Central Administrative Tribunal - Delhi
Jai Bhagwan vs M/O Defence on 4 April, 2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 1048/2014
M.A. No. 2681/2016
The 4th day of April, 2019
HON'BLE MR. V. AJAY KUMAR, MEMBER (J)
HON'BLE MS. ARADHANA JOHRI, MEMBER (A)
1. Jai Bhagwan, Aged 57 years,
S/o Late Shri Harnarayan,
R/o 261, „A‟ Block,
Sector-8, Dwarka, New Delhi.
2. Radhey Shyam, Aged 58 years,
S/o Late Shri Udai Ram,
R/o H.No.1530/1, Mamurpur,
Narela, New Delhi-110040. .. Applicants
(By Advocate: Shri B.L. Wanchoo)
Versus
1. Union of India
Through Secretary,
Ministry of Defence,
South Block,
New Delhi-110001.
2. Secretary,
Ministry of Finance,
North Block,
New Delhi-110001.
3. Director General,
Ordnance Services,
Sena Bhawan,
New Delhi-110001.
4. Chief Record Officer,
AOC Records,
Secunderabad, Pin-900453. .. Respondents
(By Advocate : Dr. Ch. Shamsuddin Khan)
2
OA No. 1048/2014
ORDER (ORAL)
By Mr. V. Ajay Kumar, Member (J) The applicants, two in number and working as Fire Engine Drivers under the 3rd respondent - Director General Ordnance Services, filed the O.A. seeking the following relief(s):
"(i) To direct the Respondents to grant the Grade Pay @ Rs. 2800 in the Pay Scale of Rs.5200-20200 to the applicants w.e.f.
01.01.2006 consequent to 6th Pay Commission with all consequential benefits.
(ii) To direct the respondents to grant the applicants Grade Pay @ Rs.4200 by way of 3rd MACP on completion of 30 years of service with all consequential benefits in terms of DOP&T OM dated 19.05.2009 Para 28(B) as well as the illustration given therein.
(iii) To direct the Respondents to grant interest @ 12% on arrears of Pay and Allowances accruing from 01.01.2006 to actual date of payment on refixation of Pay and Allowances consequent to 6th Pay Commission Report.
(iv) To pass any further order as deemed fit and proper in the circumstances of the case to meet the ends of justice."
2. Heard Shri B.L. Wanchoo, learned counsel for the applicants and Dr. Ch. Shamsuddin Khan, learned counsel appearing for the respondents and perused the pleadings on record.
3. Learned counsel for the applicants submits that though the respondents granted the Grade Pay of Rs.2800/- in the pay scale of Rs.5200-20200 consequent to 6th Pay Commission w.e.f. 01.01.2006 to the equivalent categories in other Departments, the same was not granted to the applicants. It is also submitted that the applicants made number of representations seeking for granting 3 OA No. 1048/2014 of the same. As the respondents have not passed any final orders thereon, the applicants filed the O.A.
4. The respondents through their counter submitted that they have complied with the recommendations of the 6th Central Pay Commission to all the categories including to the applicants. Since no separate Grade Pay was recommended by the 6th Central Pay Commission to the Fire Engine Driver, the same was not conferred on the applicants. However, the representations of the applicants were forwarded to the Ministry and till date, no final decision has been taken thereon.
5. It is not in dispute that the 6th Central Pay Commission has not given any specific recommendation in respect of Grade Pay of the applicants, i.e. Fire Engine Drivers. It is also not in dispute that now the 6th Pay Commission came to an end and 7th Central Pay Commission has given its recommendations which are already implemented by the Govt. of India.
6. Today, the learned counsel for the applicants produced an Office Memorandum dated 17.10.2016, whereunder the recommendations in para 7.7.2014 of the 7th Central Pay Commission are contained, and the same reads as under:
"7.7.24 It is observed that the hierarchical structure of the Firefighting Staff in different organisations varies considerably. The Commission feels that there is a need for a unified and standard hierarchical structure/pattern for the Firefighting Staff considering that there is similarity in their nature of duties 4 OA No. 1048/2014 irrespective of the organisation. Thus it recommends drafting of Model Recruitment Rules for the Firefighting Staff of all Central Government Departments and UTs with similar designation and pay structure. Replacement pay levels are recommended till such time that model Recruitment Rules are drafted and finalised. However, taking into account the risk and hardship faced by these employees, an allowance based on cell R2H3 [Level >=9: ₹3,400 pm, Level <=8: ₹2,700 pm] of the Risk and Hardship matrix is recommended for them."
7. In the circumstances, we do not find any merit in the O.A. However, in view of the implementation of the 7th Central Pay Commission‟s recommendations, the respondents may consider the claim of the applicants under the 7th CPC and if there is any anomaly, the same may be referred to the Anomaly Committee constituted under the 7th CPC. Accordingly, the O.A. is disposed of. All pending MAs also disposed of accordingly. No costs.
(ARADHANA JOHRI) (V. AJAY KUMAR) Member (A) Member (J) /Jyoti /