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Central Administrative Tribunal - Ernakulam

Sumam K S vs Sree Chitra Tirunal Institute For ... on 7 February, 2019

                                      1                                 OA 17/16

                     Central Administrative Tribunal
                           Ernakulam Bench

                            OA/180/00017/2016

                 Thursday, this the 7th day of February, 2019.

CORAM
Hon'ble Mr.E.K.Bharat Bhushan, Administrative Member
Hon'ble Mr.Ashish Kalia, Judicial Member

1.   Suman K.S.,
     Retired Office Superintendent B,
     Employee Code No. 96
     Sree Chitra Tirunal Institute for Medical Sciences & Technology,
     Medical College P.O., Thiruvananthapuram-695 011.
     Residing at Makam, KSRA 45, Near Police Station,
     Attingal, Thiruvananthapuram-695 101.

2.   Syamala Devi B.,
     Retired Office Superintendent B,
     Employee Code No. 392
     Sree Chitra Tirunal Institute for Medical Sciences & Technology,
     Medical College P.O., Thiruvananthapuram-695 011.
     Residing at Lakshmi Bhavan, T.C.3/1251(2)
     KPRA 241, Kaipally Lane, TKD Road, Pattom,
     Thiruvananthapuram-695 011.

3.   Ammukutty K.,
     Retired Assistant A,
     Employee Code No. 716
     Sree Chitra Tirunal Institute for Medical Sciences & Technology,
     Medical College P.O., Thiruvananthapuram-695 011.
     Residing at Sreepadom, TRA 61, Thamarabhagam,
     Kumarapuram, Medical College P.O.
     Thiruvananthapuram-695 011.

4.   Mary P.P.,
     Retired Assistant A,
     Employee Code No. 80,
     Sree Chitra Tirunal Institute for Medical Sciences & Technology,
     Medical College P.O., Thiruvananthapuram-695 011.
     Residng at Karthika, KNRA 97, Moolavilakam,
     Pangapara P.O., Thiruvananthapuram-695 581.                   Applicants

[Advocate: Mr. Vishnu S.Chempazhanthiyil]
                                         2                              OA 17/16

                                     versus

1.     Sree Chitra Tirunal Institute for Medical
       Sciences & Technology, represented by its Director
       Medical College P.O.,
       Thiruvananthapuram-695 011.

2.     Governing Body of Sree Chitra Tirunal Institute
       for Medical Sciences & Technology,
       represented by its Chairman
       Medical College P.O.,
       Thiruvananthapuram-695 011.

3.     Union of India represented by its Secretary
       Department of Science & Technology
       Govt of India, New Mehrauli Road
       Technology Bhavan, New Delhi-110 016.                       Respondents

Advocates:
[Mr.T.R.Ravi for R1 & 2]
[Mr.T.C.Krishna, Sr.PCGC for R3]

       The OA having been heard on 7th February, 2019, this Tribunal delivered
the following order on the same day:

                                O R D E R (oral)

By E.K.Bharat Bhushan, Administrative Member The applicants are employees of Sree Chitra Tirunal Institute for Medical Sciences & Technology (SCTIMST) who retired in 2011/2012. In pursuance to the implementation of the 6th CPC, a Committee for rectifying anomalies and grievances regarding the fixation of pay was appointed by the respondent organization under the nomenclature 'Pay Structure Review Committee. The Committee's report was submitted in May, 2011. However, due to various reasons, the orders relating to the recommendations of the Committee were issued only on 24.08.2012 (Annexure A3). The grievance of the applicants is that a ladder promotion proposed by the Committee and accepted by the Governing Body, at the interval of 7 years, has been denied to them. The 3 OA 17/16 applicants would have been eligible for the said benefit if orders were issued with effect from the date of submission of the report which was subsequently adopted by the Governing Body. They have represented their case as per Annexure A6 representation.

2. This Tribunal is of the view that ends of justice would be met if respondents 1 & 2 are directed take an informed decision on the said representation after giving a personal hearing to the applicants. Final orders regarding the claim put forward by the applicants may be issued within three months from the receipt of copy of this order. We are not expressing any view regarding the merit or otherwise of the claim of the applicants. OA stands disposed of.

(Ashish Kalia)                                        (E.K.Bharat Bhushan)
Judicial Member                                      Administrative Member
aa.
                                         4                                OA 17/16

Annexures filed by the applicants:

Annexure A1:       Copy of the order No.P&A.I/X/24/SCTIMST/2008 dated
                   25.11.2008 issued by the 1st respondent.
Annexure A2:       Report of the Pay Structure Review Committee dated May, 2011
                   (relevant portion).
Annexure A3:       Copy of the order No.P&A.I/X/21/SCTIMST/2012 dated
                   24.8.2012 issued by the 1st respondent.
Annexure A4:        Copy of representation dated 25.12.2012 to the 1st respondent.
Annexure A5:       Copy of the order No.P&A.I/X/34/SCTIMST/2013 dated

15.7.2013 issued by the 1st respondent (relevant portion). Annexure A6: Copy of representation dated 25.11.2014 submitted by the 1st applicant.

Annexure A6(a): Copy of representation dated 25.11.2014 submitted by the 2 nd applicant.

Annexure A6(b): Copy of representation dated 26.11.2014 submitted by the 3 rd applicant.

Annexure A6(c): Copy of representation dated 26.11.2014 submitted by the 4th applicant.