Central Administrative Tribunal - Kolkata
Pushkar Singh Jat vs National Institute Of Homeopathy on 1 October, 2018
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1 o.a.426.2O1S / p CENTRAL ADMINISTRATIVE TRIBUNAL if j KOLKATA BENCH, KOLKATA Date of order: 1.10.2018 No. Ô.A. 426 of 2015 Present : Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member
1. Pushkar Singh Jat, Son of Ramdave Jat, Aged about 39 years, Working as Nurse Grade - I, Office of the National Institute of Homeopathy, Block-GE, Sector - Ill, Salt Lake, Kolkata - 700 .106, Residing atNational Institute of Homeopathy Staff Quarter, Type - Ill, No. 5 J.C. Block, Sector - Ill, Salt Lake, Kolkata - 700098.
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2. Baisàlhi Roy, Wife of Barun,Kr Deb, Aged,bou31iYear5, Workrng's Nus'e Grade - I, Officeöf the4 Nat1oñál Institute of Homeopathy, Toil BlokGE1OScth.r--.lII, "
Salt.Lake, / 2 Kólkàta.-- 7O0'10 ResidintNátiOPal.11lStitute of Homeopathy 'StàffQuarter, Type - III;.. No. 3 j.C..Blöck, Sector-- Ill, Salt Lake,
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3. NitaSen, Wife of Saibal Ku mar Sen, Aged about 37 years, Working as Nurse Grade-I, Office of the NationalInstitute of Homeopathy, Block-GE, Sector - Ill, Salt Lake, Kolkata - 700 106, Residing at AC 33, Sarata.yan Apartment, Arjunpur, Flat No. 3C, Block - B, Kolkata - 700 059.
Applicants
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1. Unionof India, Through the Secretary to the Govt. of India, Ministry of Ayush, B-Block, Ayush Bhawan, , 2 o.a. 426.2015 INA, New Delhi - 110 023.
The Secretary to the Govt. of India, Ministry of Finance, Department of Expenditure, North Block, New Delhi --110001.
The Director, National Institute of Homeopathy, GE Block, Sector - Ill, Salt Lake, Kolkata - 700 106.
Respondents For the AppliCant : Mr. C. Sinha, Counsel For the Respondents : Mr. A. Banerjee, Counsel
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ORDER(Orallv
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Per Dr. Nandita Chatteriee Administrative iviemoer:
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Heard Ld Counsel for the applicaPt and respondents
2. . has beer filedT undeç Section 19 of the This Original Application Administrative Tribunals Act. 1.085 seeking the following felief:-
/ "(a) An order granting leave to the applicants tinder Rule 4(5)(a) of the öentral Administrative Tribunals (Procedure) Rules, 1987 to move this application joifl tly.
An order holding that denial of Grade Pay of Rs. 4 800/- in PB-2 is bad in law and the applicants are entitled to Grade Pay of Rs. 4800/- in PB-2 or not below Rs. 4200/- in PB-2 w.e.f. 1.1.2006.
An order directing the respondents to grant Grade Pay of Rs. 4 800/- in PB-2 to the applicants with effect from 1.1.2006 with all consequential benefits.
An order directing the respondents to produce/cause production of all relevant records.
Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper."
3 Prayer for joint prosecution of this application is allowed.
3 o.a. 426.2015 Ld. Counsel for the applicant submits that the applicants have prayed for commensurate scale with Grade Pay of Rs. 4600/- to the Staff Nurse and Rs.
4800/- to the Nursing Sister akin to those paid in PGIMER, AIIMS, JIPMER, CNCRI, NIOH etc. and have represented on 20.1.2014 and 4.8.2014 accordingly.
Ld. Counsel for the respondents submits that it is the Union of India, particularly the Ministry of Ayush, who is competent to decide this matter. Hence, with the consent of the parties and without entering into the merits of the matter, we hereby accord liberty to the applicants to file a comprehensive representation before the competent respondent authdrity in this regard within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the competent respondent authority will thereafter issue a reasoned and speaking order in.accórdanCe with' law within a period of six weeks of receipt of the same. Decision a(rived tfshoUld be communicated immediately 7 - . ...
to the applicants and consequent bêretit's,Jf-afly, be released within six weeks ..:.--
thereafter:
6: With these directions, theOA. is Uiposed :of. No cots.
(Bidisha Ban eijée) (Dr. Nandita Chatterjee) Administrative Member Judicial Member sP 11