Central Administrative Tribunal - Delhi
S K Dhasmana vs Indian Council Of Forestry Research And ... on 21 December, 2023
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Item No. SL-2/NB O.A. No. 945/2019
Central Administrative Tribunal
Nainital Circuit Bench, New Delhi
O.A. No. 945/2019
This the 21st day of December, 2023
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Mr. Sanjeeva Kumar, Member (A)
(Through video conferencing)
1. Shri S.K.Dhasmana(Male),
Aged about 58 years,
S/o Late Sri L.N.Dhasamana,
R/o House No 250,
Lane 11, Vijay Park Extension Dehradun.
2. Shri K.N.Mathpal (Male),
Aged about 68 year,
S/o Late Sri Dayanand Mathpal,
R/o 5/21, Vasant Vihar Enclave,
Dehradun.
3. Ms. Ashima Gaur (Female),
Aged about 51 years,
D/o Sri R.N Gaur,
R/o B-54. FRI Estate,
New Forest, Dehradun.
...Applicants
(Through Advocate: Mr. M C Pant)
Versus
1. Union of India,
Through Secretary
MoEF& CC
New Delhi.
2. Director General,
ICFRE,
P.O.New Forest,
Dehradun.
...Respondents
(Through Advocate: Mr. Vikas Pandey)
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Item No. SL-2/NB O.A. No. 945/2019
ORDER (Oral)
Hon'ble Mr. Manish Garg, Member (J) With the consent of learned counsel for both the parties, the matter is taken up for final hearing.
2. In the instant Original Application the applicants seek the following reliefs:-
"a. To issue order or direction to appropriate in nature to declare that the original applicants are entitled for the benefit of grades, pay scales and nomenclature at par to the ministerial cadre employees and also to declare that the Stenographic cadre is an integral part of Ministerial Cadre and to grant promotional opportunities for their career progression from level-04 to level-13 of Pay Matrix as have been granted to their counterparts in ICFRE Administrative cadre from level-02 to level-12 of Pay Matrix as highlighted in the body of the petition along with all arrears and consequential benefits.
b. To issue appropriate order or declaration to declare the act of the respondent institute by not extending the benefit of grades, pay scales and nomenclature at par to the ministerial cadre employees to the petitioners and not treated the petitioners as the Stenographic cadre as an integral part of Ministerial Cadre and to grant promotional opportunities for their career progression from level-04 to level-13 of Pay Matrix as have been granted counterparts in ICFRE Administrative cadre from level-02 to level-12 of Pay Matrix as highlighted in the body of the petition along with all arrears and consequential benefits is arbitrary unreasonable and discriminating and to quash the orders if any issued in this regard by the respondents along with its effect and operation also after calling the entire records.
c. To award suitable compensation as the Hon'ble Tribunal deem fit and proper for suffering of mental and financial agony due to the tortures act of the respondents and direct to rover from the erring officers.
d. To pass such order, and direction which this Hon'ble Tribunal deem fit and proper according to the facts and circumstance to the case.
e. Any other relief which the court deemed fit and proper in the circumstances of the case."3
Item No. SL-2/NB O.A. No. 945/2019
3. Learned counsel for the applicant would contend that the present matter though pertaining to different Ministries relates to the Stenographers/Private Secretaries having the same pay scale and parity, the nature of duty are same in so far as both the Ministries are concerned. The present applicants are working in an autonomous organization. Further a reliance has been placed to the decision rendered in the matter of Secretary, Indian Council of Agricultural Research and Others Vs. IARI Stenographers Welfare Association and Others W.P. (C) No. 4178/2015 decided on 19.09.2019 and published in 2019 SCC OnLine Del 10119.
3.1 Learned counsel for the applicant states, at this stage, he would be satisfied if he is permitted to make a detailed representation based on the aforesaid decision rendered by the Hon'ble High Court of Delhi in the matter of Secretary, Indian Council of Agricultural Research and Others Vs. IARI Stenographers Welfare Association and Others (supra) to Competent Authority who may take appropriate decision in accordance with law.
4. We noticed that the decision pertaining to grant of parity in pay-scale is a policy decision which has to be taken by the Competent Authority, the role of the Tribunal is very limited in interference in such policy matter. However, taking note of the 4 Item No. SL-2/NB O.A. No. 945/2019 submissions made by the learned counsel for the applicant that he may be permitted to file a detailed representation. Let a detailed representation be filed within 30 days from the date of receipt of a certified copy of the order to the Competent Authority. Culling out all facts and circumstances seeking parity and the case law relied upon by the counsel for the applicant. On the receipt of the said representation the Competent Authority amongst the respondents may pass appropriate reasoned order on the said representation within a period of 60 days thereafter. Needless, to say that principle of natural justice shall be followed.
5. We disposed of this O.A. without expressing any opinion in the matter.
6. The O.A. is disposed of with aforesaid limited directions.
7. No order as to costs.
(Sanjeeva Kumar) (Manish Garg)
Member (A) Member (J)
/SG/