Central Administrative Tribunal - Delhi
New Delhi vs Union Of India & Ors. Through on 22 May, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA No.1789 of 2014 MA No.1541 of 2014 New Delhi, this the 22nd day of May, 2014 HONBLE SHRI G. GEORGE PARACKEN, MEMBER (J) HONBLE SHRI SHEKHAR AGARWAL, MEMBER (A) Ram Narayan Soni ,FA (Fire Fighting, aged 52 years S/o Late Shri Badri Prasad Soni Posted at O/o Commandant SSB,CSD,Bhopal Resident of 41 Kailash Nagar, Semra Kalan P.o Chandbad Bhopal (MP) Sharan Dass FA (Fire Fighting, aged 50 years S/o Late Shri Sanku Ram Posted at O/o Commandant SSB,CSD,Bhopal Resendent of 70 Ankit Parisar, Nayapura Kolar Road Bhopal (MP) Harihar Singh FA (Fire Fighting, aged 48 years S/0 Shri Hardev Singh Posted at O/o Commandant SSB,CSD,Bhopal Resendent of 2/21 CSD Colony, Bhadbhada Road, P.o T.T. Nagar, Bhopal (MP) Devi Sharan Sharma FA (Fire Fighting, aged 45 years S/o Late Shri Ram Kishan Sharma Posted at O/o Commandant SSB, CSD, Bhopal Resendent of 2/26,CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) Harpal FA (Fire Fighting, aged 43 years S/o Shri Ranjeet Singh, Posted at O/o Commandant SSB, CSD, Bhopal Resedent of 2/20 ,CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) Pradeep Kumar Yadav, FA (Fire Fighting, aged 41 years S/o Shri Ram Nayan Yadav Posted at O/o Commandant SSB, CSD, Bhopal Resendent of 2/18 CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) Digamber Singh Tomar FA (Fire Fighting, aged 42 years S/o Late Shri Sarder Singh Tomar Posted at O/o Commandant SSB, CSD, Bhopal Resendent of LIG-10 Saraswati Nagar,Jawahar Chock, P.O, T.T Nagar Bhopal (MP) Deenanath Deshbhratar FA (Fire Fighting, aged 46 years S/o Shri Ganeshrao Deshbhratar Posted at O/o Commandant SSB, CSD, Bhopal Resendent of 1/15 CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) Rajesh Kumar FA (Fire Fighting, aged 36 years S/o Late Shri Amrit Lal Posted at O/o Commandant SSB, CSD, Bhopal Resedent of 2/2, CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) Shri Bhagwan , FA (Fire Fighting, aged 39 years S/o Late Shri Bharat Singh Posted at O/o Commandant SSB, CSD, Bhopal Resident of 2/12, CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) A.K. Tiwari FA (Fire Fighting, aged 37 years S/o Shri Rama Sankar Tiwari Posted at SHQ,SSB,Fertilizer Gorakpur (UP) Resedent of P.O. Fertilizer Distt. Gorakpur (UP) Sunil; Kumar FA (Fire Fighting, aged 35 years S/o Shri Ranbir Singh, Posted at O/o Commandant SSB, CSD, Bhopal Resident of 2/5, CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) Ashok Kumar FA, Driver (,Fire Fighting, aged 50 years S/o Shri Randhir Baru Posted at O/o Commandant SSB, CSD, Bhopal Resident of 2/17, CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) Surender Kumar, FA, Driver (Fire Fighting, aged 41 years S/o Shri Jagan Nath Posted at O/o Commandant SSB, CSD, Bhopal Resedent of 2/22, CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) Kishan Kumar Nema , FA (Painter) , aged 46 years S/o Late Shri Ram Gopal Nema Posted at O/o Commandant SSB, CSD, Bhopal Resedent of 25th BN,SSB,Ghitorni P.O. Ghitorni New Delhi. Om Prakash, FA (Electrician) , aged 48 years S/o Shri Sansar Chand Posted at O/o Commandant SSB, CSD, Bhopal Resident of 2/13, CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) Susheel Kumar, aged 50 years S/o Late Shri Yad Ram Singh Posted at O/o Commandant SSB, CSD, Bhopal Resedent of 2/14, CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) 18. Eknath Gedkar SFA(Blacksmith) , aged 44 years S/o Late Shri Narayan Gedkar Posted at O/o Commandant SSB, CSD, Bhopal Resednt of 2/9, CSD Colony Bhadbhada Road P.o T.T Nagar Bhopal (MP) 19. Smt. Sunita Singha d/o Shri S. Pakachand Singha, aged about 40 years, r/o village Bahadur Gram, P.O. Gossaipur, District Cachar Pin Code-788030 (Assam) Posted at FA(Lady) FTR Hqrs SSB Guwahati 20. Smt. E. Ibeni Devi d/o E. Lukin Singh, aged about 40 years r/o village Uripok Khumanthem Leikai, PO + PS Imphal West, District Imphal West, Pin code- 795001 (Manipur) Posted at SFA (WI) FTR Hqrs SSB Guwahati 21. Smt. S. Sanatombi Devi, d/o Late S. Madhumangol Singh, aged about 41 years r/o village Khurai Ningthoubung Leikai Tinsit Road, PO + PS Porompat, District Imphal East, Pin code-795005 (Manipur) Posted at SFA (WI) FTR Hqrs SSB Guwahati 22. Smt. Charu Rajkumari Thongchi, d/o Shri Wangren Rajkumar, aged about 50 years r/o village Jigoan, PO+PS Rupa, District West Kameng, Pin Code 790003 Arunachal Pradesh Posted at AFO (WI) AO Bomdila P.O. + P.S. Bomdila, District-West Kameng Arunachal Pradesh 23. Smt. Pijumoni Bhuyan, d/o Shri Khageswar Bhuyan, aged about 39 years r/o village Bisnath Dagoan, PO Bisnath Chariali, District Sonitpur, Pin Code 784176 (Assam) Posted at FA(Lady) SHQ SSB Bongaigaon 24. Smt. Minakshi Deka, d/o Shri Soneswar Phukan aged about 38 years r/o Santipur Ward No.4, P.O. Mangoldoi, District Darrang, Pin Code 784125 (Assam) Posted at SFA (WM) FTR Hqrs SSB Guwahati 25. Mrs. Renua Bhagawati Saha d/o Late Tankeswar Bhagawati aged about 49 years r/o village Debendra Nagar (Borghat, PO Khalihamari, District Sonitpur State-Assam (Pin No. 784026) Posted at AFO (WI) DIG SHQ Tezpur, PO Tezpur, District Sonipur (Assam) 26. Mrs. Karpe Ngomdir, d/o Late Likar Bomjen aged about 52 years r/o village Ngomdir PO+PS Aalong, District West Siang, Arunachal Pradesh, Pin No. 791001 Posted at AFO (WI) DIG SHQ Tezpur PO Tezpur, District Sonipur (Assam) 27. Mrs. Shakuntala, d/o Sh. Rudra Bahadur, aged about 48 years r/o village Anubhav Nest Kadan Gach, PO-Champasari, District Darjeeling (WB), Pin No. 734003 Posted at AFO (WI) DIG SHQ Tezpur PO- Tezpur, District Sonipur (Assam) 28. Mrs. Ursila Aind, d/o Sh. Daniel Aind, aged about 48 years r/o village Ratanjuli, PO Dhekiajuli, District Sonitpur, State Assam Posted at FA(L) DIG SHQ Tezpur PO Tezpur, District Sonipur (Assam) 29. Ms. Dipamoni Hazarika, d/o Late Nandeswar Hazarika, aged about 44 years r/o village Mazgaon, PO Bakola, District Sonitpur, State Assam, Pin No.784181 Posted at FA(L) DIG SHQ Tezpur PO Tezpur, District Sonipur (Assam) 30. Mrs. Mithu Sen, d/o Late Amula Kr. Sen, aged about 46 years r/o c/o U.K. Das, Plot No. 8, Umpling, Shillong-6, Meghalaya, Posted at FA(L) AO Kokrajhar (Adabari), PO Choraikhola, PS + Distt. Kokrajhar (Assam), Pin No. 783376 31. Mrs. Pema Lamu Narzary, d/o Late Langa Megeji, aged about 49 years r/o village Choto Garjan, PO Binya Khata, P.S. Gossaigaon, District Kokrajhar (Assam), Pin No. 783336 Posted at AFO (WI) AO Kokrajhar (Adabari), PO Choraikhola, PS + Distt Kokrajhar (Assam), Pin No. 783376 32. Smt. S. Chanu Tanoubi d/o Shri S. Gouro Meitei, aged about 48 years r/o Sega Road Thouda Bhabol Leikai PO- Imphal, District Imphal West, Pin Code 795001 (Manipur) Posted at FA(L) AO Udalguri Near Lalgodown, PO+PS+ Distt. Udalguri BTAD (Assam) 33. Smt. Kalpana Sinha, d/o Late devchandra Sinha, aged about 51 years r/o village /PO Bekirpar, District Cachar (Assam) Pin No. 788123 Posted at AFO(WI) AO Rangia, Garkar Dipteswari Temple Road, PO- 34. Eti Roy Barman, w/o Amitav Roy, d/o Anada Roy Barman, aged about 39 years r/o Village and Post Office Giatia Bari, PS Dinhata, District Cooch Behar, West Bengal Posted at FA/LADY Area Organizer, SSB Darjeeling 35. Jyotsna Barman, w/o Jagat Ch. Barman, d/o Late Narendra Nath Roy, aged about 52 years r/o village Baramahan Singh Jote, Indira Pally, Shivmandir, PO Kadamtala, District Darjeeling, WB, Pin 734011 Posted at FA/LADY SHQ, SSB Ranidanga 36. Kamlesh Kumari w/o Sh. Deepak Sharma, aged about 41 years, r/o 241, Mehndi Mohalla, Kankerkhera, Meerut Posted at SFA (WI) O/o North Block, New Delhi 37. Rupeswari Barman, w/o Paresh Ch. Barman, d/o Upendra Nath Barman, aged about 41 years r/o village + PO Singhimari Madnakura, PS Dinhata, District Coochbehar, WB, Posted at FA/LADY SHQ, SSB Ranidanga 38. Kalpana Rai d/o Chandra Bahadur Rai, aged about 45 years r/o village Pabond, PO Sinjee, PS Kalimpong, District Darjeeling, WB, Pin 734301 Posted at SFA/WI SHQ, SSB Ranidanga 39. Vijay Laxmi w/o Sh. Ram Gopal Thakur, aged about 40 years, r/o village Kimti P.O. Jathia, Devi Tehsil and District Shimla (H.P.) posted at SFA(WI) SHQ SSB, R.K. Puram, New Delhi 40. Aparna Roy Chawdhury, w/o Asim Roy Chawdhury, d/o Sri Fulendra Nath Roy, aged about 46 years r/o village Baruapara, PO Kadobarihat, District Jalpaiguri, WB, Posted at SFA/WM SHQ, SSB Ranidanga 41. Chhabi Paul w/o Nishi Kanta Paul d/o Late Ram Kanta Paul, aged about 57 years r/o village Abuarpathar, PO Shivpur, PS Shitalkuchi, District Coochbehar, WB Posted at AFO/WO SHQ, SSB Ranidanga 42. Basanti Sarkar w/o Ashok Sarkar d/o Late Gelohari Barman, aged about 47 years r/o village + PO Andaran Fulbari (West), PS Tufanganj, District Coochbehar, WB Posted at SFA/WI SHQ, SSB Purnia 43. Rajashree Barma Adhikary w/o Puspajit Adhikary d/o Late Ramkumar Barma, aged about 42 years r/o village Madhya Daukimari, PO Daukimari, PS Dhupguri, District Jalpaiguri, WB Posted at SFA/WI SHQ, SSB Panga N/Jalpaiguri 44. Indrani Saha w/o Subrata Saha d/o Pran Bihari Saha aged about 44 years r/o village + PO Ranidanga, District Darjeeling, WB Posted at SFA/WI FTR Hqr Siliguri 45. Bibha Dutta, w/o Samir Dutta d/o Lt. Jatindra Nath Singha Sarkar, aged about 44 years r/o village New Sovaganj, PO Alipurduar, District Jalpaiguri, WB Posted at SFA/WM FTR Hqr Siliguri 46. Geetika Sharma w/o Jahar Sharma, d/o Late Ganesh Ch. Goswami aged about 48 years r/o village Sonai Mukh, PO Sinai, District Cachar, Assam Posted at FA/LADY AO SSB Falakata 47. Mala Das w/o Tapas Karmakar d/o Jagadish Chandra Das, aged about 43 years r/o village 8 Deshbandhu Nagar, PS + Dist. Jalpaiguri, WB, Pin 735101 Posted at SFA/WI SHQ, SSB Panga N/Jalpaiguri 48. Parbati Basu w/o Sanjay Basu d/o Kalu Pradhan, aged about 49 years r/o village Odlabari Subash Pally, PO Manabari, Dist. Jalpaiguri, WB Posted at AFO/WI SHQ,SSB Gangtok 49. Shyama Dhar, w/o Shyamal Kanti Dhar, d/o Late Panchanan Chowdhury, aged about 46 years r/o village + PO Phulia Colony, PS Shantipur, District Nadia, WB Pin 741402 Posted at SFA/WI ATC SSB Ranidanga 50. Leela Negi w/o Shri Sunil Negi, aged about 43 years, r/o Mandir Marg Gopeshwar, P.O. Gooseberry, Dist. Chamali (Uttarakhand) Posted at SFA (WI) Director SSB, Academy Srinagar Garhwal (UK) 51. Sunita Rawat w/o Devender Singh Rawat, aged about 41 years, r/o village Dharam N. Near G.G.K. Pauri Garhwal District Pauri Garhwal (U.K.) Posted at SFA (WI) Director SSB, Academy Srinagar, Garhwal (U.K.) 52. Rekha Uniyal, w/o Sh. Gopal Dutt, aged about 40 years, r/o village Gumaniwala P.O. Amitgoram, District Dehradun (Uttarakhand) Posted at SFA (WI) Director SSB, Academy Srinagar (Uttarakhand) 53. Dashrathi Dariyal, w/o Sh. Surendra Singh Dariyal, aged about 44 years, r/o village Dar P.O. Dar Tehsil Dhar Chulla District Pithoragarh (U.K.) Posted at FA(L) Area office SSB, Bhatkate Pithoragarh (UK) 54. Laxmi Rawat, w/o Sh. Shiv Dayal Singh Rawat, aged about 47 years, r/o 118 Lodhi Road, Complex Near Sai Mandir-100003 Posted at FA(L) FHQ, SSB East Block V, R.K. Puram. 55. Sunita Sharma, w/o Shri K.N. Sharma, aged about 43 years, r/o D-1/11, Rail Vihar, Indirapuram, Ghaziabad (U.P.) Posted at SFA (WI) FHQ, SSB, R.K. Puram, New Delhi 56. Amita Pujari, w/o Sh. Tara Dutt Pujari, aged about 41 years, r/o village Ganiadoli P.O. Ganiadoli, Ranikhet, District Almora (U.K.) Posted as SFA (WI), I.B. Hqrs, 35-Suit Property Marg, New Delhi 57. Neeta Sabu, w/o Sabu Scariachen aged about 46 years, r/o Thattamparampil, Pullurampara P.O. via Tiruvam Padi, Calicut Posted at FA (LADY) O/o Pr. AO(Admn), 217, North Block, New Delhi 58. Ekta Das, d/o Lt. Sh. V.K. Sharma, aged about 35 years, r/o village Dhand Oi, P.O. Sriharg, Ovind Pura District Gurdaspur, Punjab Posted at SFA (WM) Sri Instructor, ITS, SSB, Ghitorni, New Delhi 59. Suresh Negi, d/o Late Sh. Bhagwan Singh, aged about 46 years, r/o Village P.O. Ouni, Tehsil Kalpa, District Kananar H.P. 172108 Posted at SFA (WM) DG, SSB, FHQ, R.K. Puram, New Delhi 60. Meera Devi Sharma w/o Lt. Surender Kumar Sharma, aged about 42 years, r/o Village Depra P.O. Devla, Tehsil Sunni District Shimla (H.P.) Posted at FA(G) Comdt WT/TC SSB, Kasumpti (HP) 61. Mahendra Pratap Singh, s/o Bhagauti Singh, aged about 47 years, r/o RZF756/38, Rajnagar II Ext. Palam Colony, New Delhi-110077 Posted at SFA(G) Office of the DG. SSB East Block, V. R.K. Puram, New Delhi 62. Naresh Kumar s/o Sh. Man Singh, aged about 41 years, r/o village Daryapur P.O. Badli District Jhajjar Haryana-124105 Posted at SFA (G), FHQ, SSB, R.K. Puram, New Delhi 63. Ashok Kumar Singh s/o Sh. Raghubansh Singh, aged about 44 years, r/o village + P.O. + P.S. Goraul District Vaishaly (Bihar) Posted at SFA (G) FHQ, SSB MHA East Block, V R.K. Puram, New Delhi 64. Umesh Kumar s/o Late Sh. Baljeet Singh aged about 49 years, r/o village Shobhapur, P.O. Fazalpur district Meerut (U.P.) Posted at SFA (G), O/o the A.D. SIB Meerut (U.P.) Ganesh Nagar U.P. 250001 65. Madan Upadhyay s/o Sh. P.D. Upadhyay aged about 42 years, r/o village Dourab, P.O. Uprari, District Almora State Uttarakhand Posted at AFO (G) in SSB Academy Srinagar 66. R.C. Meena, s/o Sh. G.L. Meena, aged about 43 years, r/o V.P.O. Kasba Shahar Tehsil Nadoti, District Karoli (Rajasthan) Posted at SFA (M) SAO Office SSB, Kalak Tang (A.O. Bomdila (A.P.) 67. Mera Ruku, s/o Lt. Sh. T. Ruku aged about 46 years, r/o village Ruku., P.O. Mariganj, P.S. Mechuka District W/Siang (A.P.) Posted at SFA(V) Area office, SSB, Rangia (Assam) 68. Virendra Singh, s/o Late Sh. R.S. Pundir, aged about 45 years, r/o village Kanda P.O. Gyansu District Tehri Garhwal (U.K.) Posted at SFA (H) SAO Office SSB, Tikunia (U.P.) 69. Karuna Nedhi Tripathi s/o Sh. Ram Narayan Tripathi, aged about 41 years, r/o village Sakani, P.O. Puspabakar, District Siddharth Nagar (U.P.) Posted at FA(G) AO Officer SSB Bagha (Bihar) 70. Shamsher Singh Bhandari, s/o Late Sh. Jaman Singh, aged about 52 years, r/o village Sangsar, P.O. Basge, District Pithoragarh, (UKD) Pin-262501 Posted at AFO(G) in SSB (MHA) Ftr. Hqrs SSB Ranikhet (UKD) 71. Balvinder Singh, s/o Sh. Bhagat Ram, aged about 44 years, r/o V.P.O. Basoli District Una (H.P.) Posted at AFO(G) IB Hqrs., S.P. Marg, New Delhi 72. Satish Kumar s/o Sh. Ram Pal Singh, aged about 42 years, r/o V.P.O. Jawli, District Ghaziabad (U.P.) Posted at FA (G) SSB on deputation to I.B. Hqrs., S.P. Marg, New Delhi 73. Anil Kumar Kalmotia, s/o Sh. G.S. Kalmotia, aged about 37 years, r/o 82, Type-I, Govt. Press Colony, Mayapuri, New Delhi-110064 Posted at F.A. (G) SSB, on deputation to IB Hqrs., 35, S.P. Marg, New Delhi 74. Pritam Singh, s/o Late Sh. Keshri Singh, aged about 42 years, r/o village Manpur P.O. Barsana District Mathura (U.P.) Posted at SFA (G) office at IT&TTC, SSB Faridabad 75. Anil Kumar Sharma, s/o Late Sh. Madan Lal Sharma, aged about 41 years, r/o village Dulyana, P.O. Dhanora, District Ambala Haryana Posted at SFA (G), office at IT & TTC, SSB, Faridabad 76. V.R.S. Chauhan, s/o Shri Rewat Singh Chauhan, aged about 44 years, r/o village Khirari Khal, P.O. Khirari Khal, District Pauri Garhwal (U.K.) Posted at SFA (G) AT & TTC, SSB Faridabad (Haryana) 77. Vijendra Dubey, s/o Sh. Kapil Muni Dubey, aged about 45 years, r/o village + P.O. Karrame Pur P.S. Shahpur, District Bhojpur (Bihar) Posted at SFA (G) The Commandant SSB TC Ranidanga 78. Pinabhi Sarkar, s/o Late Subodh Kumar Sarkar, aged about 43 years, r/o 60, Sarodemi Road, Ashampura, Sihguri, Darjeeling (WB) Posted at AFO(G), ATC SSB Ranidanga 79. Sh. Samir Nandi, S/o Late Subhash Ch. Nandi, Aged about 43 years, r/o village Chack Chaka (Nilkuthi) P.O. Chack Chaka, District Cooch Bihar, W.B. Pin No. 736156 posted at SFA (G), Area Organizer, SSB, Rangia, Assam 80. Sh. Chandan Das, s/o Kali Pada Das, aged about 42 years, r/o village Panchpota, P.O. Kharuaraja Pur, District Pargnas N/Bangal-743245 Posted at FA(G) I.B. Colkata-19 on deputation 81. Shri Ranjit Kumar Ghosh, s/o Shri Dwijargj Ghosh, aged about 44 years, r/o village + P.O. Ghagra (Alipurduar Court District Jalpaigurhi) of the SIB (MHA) Thfarganj, Posted at SFA (G) P.O. Thfanganj, District Cooch Bihar 82. Shikeshab Chandra Sardar, s/o Shri Lakshman Chandra Sardar, aged about 37 years, r/o village Sarkar Para P.O. Mandalghat, District Jalpaighri State W.B. Posted at FA(G) SHQ Bangaigan (Assam) 83. Mingma Lama, s/o Yang Dorjee Lama, aged about 40 years, r/o IG FIR SSB, HQ Siliguri (WB) Posted as FA(G) IG FTR, SSB HQ, Siliguri (WB) 84. Deepa Bhandari, w/o Sh. Satendra Bhandari, aged about 40 years, r/o village Hitakander, P.O. Chailosan, District Pauri Gharwal (U.K.) Posted at SFA (WM) SPG Sector 8, Diwarka, New Delhi 85. Ashok Kumar, s/o Late Sh. Bala Ram Thakur, aged 42 years, r/o village BalaBehar, Dhalpur, Tehsil Kulla, District Kulla (H.P.) Posted at SFA (M) Area office SSB, Bhinga 86. Kedar Singh Negi, aged about 47 years, r/o village & P.O. Bhadhawali Tehsil Rampur, District Shimla (H.P.) Posted at SFA (M) Area office SSB, Bhinga 87. Kuldip Chand, s/o Late Sh. Haris Raj, aged about 50 years, R/o Village P.O. Muhal, Tehsil Dehra, District Kangra (H.P.) Posted at AFO (M) A.O. SSB, Bhinga (U.P.) 88. Sashanka Kr. Roy, s/o late Satyendra Kr. Roy, aged about 56 years, r/o village & P.O. Silchar 5 VIL NS Avenue, District Cachar (Assam) Posted at SFA (H) FTR HQ, SSB, Guhali (Assam) 89. Rajendra Kumar, s/o Late Chaman lal, aged about 52 years, r/o Town Sarsawa P.O. Sarsawa, district Saharanpur (U.P.) Posted at AFO(G) FTR, HQ SSB, Lucknow (U.P.) 90. Mahinder Sharma, s/o Late H.C. Sharma, aged about 43 years, r/o H.No. 3493 Sector 23, Gurgaon (H.R.) Posted at FA(G) DG SSB, East Block V R.K. Puram, New Delhi-110066 91. Hemen Chandra Das, s/o Sh. Ramesh Chandra Das, aged about 42 years, r/o village Rangachara, P.O. Mainamata District Barpita Assam-781315 Posted at SFA(G) SHQ Hqrs., SSB Muzaffarpur 92. Kaleswar Prasad, s/o Late Srinath aged about 42 years, r/o village Balapur, P.O. Jagdish Pur, District Allahabad (U.P.) Posted at FA(G) O/o DIG (SHQ) SSB Srinagar (J&K) 93. Rampal Santhal s/o Sh. Chatru Ram, aged about 46 years, r/o H.No. 1/133, Vikash Nagar, P.O. Janipur Jammu-180007 Posted at AFO (G) SIB Hqrs. Jammu J&K 94. Balwant Raj s/o Sh. Duni Chand, aged about 44 years, r/o village Marh, P.O. Halqa, Tehsil and District Jammu (J&K) Posted at FA(G) SIB, Hqrs. Jammu (J&K) 95. R.J. Chiru, s/o Ading Chiru, aged about 41 years, r/o village Nungsai P.O. Bisnupur, District Senapati, Stae Manipur Posted at AFO(G) FTR HQ SSB Guwahati (Assam) 96. N.K. Tokas, s/o Late Sh. M.M. Tokas, aged about 42 years, r/o House No. 106, Matawati Gali Munirka village P.O. JNU New Delhi-67 Posted at SFA/G D.G. SSB East Block V, R.K. Puram, New Delhi-66 97. Sh. Ashim Kr. Sarkar, s/o Anil Kr. Sarkar, aged about 48 years, r/o village Rani Danga P.O. Matigara, district Darjeeling (W.B.) Posted at AFO/G, DIG SSB SHQ Ranidanga West Bengal 98. Surendra Yadav, s/o Late Mukh Lal Yadav, aged about 44 years, r/o village Ranidanga P.O. Matighara District Darjeeling (W.B.) Posted at AFO/G, DIG SSB SHQ Ranidanga West Bengal 99. Dhanesh Mahato s/o Sh. Kamal Mahato, aged about 42 years, r/o A.O. SSB, Fali Kata West Bengal, posted at FA(G), A.O. SSB. Falakata, West Bengal 100. Sh. Umender Vir Singh, s/o Sh. D.P. Singh, aged about 51 years, r/o VPO Singha District Bareily (U.P.) Posted at AFO (Armourers) O/o The Commandant SSB CSD & workshop Bhopal (M.P.) 101. Sh. Shyam Sunder s/o Sh. Prakash Chand, aged about 47 years, r/o VPO Bhatiwala District Sri Ganga Nagar (Rajasthan) Posted at AFO (Armourers), O/o The Commandant SSB CSD & Workshop Bhopal (M.P.) 102. Sh. C.M.M. Nair s/o Late Sh. N. Madhvan Nair aged about 55 years, r/o village South Chatuar, House P.O. Kavasseri District Palakkad (Kerala) Posted at AFO (Armourers) O/o The Commandant SSB CSD & workshop Bhopal (MP) 103. Sh. P.I. Jamesh s/o Sh. Issac James, aged about 54 years, r/o village Palli Param Pill P.O. Kuthra Palli Distt. Kottayam (Kerala) Posted at AFO (Armourers) O/o The Commandant SSB CSD & workshop Bhopal (M.P.) 104. Sh. Nath Singh s/o Sh. Rudra Singh aged about 55 years, r/o village Lista P.O. Champawat District Champawat (U.K.) Posted at AFO (Armourers) O/o The Commandant SSB CSD & Workshop Bhopal (M.P.) 105. Sh. Shiv Narayan Sharma s/o Late Sh. Govind Ram Sharma aged about 48 years, r/o VPO Dholipal District Hanumangarh (Rajasthan) Posted at AFO (Armourers) O/o The Commandant SSB CSD & Workshop Bhopal (M.P.) 106. Sh. Buddhi Singh s/o Sh. Dharan Singh aged about 48 years, r/o village Kabar P.O. Dhrun Bhneta District Chamba (H.P.) Posted at AFO (Armourers) O/o The Commandant SSB CSD & Workshop Bhopal (M.P.) 107. Sh. Abhinesh Singh s/o Late Sh. Shiv Ram Singh aged about 54 years, r/o village Bilsada P.O. Manpurhari District Mainpuri (U.P.) Posted at AFO (Armourers) O/o The Commandant SSB CSD & workshop Bhopal (M.P.) 108. Sh. Bhuwan Singh s/o Late Sh. Dan Singh aged about 54 years, r/o village Sujei P.O. Jajardewal District Pithoragarh (U.K.) Posted at SFA (Armourers) O/o The Commandant SSB CSD & Workshop Bhopal (M.P.) 109. Sh. Rajbir Singh s/o Late Sh. Pan Singh aged about 56 years, r/o VPO Aklona District Bhind (M.P.) Posted at SFA (Armourers) O/o The Commandant SSB CSD & workshop Bhopal (M.P.) 110. Sh. Ram Bahadur Sinha s/o Sh. Palat Sinha aged about 56 years, r/o VPO Sidhapa District Madhubani (Bihar) Posted at SFA (Armourers) O/o The commandant SSB CSD & Workshop Bhopal (M.P.) 111. Sh. Pita Basa Biswal s/o Sh. Rasananda Biswal aged about 50 years, r/o village Kaliadama P.O. Balipashi District Angul (Odisha) O/o The Commandant SSB CSD & Workshop Bhopal (M.P.) 112. Sh. Khaleshwer Pradhan s/o Late Sh. Podna Pradhan aged about 50 years, r/o VPO Badimunda District Kandhmal (Odisha) Posted at SFA (Armourers) O/o The Commandant SSB CSD & Workshop Bhopal (M.P.) 113. Sh. Ram Kumar s/o Late Sh. Din Dayal aged about 50 years, r/o village Patel Nagar Diggital P.O. Orai District Jalaun (U.P.) Posted at SFA (Armourers) O/o The Commandant SSB CSD & Workshop Bhopal (M.P.) 114. Sh. Laxman Singh s/o Sh. Kirpal Singh Rawat aged about 50 years, r/o VPO Pattimaletha District Tehri Garhwal (U.K.) Posted at AFO (Armourers) O/o The DIG SSB Academy Sri Nagar (Garhwal) 115. Sh. S.B. Nautiyal s/o Sh. Brij Mohan Nautiyal aged about 50 years, r/o village Lonthru P.O. Moneri District Utterkashi Posted at AFO (Armourers) O/o The DIG SSB Academy Sri Nagar (Garhwal) 116. Sh. Prem Singh s/o Sh. Narayan Singh aged about 50 years, r/o village Nerdhura P.O. Janla District Almora (U.K.) Posted at AFO (Armourers) O/o The Commandant SSB T.C. SSB Kumar Sain (H.P.) 117. Sh. Anand Lal s/o Late Sh. Kundan Lal aged about 50 years, r/o village Nadela P.O. Dewaldhar District Bageshwer (U.K.) Posted at AFO (Armourers) O/o The Commandant SSB C.I. & J.W. Gwaldum (Garhwal) 118. Sh. B.C. Barman s/o Sh. Juddha Ram Barman, aged about 55 years, r/o village Bithalkuchi P.O. Sonora District Nalbari (Assam) Posted at AFO (Armourers) O/o The DIG SSB T.C. SSB Ranidanga (W.B.) 119. Sh. Ravi Shankar Katiyar s/o Sh. Sunder Lal Katiyar, aged about 54 years, r/o Village Akbar Pur P.O. Mallawan District Hardoi (U.P.) Posted at SFA (Armourers) O/o The Commandant SSB C.I. & J.W. Gwaldum (Garhwal) 120. Sailen Gohan s/o Molaka Gohan, aged about 46 years r/o VPO Boraguri District Tinsulia (Assam) Posted at SFA (M) O/o AO SSB Kohraghar (Assam) 121. L. Gunamani Singh s/o L. Nityai Singh, aged about 47 years, r/o Village Kontha Ahail U.P. P.O. Mantripukhri District Imphal East Manipur Posted at SFA (H) O/o AO SSB Rangia District Kamrup (Assam) 122. Umesh Chandra Roy s/o Late Bijoy Ch. Roy aged about 50 years, r/o Niz Sariha P.O. Tachakuchiaist Barpeta (Assam) Posted at AFO (M) O/o AO SSB Rangia (Assam) 123. Mahinder Singh Guewin s/o Sh. K.S. Guewin aged about 38 years, r/o P.O. Andoli District Pauri Garhwal (U.K.) Posted at FA (G) O/o FHQ SSB R.K. Puram New Delhi .Applicants (By Advocate : Shri Amit Anand) versus Union of India & Ors. through The Secretary, Ministry of Finance North Block, New Delhi The Secretary, Department of Expenditure, Ministry of Finance, North Block, New Delhi The Director General, Sashastra Seema Bal, East Block, R.K. Puram, New Delhi-110066 .Respondents ORDER (ORAL) SHRI G. GEORGE PARACKEN, MEMBER (J) :
MA 1541/2014 This MA has been filed by the applicants under Rule 4 (5) of the CAT (Procedure) Rules, 1987 seeking permission of this Tribunal to join together in a single Original Application.
2. For the reasons stated therein, this MA is allowed.
OA No.1789/2014The applicants have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
(a) The Honble Tribunal may, on the basis of the law laid down by the Apex Court in the case of Amrit Lal Berry (supra) and other decisions cited in para 5 and also endorsing the recommendations of the fifth Pay Commission as contained in para 126.5 thereof (extracted in para 5 above) be pleased to declare that the decision in the case of OA No.1046 of 2012 and OA No.2219 of 2012 (Annexure A-2) shall equally apply to all those FAs and SFA who are similarly situated as the applicants therein and it be also held that in the case of applicants who are functioning as FAs, but who have already been afforded the ACP/MACP benefits, their Grade pay should be afforded the Grade pay of Rs.2,400/-. Similarly, it be also declared that those of the SFAs who have been afforded the financial benefit under the MAC Scheme bringing their Grade pay to that of AFO should be afforded the grade pay of Rs.2,800/-.
This Honble Tribunal may further be pleased to hold that while revising the grade pay and afford the same to the applicants herein, the respondents shall take into account the Fitment Table for such fixation and work out the pay due to the applicants accordingly.
It be further declared that the applicants are entitled to arrears of pay and allowances arising out of such revision of the Grade Pay with effect from 01-01-2006 and the same be paid with interest at a rate prevalent as interest rate on fixed Deposits in any of the Nationalized Banks.
Time for execution of the order of the Tribunal be also calendared.
Or In the alternative, the respondents be directed to consider the pending representations (Annexure A-1) in the light of the law laid down by the Apex Court in the case of Amrit Lal Berry vs CCE (1975)4 SCC 714 and other cases referred to in para 126.5 of the recommendations of the Fifth Pay Commission within a time frame as may be calendared by the Tribunal and further to act on the basis of the decision so arrived at. Should the representations be rejected for any plausible reason, the respondents be directed to pass a reasoned and speaking order within the aforesaid time frame.
Cost of this O.A. be also allowed in favour of the applicant and against the respondents.
The Honble Tribunal may be pleased to pass such other suitable order or orders as the Tribunal may deem fit to meet the ends of justice.
2. It is seen that this case is covered by the earlier Order of this Tribunal in OA No.1046/2012 and OA No.2219/2012 decided by this Tribunal vide common Order dated 17.5.2013. The said Order in full reads as under:-
In both the aforesaid Applications, since the facts, grievance raised and the reliefs sought are common, therefore, as agreed by the learned counsel for the parties, they are heard together and is being disposed of by this common order.
2. In the aforesaid two Applications, the applicants are working as Field Assistant (FA), Senior Field Assistant (SFA) and Assistant Field Officer (AFO) in Sashastra Seema Bal (SSB for short) under the administrative control of Ministry of Home Affairs. The applicants of OA No.1046/2012 are FAs, SFAs and AFOs, whereas applicants of OA No.2219/2012 are SFAs and AFOs. They are aggrieved by the discriminatory treatment in the matter of fixation of pay scales after 6th Central Pay Commission Report, hence they have sought for the following reliefs:-
(a) Quash and set aside the Orders in the form of Fax Message dated 1.12.2011 and Order dated 29.11.2011 (Annexure A-1 Colly) to the extent the applicants have not been granted the grade pay of Rs.2000 for FAs, Rs.2400 for SFAs and Rs.2800 for AFOs at par with similarly situated employees of SFF, ARC and RAW.
(b) Direct the respondents to grant the applicants the Grade Pay of Rs.2000/s.2400/Rs.2800 to FAs/SFAs/AFOs respectively w.e.f. 01.01.2006 or they were promoted to that post, whichever is later.
(c) Direct the respondents to grant the applicants arrears of pay and interest thereon as applicable.
(d) Any other direction which this Honble Tribunal may be pleased to pass under the facts and circumstances of the case.
3. The case of the applicants briefly stated is that since beginning they were treated alike with their counterparts in Aviation Research Centre (ARC), Special Frontier Force (SFF) and Research and Analysis Wing (RAW) and were given similar pay scales. Initially, the SSB as well as ARC, SFF and RAW were under the administrative control of Cabinet Secretariat. However, in the year 2001, the SSB was brought under the administrative control of Ministry of Home Affairs vide order dated 15.01.2001, but the fact remains that there was no change in their duties and responsibilities and they continued to draw the same pay and allowances w.e.f. 2001 till 29.08.2008 before the Revised Pay Rules, 2008 came into force. It is submitted that on account of parity, the applicants are entitled to be given the same pay scale which their counterparts working in ARC, SFF and RAW are getting. It is further submitted that the controversy regarding the pay scales of Field Assistant, Senior Field Assistant and Assistant Field Officer was concluded by the judgment of the Tribunal rendered in the matter of Mr. Atma Prakash Dixit and Ors. Vs. Union of India & Others (OA No.2866/2012 decided on 13.05.2013). In the said case, the applicants were Senior Field Assistant and Assistant Field Officer and were claiming the Grade Pay of Rs.2400/- and Rs.2800/- respectively w.e.f. 1.1.2006 as have been given to their counterparts serving in various organizations under the control of Cabinet Secretariat. This Tribunal having considered the stand taken by the parties in Para 13 of the order, held as under:-
13. We are, therefore, of the considered view that the Respondents have acted in violation of Articles 14 and 16 of the Constitution of India in granting lesser grade pay to the SFA, AFO, FO etc. of SSB from SFA, AFO, FO etc. serving in ARC, RAW and SFF without justification. When there is no change in the nature of duties and responsibilities of the Applicants after shifting of administrative control of SSB from Cabinet Secretariat to Ministry of Home Affairs, the Respondents should have maintained the same grade pay to them also at par with the grade of the corresponding posts in all the organizations still under Cabinet Secretariat. The FOs under the SSB, as already stated, have already obtained an order for granting them the grade pay of Rs.4800/- at par with the FOs of ARC, SFF, RAW etc. with effect from 1.1.2006 vide order of this Tribunal in OA No. 1011/2011 (supra) and the Respondents have already implemented the order. The Tribunal, therefore, for the reasons stated in the judgment, allowed the OA by passing the following orders:-
14. We in the above facts and circumstances of the case, allow this OA. Consequently, we quash and set aside the impugned order dated 29.11.2011. We further direct the respondents to grant higher Grade Pay of Rs.2400/- and Rs.2800/- to the Applicants SFAs(M) and AFOs(M) respectively with effect from 1.1.2006 with all consequential benefits including arrears of pay and allowances. We also direct that the aforesaid direction shall be complied within a period of 2 months from the date of receipt of a copy of this order.
15. There shall be no order as to costs.
4. We have heard learned counsel for the parties.
5. Learned counsel for the applicants submitted that the controversy being similar and having now been resolved by the aforesaid judgment of the Tribunal rendered in the matter of Mr. Atma Prakash Dixits case (supra), which has also been given effect to and the same is not under challenge before the High Court or the Honble Apex Court, this OA may be disposed of on similar terms.
6. On the other hand, learned counsel for the respondents though opposed the prayer, but could not distinguish the facts and the grievance of the applicants in the instant Application with that of OA No.2866/2012. He could also not dispute that the controversy involved in this Application is squarely covered by the aforesaid judgment which had attained finality.
7. Having considered the submissions made on both sides and having gone through the order of the Tribunal dated 13.05.2013 passed in OA No.2866/2012, we are also of the view that the controversy and the grievance in the instant two Applications is squarely covered by the aforesaid judgment and there appears no reason to take a contrary view.
8. In view of the discussions made above and also in view of the order of this Tribunal in Mr. Atma Prakash Dixits case (supra), both the aforesaid Applications succeed and are allowed. The impugned orders dated 1.12.2011 and 29.11.2011 to the extent that the applicants have been denied the Grade Pay of Rs.2000/- for Field Assistant (FA), Rs.2400/- for Senior Field Assistant (SFA) and Rs.2800/- for Assistant Field Officer (AFO) respectively are quashed and the respondents shall take steps to grant higher Grade Pay in the Grade Pay of Rs.2000/- Rs.2400/- and Rs.2800/- to the applicants w.e.f. 1.1.2006 with all consequential benefits, including arrears of pay and allowances. The aforesaid directions shall be complied with by the respondents within a period of two months from the date of receipt of certified copy of this order. No order as to costs.
3. Again this Tribunal vide Order dated 1.5.2014 passed in OA No.1483 of 2014 Shri Satyendra Singh Kandari and others vs. Union of India and others decided on 1.5.2014 have passed the following Orders:
2. It is seen that this case is covered by the earlier order of this Tribunal in OA No.2866/2012 - Atma Prakash Dixit and ors Vs. Secretary, Ministry of Finance, North Block and ors. decided on 13.05.2013. The operative part of the said order is as under:-
12. We have heard the learned counsel for the Applicants, Shri M.K.Bhardwaj and the learned counsel for the Respondents, Shri Ashish Nischal. In our considered view the respondents have failed to consider the claims of the Applicants in this OA in the right perspective. The undisputed fact that there has been historical parity for the purpose of pay scales in respect of the posts of SFA, AFO, DFO, FO etc. in SSB with their counter parts in other three organizations, namely, RAW, SFF and ARC. The said parity could not have been disturbed merely due to shifting the administrative control of SSB from Cabinet Secretariat to Ministry of Home Affairs. This issue was considered by this Tribunal at least twice earlier in OA No.1011/2011 (supra) and OA No.1816/2011 (supra). The Honble High Court of Delhi has also considered the same issue in WP (C) 7526/2010 (supra). It is not disputed that the SSB itself has taken up the disparity in the pay scales of their staff with their counter parts with the Anomaly Committee of the MHA. They have in turn taken up the matter with the Ministry of Finance (Department of Expenditure). The only objection for the Ministry of Finance is that there was specific recommendation by the 6th CPC with regard to the corresponding posts in SSB. Therefore, the pay scale and grade pay recommended and accepted for the corresponding posts in IB cannot be extended to the officers in IB. The said aspect has been considered by this Tribunal in OA 1011/2011 (supra) FOs in SSB. This Tribunal clearly held that the Applicants therein were at par for all purposes, with the FOs of RAW, SFF and ARC. They were also getting the same pay scales as per the recommendations of the 3rd, 4th and 5th Pay Commissions. The disparity has arisen only after the implementation of the 6th CPC due to shift in the administrative control of all those organizations. But the undisputed fact that remains is that when the SSB was shifted to Ministry of Home Affairs w.e.f.2001, others remained under the Cabinet Secretariat. While doing so the duties and responsibilities of the officers of the four organizations remained same. Therefore, the same reasons for granting the revised pay and grade pay to the organizations under the Cabinet Secretariat will apply to SSB now under the Ministry of Home Affairs. However, for strange reason, in the case of SFAs in the SSB they remained under the lesser pay scale of Rs.3200-4900 during the period of the 5th CPC though they were maintaining parity throughout till that period. By the 6th CPC also they were granted the same pay scale at par with others but lesser grade pay.
13. We are, therefore, of the considered view that the Respondents have acted in violation of Articles 14 & 16 of the Constitution of India in granting lesser grade pay to the SFA, AFO, FO etc. of SSB from SFA, AFO, FO etc. serving in ARC, RAW and SFF without justification. When there is no change in the nature of duties and responsibilies of the Applicants after shifting of administrative control of SSB from Cabinet Secretariat to Ministry of Home Affairs, the Respondents should have maintained the same grade pay to them also at part with the grade of the corresponding posts in all the organizations still under Cabinet Secretariat. The FOs under the SSB, as already stated; have already obtained an order for granting them the grade pay of Rs.4800/- at par with the FOs of ARC, SFF, RAW etc. with effect from 1.1.2006 vide order of this Tribunal in OA No.1011/2011 (supra) and the Respondents have already implemented the order.
14. We in the above facts and circumstances of the case, allow this OA. Consequently, we quash and set aside the impugned order dated 29.11.2011. We further direct the respondents to grant higher Grade pay of Rs.2400/- and Rs.2800/- to the Applicants SFAs(M) and AFOs(M) respectively with effect from 1.1.2006 with all consequential benefits including arrears of pay and allowances. We also direct that the aforesaid direction shall be complied within a period of 2 months from the date of receipt of a copy of this order.
3. Further, it is seen that another identical case OA No.1396/2014- Shri Yogendra Singh & Ors. Vs. Secretary, Government of India, Ministry of Home Affairs, North Block, New Delhi came up before this Tribunal and the same was also disposed of in terms of the aforesaid order in OA No.2866/2012. The relevant part of the said order reads as under:-
3. We, therefore, as agreed to by learned counsel for the applicants as well as respondents, dispose of this matter by this order. It appears that in respect of grant of aforesaid grade pay, the controversy has finally been adjudicated by another Bench of this Tribunal in the matter of Mr. Atma Prakash Dixit & Others versus Union of India & Others [OA No.2866/2012 decided on 13.05.2013] whereby respondents were directed to grant higher Grade Pay of Rs.2400/- and Rs.2800/- to the applicants SFAs (M) and AFSO (M) respectively in the same department. Therefore, there appears no reason to deny the benefit of the aforesaid judgment to the present applicants even though they were not the applicants in the aforesaid OA.
4. On the other hand, Shri Rajinder Nischal, learned counsel for the respondents pointed out that admittedly the applicants have already moved the representation before the respondents dated 17.02.2014 annexed as Annexure A-5 and, therefore, this Applicant cannot be entertained at this stage as the period of six months is yet to be expired. He, however, fairly submitted before us that the aforesaid representation of the applicants would be examined and disposed of in accordance with law expeditiously.
5. In view of the stand taken by the learned counsel for the and also looking to the submissions before us and keeping in view the aforesaid judgments of the coordinate Bench of the Tribunal, we dispose of this matter at this stage with direction to the respondents to examine the grievance of the applicants and dispose the aforesaid representation by a speaking order expeditiously, preferably within a period of eight weeks from the date of production of certified copy of this order. However, in the event the respondents come to the conclusion that benefits of the aforesaid judgment of the Tribunal cannot be extended to the applicants, they will pass a reasoned order and communicate the same to the applicants within the aforesaid period.
4. In view of the aforesaid position, we dispose of this Original Application at the admission stage with the direction to the respondents to examine the case of the applicants in the light of the aforesaid orders of this Tribunal in the case of Atma Prakash Dixit & Ors.(supra) and Shri Yogendra Singh & Ors.(supra) and if their cases are covered by those orders, they shall also be given the same benefits by passing appropriate orders. In case the respondents consider that the applicants case is not covered by the aforesaid orders of the Tribunal, they shall pass reasoned and speaking orders under intimation to the applicants individually. The aforesaid direction shall be complied with, within a period of two months from the date of receipt of a copy of this order. It goes without saying that if the decision of the respondents is not in favour of the applicants, they are at liberty to challenge the same through appropriate original proceedings before this Tribunal, if so advised.
5. There shall be no order as to costs.
4. In view of the above position, we dispose of this Original Application at the admission stage with the direction to the respondents to examine the case of the applicants in the light of the aforesaid orders of this Tribunal in the case of Atma Prakash Dixit & Ors. (supra) and Shri Yogendra Singh & Ors. (supra) and if their cases are covered by those orders, they shall also be given the same benefits by passing appropriate orders. In case the respondents consider that the applicants case is not covered by the aforesaid orders of the Tribunal, they shall pass reasoned and speaking orders under intimation to them individually. The aforesaid direction shall be complied with, within a period of two months from the date of receipt of a copy of this order. It goes without saying that if the decision of the respondents is not in favour of the applicants, they are at liberty to challenge the same through appropriate original proceedings before this Tribunal, if so advised.
5. There shall be no order as to costs.
(SHEKHAR AGARWAL) (G. GEORGE PARACKEN)
MEMBER (A) MEMBER (J)
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