Central Administrative Tribunal - Delhi
Sudhir Kumar vs M/O Defence on 8 August, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 2987/2018
M.A. No. 3317/2018
The 8th day of August, 2018
HON'BLE MR. V. AJAY KUMAR, MEMBER (J)
HON'BLE MR. A.K. BISHNOI, MEMBER (A)
1. Sudhir Kumar,
Aged 41 years,
Skilled, Group „C‟
S/o Shri Bhopal Singh,
H.No.1/29, Shardhapuri, Phase-I,
Sector-1, Kankarkhera, Merrut (UP).
2. Satyabir,
Aged 54 years,
Skilled, Group „C‟
S/o Late Shri Asha Ram,
H.No.143, Ashok Nagar,
Sardana Road, Nanglatasi,
Kankarkhera, Merrut (UP).
3. Bhupender,
Aged 41 years,
Skilled, Group „C‟
S/o Late Shri Kishan Lal,
H.No.108, Gali No.2, Shivlokpuri,
Kankarkhera, Merrut (UP).
4. Anita,
Aged 34 years,
Skilled, Group „C‟
W/o Shri Bhupender,
H.No.108, Gali No.2, Shivlokpuri,
Kankarkhera, Merrut (UP). .. Applicants
(By Advocate: Shri Virender Singh Kadian)
Versus
1. Union of India through
Secretary,
Ministry of Defence,
South Block,
New Delhi.
2
OA 2987/2018
2. Director General of EME (Civilian),
MGO‟s Branch, IHQ of MoD (Army),
DHQ PO, New Delhi-110011.
3. Commander,
Headquarters Base Workshop Group EME,
PIN-900468 C/o 56 APO.
4. Commandant,
510 Army Base Workshop,
PIN-900468 C/o 56 APO. .. Respondents
(By Advocate : Shri Hanu Bhaskar)
ORDER (ORAL)
By Mr. V. Ajay Kumar, Member (J) Heard Shri Virender Singh Kadian, learned counsel for the applicants and Shri Hanu Bhaskar, learned counsel appeared on behalf of the respondents on receipt of advance notice.
2. MA 3317/2018 filed for joining together is also allowed.
3. The applicants, who are Skilled Workers under the respondents and seeking pay fixation as Highly Skilled-II, filed the O.A. seeking the following relief(s):
"(a) direct the respondents to fix the pay of the applicants in the Grade Pay of Rs.2400/- w.e.f. 12.03.2010 by placing them as HS-II as like other similarly situated persons in terms of Govt. of India, Min. of Defence vide letter No. 11(5)/2009-D (Civ-I) dated 14.06.2010. And/or
(b) direct respondents to grant consequential benefit and further fixation of the Pay accordingly after re-fixation of pay in the Grade of Rs.2400/-, arrears be paid with interest @ 12% p.a. And/or 3 OA 2987/2018
(c) any other relief which this Hon‟ble Tribunal may deem fit and proper in the facts and circumstances of the case."
4. It is submitted that the applicants made number of representations and though the same were forwarded to the Headquarters Base Workshop through the 3rd respondent for appropriate clarification, however, no final orders have been passed by the respondents on their representations till date.
5. In the circumstances, the O.A. is disposed of at the admission stage itself, without going into the merits of the case, by directing the respondents to take a final view on the claim of the applicants and to pass appropriate reasoned and speaking orders thereon, in accordance with law, within 90 days from the date of receipt of a certified copy of this order. However, it is made clear that this order shall not be construed that the applicants are exempted from any of the provisions of law, including limitation and jurisdiction etc. No order as to costs.
Let a copy of the O.A. be enclosed to this order.
(A.K. BISHNOI) (V. AJAY KUMAR) Member (A) Member (J) /Jyoti /