Central Administrative Tribunal - Delhi
V.K. Saldhi & Ors. vs Union Of India & Ors. on 9 July, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA No.3783/2010 NEW DELHI THIS THE 09th DAY OF JULY, 2012 HONBLE MR. G. GEORGE PARACKEN, MEMBER (J) HONBLE MR. SUDHIR KUMAR, MEMBER (A) In the matter of: V.K. Saldhi & Ors. Applicants. Versus Union of India & Ors. Respondents. N.C. Rai, S/o late Shri Amar Singh Rai, R/o G-7/11, Sector-15, Rohini, Delhi-110089. Applicant. (Applicant present in person) VERSUS 1. Union of India Through its Secretary, Ministry of Defence, Having office at: South Block, New Delhi-110001. 2. Joint Secretary Training & CAO, Ministry of Defence, Having Office at: C-II, Hutments, New Delhi-110001. Respondents. (None present) ORDER (ORAL)
Shri G. George Paracken:
In this Original Application (OA 3783/2010), there were three applicants, namely, Shri V.K. Saldhi, Shri N.C. Rai and Shri M.C. Sharma. Along with this O.A, OA 3035/2011 Anil Verma Vs. Union of India & Anr. was also heard.
2. O.A 3783/2010 (supra) was allowed in respect of Shri V.K. Saldhi and Shri M.C. Sharma but the case of Shri N.C. Rai was disallowed, vide order dated 14.11.2011. However, RA 31/2012 in OA 3783/2010 was filed by Shri N.C. Rai stating that there was error apparent on the face of the record while passing order in this case. After hearing the parties, this Tribunal allowed the RA, vide order dated 18.05.2012 and the OA qua Shri N.C. Rai was restored and listed for hearing today i.e. 09.07.2012, holding that the ad hoc service in the case of Shri N.C. Rai was only for three years from 09.12.1976 to 09.12.1979 and on expiry of the aforesaid period, his services were regularized and on completion of 24 years of regular service, he was also entitled for the next higher grade as in the case of other applicants in OA 3783/2010 (supra) and the applicant in OA 3035/2011 (supra).
3. Shri N.C. Rai was present in person. However, in spite of three pass overs, neither the respondents nor their counsel was present. As held by this Tribunal in RA 31/2012, it is seen from the record of this OA that the ad hoc service of the applicant Shri N.C. Rai was only from 09.12.1976 to 09.12.1979. Thereafter, his services were regularized and, therefore, he is entitled for the financial upgradation on completion of 24 years of service thereafter. To the aforesaid extent, the case of Shri N.C. Rai in Original Application No. 3783/2010 is allowed. Consequently, the impugned order dated 07.07.2010 issued to Shri N.C. Rai by the respondents is quashed and set aside. Further, we direct the respondents to allow the benefit of ACP Scheme in favour of Shri N.C. Rai by granting the next higher pay scale of Rs.10500-15200 from the date of completion of 24 years of service w.e.f. 10.12.1979. The aforesaid direction shall be complied with within two months from the date of receipt of a copy of this order.
4. This order shall be read in continuation of the order of this Tribunal dated 14.11.2011 in OA 3783/2010 (supra) and OA 3035/2011 (supra).
5. There shall be no order as to costs.
( Sudhir Kumar ) ( G. George Paracken )
Member(A) Member(J)
SRD