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Central Administrative Tribunal - Delhi

Virendra Kumar Srivasatava vs Comptroller And Auditor-General Of ... on 1 October, 2015

1 CENTRAL ADMINSITRATIVE TRIBUNAL PRINCIPAL BENCH NEW DELHI OA 3491/2015 MA 3106/2015 the 1st day of October, 2015.

Hon'ble Mr. Justice Syed Rafat Alam, Chairman Hon'ble Mr. P.K.Basu, Member (A)

1. Virendra Kumar Srivasatava S/o Late Shri Daya Shanker R/o 18/8 A /8-Govind Nagar Karbala Allahabad. Aged about 58 years

2. Ramakant singh S/o Late Shri R.B. Singh R/o M- 21 , Miurabad Awas Yojana Kamala nagar Allahabad. Aged about 54 years

3. R.B. Singh S/o Late Sh. S.Lal Singh R/o Qtr. No. 17/Type-IV, Kendranchal Colony, Begam Sarai, Allahabad.

Aged about 54 years

4. Dinesh Kapoor S/o Late J.K.Kapoor R/o 259/336, Baghambri Housing Scheme,Allahabad. Aged about 50 years

5. Mohammad Sohail Khan S/o Late Mohammad Yasin Khan R/o 36-C/3, sarojini Naido Marg, Allahabad. Aged about 48 years

6. Suresh Chandra Tripathi S/o Late Shri-Raja Ram Tripathi R/o Qtr. No.51/ Type-III/Phase-I, Kendranchal Colony, Preetam Nagar, Allahabad. Aged about 58 years

7. Hari Krishna Gupta S/o Shri- Ram Khelawan Gupta R/o 218/1-F/84-B Muir Road, Allahabad. Aged about 54 years 2

8. Rajendra Kumar Srivastava S/o Late- B.N.Lal R/o 3 B/1D A.N. Jha Marg, George Town, Allahabad. Aged about 52 years

9. Om Prakash Gupta S/o Late Ram Babu R/o M/86, Govindpur Colony, Allahabad. Aged about 54 years

10. Rajesh kumar S/o Late K C Rai R/o 127/111rani Mandi Allahabad. Aged about 55 years

11. Amarjeet Prasad S/o Late Ganpati Yadav R/o Qtr. No.Typr-III/198/, Kendranchal Colony, Preetam Nagar, Allahabad. Aged about 54 years

12. Sunil Mehta S/o Late M.M. Mehta R/125-A//16 Abobakarpur,Preetam Nagar, Allahabad. Aged about 54 years

13. Shiv Nath Tiwari (Retd.) S/o Late Shri- Rama Shankar R/o 7/167 LIG Avas Vikas Colony,Yojana-3, Jhunsi, Allahabad. Aged about 60 years

14. Sudeep Ghosh S/o Shri S.K.Ghosh R/o 132 Tara Kutir Road, Lukerganj, Allahabad Aged about 50 years

15. Hemant Kumar Srivastava S/o Late Dharam Kumar Srivastava R/o 3/401,E.W.S. Awas Vikas Colony, Yojana-3, Jhunsi, Allahabad. Aged about 53 years

16. Arun Kumar S/o Late Shri. Ghan Shyam Das R/o 718/611, Old Katra, Allahabad. Aged about 56 years 3

17. Chandan Kumar Chatterjee S/o Late- Sadhan Kumar Chatterjee R/o 257/208 Colonelganj, Allahabad. Aged about 58 years

18. Dashrath Lal S/o Shri-Munni Lal R/o 125/3 A/1 , Rajapur, Allahabad. Aged about 52 years

19. Sheo Kumar Verma S/o Shri- Hori Lal R/o 21 H/3 C/4 Ramman Ka Pura, Sulem Sarai, Allahabad. Aged about 52 years

20. Yogesh Gambhir S/o Shri- Kishan Chand Gambhir R/o 82/24 Nawab Yusuf Road, Allahabad. Aged about 50 years

21. Chauharja Prasad Singh S/o Late Shiv Kumar Singh R/o 125-A//12 Abobakarpur,Preetam Nagar, Allahabad. Aged about 54 years

22. Ram Milan S/o Late Shri D.Ram.

R/o 522/18 B/4 Unchwa Garhi, Rajapur, Allahabad. Aged about 51 years

23. Rajendra Kumar Srivastava S/o Late P.N.Srivastava R/o 60 C/4/148 Jondhmal, Telierganj, Allahabad. Aged about 57 years

24. Kamta Prasad S/oLate Moti Lal R/o 48 Malakraj Rambagh, Allahabad. Aged about 55 years

25. D.C.Gupta S/o Late M.L.Gupta R/o 267/116 C/2 D Phulwaria Road Bajarang Colony, Daraganj, Allahabad. Aged about 50 years 4

26. Durga Prasad Verma D/o Late Ram Kripal Verma R/o 26, Jayrampur Patpur, Kaushambi Road, Allahabad. Aged about 59 years

27. Pankaj Saxena S/o Late B.B. Saxena R/o F-2, 57/74 Shiv Vihar Apartment, Balrampur House, Allahabad. Aged about 50 years

28. Bhola Nath Verma S/o Shri-Cheghai Ram R/o 139/3 A Chhota Baghara, Allahabad. Aged about 47 years

29. Rajesh Kumar Goel S/o Shri Rangi Lal R/o 232 B/1A, Ganga Vihar Colony, Gayasuddinpur, T.P.Nagar, Allahabad.

Aged about 51 years

30. Krishna Mohan Mishra S/o Late C.M.Mishra R/o Kanhai pur More, G.T.Road, Allahabad. Aged about 51 years

31. Raghavendra Singh S/o Shri Kamal Bhan Singh R/o 601/426-12 A Bakshi Khurd, Daraganj, Allahabad. Aged about 32 years

32. Barun Kanti Ghosh S/o Sh. N.K.Ghosh R/o 1/A,"D" Road, Behind Chandralok Cinema, Allahabad. Aged about 51 years

33. Ram Kishun S/o Shri Kalloo R/o Villege-Jalalpur,Post-Sikndra, Allahabad. Aged about 46 years

34. Banwari Lal Saroj S/o Late Jawahar Lal R/o Dasapur, Atrampur, Allahabd, Aged about 55 years

35. Ajay chatterjee S/o Late I.N. Chatterjee 5 R/o 253/204, Colonelganj, Allahabad. Aged about 40 years

36. Raj Nath Mishra S/o Shri. Bal Mukund Mishra R/o 25 Krishna Nagar, Kydganj, Allahabad. Aged about 59 years

37. Bal Govind S/o Late Ram Jiyawan R/o 123 A/12 A Shantipuram Rajapur, Allahabad. Aged about 55 years

38. Vikas Jaiswal S/o Late Shri Amar Nath Jaiswal R/o 229 A Gandhi Nagar Mutthiganj, Allahabad. Aged about 52 years

39. Balendu Kumar Verma S/o Sh. Shiv Kumar Verma R/o 61 I/ 4 C/1 Om Gaytri Nagar, Allahabad. Aged about 52 years

40. Jeetendra Kumar S/o Sh. Bhagwan Das R/o 43/2, Ashok Nagar, Allahabad. Aged about 47 years

41. Arjun Prasad S/o Late Ram Adhar R/o E.W.S. 34 ADA Colony, Kalindipuram, Rajrooppur, Allahabad. Aged about 54 years

42. Lalman Singh S/oLate Shri R B Singh R/o 4-J, A N Jha Marg ,George Town Allahabad. Aged about 52 years

43. Ravi Kumar S/o Late Dharam Pal R/o 17 B/8B Gali No.9 Ganga Nagar, Rajapur, Allahabad. Aged about 52 years

44. Anurag Sharma S/o Shri -R.N.Gautam R/o 516/426 colonelGang, Allahabad. Aged about 42 years 6

45. Dinesh Chandra Sahu S/o Late Mithai Lal Sahu R/o 65/28 A New Laskar Laane, Old Baihrana, Allahabad. Aged about 54 years

46. Ashes Banerji S/o Late B.C. Banerji R/o NG-415 Nand Gram Kasari-Masari, Allahabad. Aged about 49 years

47. Ranjan Babu Kanaujia S/o Shri- Jai Jai Ram R/o 143 D/33/10 Rajapur, Allahabad. Aged 51 Years

48. Arun Kumar S/o Late- Indra Prasad R/o 757A/1 Malviya Nagar, Allahabad., Aged about 53 years

49. Anil Kumar Pandey S/o Late Rameshwar Dayal R/o Type-III/64 Kendranchal Colony, Begam Sarai, Allahabad. Aged about 48 years

50. Shiva Charan Lal S/o Late Sri Banshi Lal R/o 84/4C/2 A Bari Bagia ,Telierganj Allahabad. Aged about 49 years

51. Sudhir Sharma S/o Siya Ram Sharma R/o 125 A/11A Abubakarpur, Dhooman Ganj, Allahabad. Aged about 51 years

52. Ajay Kumar Mongia S/o Late Krishna Lal Mongia R/o 571 A/1,Meerapur, Allahabad. Aged about 53 years

53. Hemant Ghosh S/o Late Suresh Chandra Ghosh R/o 82/ T-1, Nawab Yusuf Road,Allahabad. Aged about 58 years 7

54. Alok Jain S/o Shri Anand Bahadur Jain R/o 58/Type-III/ Phase-I, Kendranchal Colony, Preetam Nagar, Allahabad. Aged about 48 years

55. Vishwa Nath B/1419 S/o Sh.Vinod Kumar Verma R/o 36-C/1 A Adarsh Nagar, Bhawapur, Allahabad. Aged about 54 years

56. Arun Kumar Srivastava S/o Late Rajendra Kishore Srivastava R/o Qr. No. 181 B/153 C, Sule Sarai,Allahabad. Aged about 52 years

57. Kishor Kumar Gupta S/oLate Ram Nath R/o 46/133 A, Old Laskar Line,Baihrana, Allahabad. Aged about 54 years

58. Madan Swaroop Srivastava S/o Shri-Gyanendra Prakash Srivastava R/o Flat. No.P-01/1, Vasant Vihar Apartment, 89/276, Muir Road Allahabad. Aged about 49 years

59. Dinesh Chandra Chopra S/o Shri- Mohan Lal Chopra R/o 2/5, Alopibagh, Panjabi Colony,Allahabad. Aged about 49 years

60. Desh Deepak Goswami S/o Late K.K.Goswami R/o 9/7,Panjabi Colony, Alopibagh, Allahabad. Aged about 50 years

61. Ved Prakash Singh S/o Late Shri Ram Bharose Singh R/o R.K.-84 Kalindipuram,Allahabad. Aged about 47 years

62. Umesh Chandra S/o Late Ram Dulare R/o 593/2B/1 Nai Basti Kydganj, Allahabad. Aged about 53 years

63. Vipin Vihari Singh S/o Late Shiv Kumar Singh 8 R/o 677/7, Chak Raghunath, Jhilmil Colony, Naini, Allahabad. Aged about 54 years

64. Smt.Manjula Srivastava W/o Shri- Prakash Srivastava R/o 87/44 Tula Ram Bagh Allahabad.

Aged about 56 years

65. Shri Prakash singh S/o Late Ram Janki Singh R/o 485,Rajrooppur Allahabad. Aged about 54 years

66. Ram Kailash Pandey S/o Shri Ram Dular Pandey R/o villege- Buranpur, Post Ismailganj, Allahabad. Aged about 58 years

67. Amrit Lal Jaiswal S/o Late R.D.Jaiswal R/o 106 Bai Ka Bagh , Allahabad. Aged 57 Years.

68. Surendra Kumar Gupta S/o Late T.N.Gupta R/o 3B/1E George Town, Allahabad. Aged about 55 Years.

69. Raj Kumar S/o Late Shri- Shyam Lal R/o 128/6 A/1 Bhola Ka Pura, Preetam Nagar, Dhoomanganj,Allahabad Aged 57 years

70. Rajiv Kumar Saxena S/o Late Shri-Hari Shankar Saxena R/o 17 A/19 C, Circular Road, Allahabad. Aged years

71. Maharani din Gupta S/o Late Kedar Nath Gupta R/o 1237/23/47/122 Kidwai Nagar Allapur, Allahabad. Aged about 64 years

72. Ram Suresh Tiwari S/o Shri- Surya Bhushan Tiwari 9 R/o S-401,Sumitra Niwas, 21/3 Lajpat Rai Road, New Katra, Allahabad. Aged about 53 years

73. Rajdeep Bajpai S/o Late S.B.Bajpai R/o 222 M/7 M/1K, chakniratul, Jagmal ka Hata,Allahabad. Aged about 50 years

74. Avinash Kumar Pandey S/o Shri- P.S. Pandey R/o 1 Hesting Road, Tandon Complex, Allahabad. Aged about 55 years

75. Rajani Kant Vidhyarthi S/o Late Shambhu Prasad R/o 247 A/6 A//7 N Om Gayatri Nagar, Allahabad. Aged about 46 years

76. Niyaz Ahmad Kumar Srivastava S/o Late Shri-Rafiq Ahmad. R/o P-519, Ghaus Nagar, Kareli, Allahabad.

Aged about 58 years

77. Ganga Ram S/o Late Sh. Gurdayal R/o 77/Type-III,Kendranchal Colony, Begam Sarai,Near Mundera Mandi, Allahabad. Aged about 58 years

78. Rama S/o Late Hari Lal R/o 133 B/2 A Abubakarpur, Dhoomanganj, Allahabad. Aged about 57 years

79. Alok Kumar Pathak S/o Shri - Jaya Kant Pathak R/o Qtr. No.64/ Type-III/ Phase-I, Kendranchal Colony Preetam Nagar, Allahabd. Aged about 55 years

80. Satish Chandra Khare S/o Late Durga Prasad Khare R/o Sector -G, 103, Shantipuram Colony, Phaphamau, Allahabad.

Aged 61 years 10

81. Hari Ram Rajak S/o Late Laxman R/o EWS Plot No. 61 & 62 Deo Prayagam, ADA Colony, Jhalawa, Allahabad.

82. Shripal Singh S/o Late Ram Singh R/o Rajapur, Allahabad. Aged about 58 years

83. Ashok Kumar Singh S/o Shri-Chhatradhari Singh R/o 130 K/5 J Bhola Ka Pura, Allahabad. Aged about 52 years

84. Hoti Lal Rathore S/o Shri- Ram Singh Rathore R/o EWS-148, ADA Colony Preetam Nagar, Dhoomanganj, Allahabd. Aged about 56 years

85. Bhupendra Singh Negi S/o Shri- K.S.Negi R/o 3B/1 A, A.N. Jha Marg, George Town, Allahabad. Aged about 52 years

86. Chandra Mani Shukla S/o Late K.P.Shukla R/o Villege-Chandauhan, Post-Umri Via Sahson, Allahabad. Aged about 55 years

87. Anoop Kumar Tandon S/o Shri- Ram Nath Tandon R/o Aqama Aprtment, 96 B Lukerganj, Allahabad. Aged about 57 years

88. Satendra Kumar S/o Late Mahesh Prasad R/o 28B/52 B Allapur, Allahabad. Aged about 60 years

89. Arun Kumar S/o Sri Satguru Lal R/o 628/2B Ram Chandpur, Salori, Allahabad Aged about 55 years 11

90. Babu Ram Sharma S/o Hari Lal R/o 6/323 Awas Vikas Colony, Jhunshi, Allahabad Aged about 59 years

91. K.M. Sudha Dwivedi S/o P.S. Dwivedi R/o 157A/1A Tilak Nagar Allahabad Aged about 59 years

92. Ram Chandra S/o Late Musai R/o IA/17 Ram Priya Road. Prayog, Allahabad Aged about 58 years

93. Dinesh Kumar Gupta S/o Sri Ram Chandra Gupta R/o 1020, Bahadin Ganj (G.T. Road), Allahabad Aged about 58 years

94. Prem Pal Shrma S/o Late Shri Prakash Chandra Sharma R/o 72-N Madhuban Vihar Colony Umerpur Neewan, Dhoomanganj, Allahabad Aged about 55 years

95. Manoj Kumar Gupta S/o Late Ram Adhar Pd R/o 168, Type III, Rendranchal Colony, Allahabad Aged about 56 years

96. Sheo Dhani Vimal S/o Late Shri Puru R/o 132A/1, Abubanon pur, Dhoomanganj, Allahabad Aged about 58 years

97. Mata Amber Gupta S/o Late Vikramjeet Gupta R/o Village Samogra Post Bighna, Allahabad Aged about 61 years (By Advocate: Shri Ajesh Luthra ) Versus

1. The Comptroller & Auditor General of India 9, Deen Dayal Upadhyay Marg, New Delhi 12

2. Union of India, Through its Secretary, Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pension, North Block, New Delhi ...Respondents (By Advocate:Shri Hanu Bhaskar) Order (Oral) By Hon'ble Mr.Justice Syed Rafat Alam, Chairman By means of this application filed under Section 19 of the Administrative Tribunals Act, 1985 the applicants have sought a relief for giving them grade pay of Rs.5400/- w.e.f. 01.09.2008.

2. When the matter was taken up on 23.09.2015, Shri Hanu Bhaskar, learned counsel appeared and accepted notice on behalf of respondents and was granted three days' time to examine the matter as to whether this matter may be disposed of in terms of the order of the coordinate bench of this Tribunal dated 03.08.2015 in OA No.2823/2015 and other connected matters. Thereafter, it was again adjourned on 28.09.2015 on the request made on behalf of learned counsel for the respondents.

3. We have heard Shri Ajesh Luthra, learned counsel for the applicant and Shri Hanu Bhaskar, learned standing counsel for respondents and also perused the aforesaid order of this coordinate bench dated 03.08.2015 in the aforesaid OA.

4. It appears that the applicants have made various representations on various dates and admittedly the same have been rejected by the impugned order dated 23.03.2015. From a perusal thereof it is apparent that the various pronouncements of this Tribunal on the issue have not been taken note of while rejecting the representations of the applicants and the representation is rejected by simply stating that the judgment in OA No.966 & 967 of 2009 of the Chennai Bench relied upon by 13 the applicant cannot be treated as universal and extended to similarly placed persons.

5. Learned counsel for the applicants urged that in similar circumstances, the representation was rejected on this very ground and the Tribunal vide order dated 03.08.2015 in OA No.2823/2015 directed the respondents to reconsider the matter in the light of the aforesaid order and pass a reasoned order expeditiously.

6. Learned standing counsel, however, fairly stated that this matter may be disposed of in similar terms with direction to the respondents to examine the grievance afresh in the light of the aforesaid judgment.

7. In view of the above and also to maintain parity, we dispose of this matter with the direction to the respondents to consider the matter afresh in the light of the aforesaid judgment and take a final decision in accordance with law expeditiously preferably within a period of four months from the date of receipt of a certified copy of this order. It is made clear that we are not going into the merits of the matter and it is for respondents to examine and address on the issue whether the grievance of the applicants is squarely covered by the aforesaid judgment of Chennai Bench or not. It goes without saying that in the event the applicants are found entitled for the same relief the necessary consequential order would be passed. The application stands disposed of, with the aforesaid directions.





(P.K.Basu)                                                       (Syed Rafat Alam)
Member (A)                                                            Chairman


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