K. Kansra, SAO, Account No. 8312560, O/o LAO (A), Jalandhar Cantt under PCDA(WC), Chandigarh.
49. Hira Lal Kumar, SAO (Retd), Account No. 8298970, R/o # No. 1716, Mohalla Bhan Bhara, Dayalpur Gate, Kartarpur, Distt. Jalandhar (Pb), (Retired from LAO (A), Jalandhar under PCDA (WC), Sector 9, Chandigarh)
50. Parveen Kumar Sareen, SAO, Account No. 8308007, O/o IFA, HQ 11 Corps, under PCDA (WC), Sector 9, Chandigarh.
51. S.S. Kaushal, SAO (Retd), Account No. 8307919, R/o # No. 178, Nizatam Nagar, Near Basti Nau, Jalandhar City. (Retired from LAO 223, ABOD, Suranussi, under PCDA (WC), Sector 9, Chandigarh).
52. Raj Kumar, AO (Retd), Account No. 8308080, R/o # No. 18-A, New Defence Colony, Deep Nagar, Jalandhar Cantt (Retired from AAO, MES, Itarsi, under CDA Jabalpur).
53. Wazir Chand Sharma, AAO (Retd), Account No. 8286521, R/o # No. 5274-B, Sector 38 (West), Chandigarh (Retired from PCDA (WC), Sector 9, Chandigarh).
54. Surinder Singh, IDAS, ACDA, O/o AO (P) Himmanck, C/o 56 APO under PCDA (Board Road, New Delhi).
55. Vijay Pal Singh, Sr. AO (Retd), Account No. 8300267, R/o # No. 46 Sharma Estate, Zirakpur, Mohali(Pb), (Retired from IO Cell (PD), Chandigarh under CDA(PD), Meerut).
56. Surinder Singh, SAO (Retd), Account No. 8304142, R/o # No. 106, Deep Nagar, Jalandhar Cantt), (Retired from ZO, Jalandhar under PCDA (WC), Sector 9, Chandigarh)
57. S.K. Sawhney, SAO (Retd.), Account No. 8311466, C/o Shri R.S. Mahajan, Flat No. 3435, Sector 46-C, Chandigarh (Retired from CDA (Army), Meerut Cantt).
Applicants
Versus
1. Union of India, through Secretary Ministry of Defence, South Block, New Delhi 110011
2. Controller General of Defence Accounts, Ulan Batar Road, Palam, Delhi Cantt-110010.
3. Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad 211014.
Respondents
Present: Mr. D.R. Sharma, Counsel for the applicants.
Mr. Ashwani Kumar Sharma, Counsel for the respondents.
ORDER (ORAL)
(HONBLE MR. JUSTICE S.D. ANAND, JM)
1. It is apparent from a perusal of the counter filed by the respondents that the grievance raised by the applicants/retirees had been referred to the Anomaly Committee. The relevant averment appears in the course of para No. 1 (On Merits) of the counter. For facility of reference, the averment is extracted hereunder:-
Headquarters Office i.e. office of the CGDA, New Delhi, vide their letter dated 29.7.2010 (Annexure A-7) intimated that the matter has already been taken up by the Defence Accounts Pensioners Association with the anomaly Committee and the decision of the same is still awaited.
2. The learned counsel for the applicant has correctly pointed out that the Anomaly Committee has washed its hands off the whole affair by observing that the referred matter is not within the jurisdictional contours of the committee. The view obtained by the Committee is noticed under Item No. 28 of the Documentation, Annexure A-14. The observation made by the Anomaly Committee is extracted hereunder :-
The Chairperson stated that as the matter pertains to Group B employees who are not covered under the JCM Scheme, this item does not fall within the purview of the NAC. She, however, directed Joint Secretary (Pers.), Department of Expenditure and Joint Secretary (Estt.) Department of Personnel & Training to discuss this issue with the members of the Staff Side.
3. There can, thus, be no escape from the culled out conclusion that the matter is back in court of the governmental dispensation for a view in the matter.
4. It is the un-controverted position during the course of hearing that no view has been taken in the matter afresh after recording of the observations by the Anomaly Committee (extraction whereof appears in para 2 of this order).
5. In order to cement the claim, the learned counsel appearing on behalf of the applicants invites our attention to documentation, dated 29.1.2008 and 19.9.2008 respectively. These two documentations are part of Annexure A-20. Reliance, in the context, is also placed upon OM dated 10.3.2010, issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions, DoPT, CS I Division, New Delhi and U.O. No.17-Staff/Aptt/373-2012 dated 10.1.2013 issued by CAG, New Delhi, which have been presented today and shall be marked as Annexure XX and YY. The learned counsel is factually correct when he argues that these communications are fully supportive of the plea raised by the plaintiffs herein.
6. The above facts notwithstanding, we do have reservations about our jurisdictional competence to grant a direction in such like matters which pertain to the fixture of pay as also the grade pay. We are so impelled to observe in the light of the view obtained by the Honble Apex Court in the case of Union of India Vs. P.V. Hariharan, JT 1997 (3) SC 569 and M.P. Oil Extraction and Another Vs. State of M.P. & Others, (1997) 7 SCC 592.
7. The impediment on the exercise of jurisdiction by the Tribunal notwithstanding, the respondents cannot wish away their responsibility to take a view in the matter and to announce it to the relevant segment of the employees, who in this case, happen to be hapless retirees. The view announced would, obviously, indicate the mind of the competent authority. As already noticed, the competent authority has not announced any view in the matter which it is obliged to do after the aforementioned observation made by the anomaly committee (extracted in para 2 of this order).
8. The non announcement of the view disables an applicant from taking recourse to whatever remedy may be available to him on judicial side or otherwise. It would, thus, be in the fitness of things if the Competent Authority takes a view in the context within a reasonable time-frame and announces it view to the applicants and the likes of them.
9. We, accordingly, deem it just and appropriate to dispose of this O.A. with grant of a direction to the competent authority to take a view in the matter within two months from the date a copy of this order is presented in its office. The out come of the deliberation ought to ideally notice the fact and effect of the communications dated 29.1.2008, 19.9.2008, 10.3.2010 and 10.1.2013. The Competent Authority may also consider the feasibility of affording an opportunity of a hearing to the applicants.
10. Disposed of accordingly.
(JUSTICE S.D. ANAND) MEMBER (J) (RANBIR SINGH) MEMBER(A) Place: Chandigarh Dated: 18.04.2013 HC*