Central Administrative Tribunal - Delhi
Phool Singh vs Ndmc on 28 January, 2022
1
Item No. 7 O.A. No. 188/2022
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 188/2022
M.A. No. 202/2022
This the 28th day of January, 2022
Through Video Conferencing
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Phool Singh (Retired), (Group 'B')
S/o Shri Shiv Charan,
aged about 60 years,
R/o Village and Post Office Alawalpur,
Tehsil Palwal, Distt. Palwal,
Haryana - 121102
2. Amita Gulati (Aged 54 years) (Group 'B')
W/o Mr. Mr. Sanjay Gulati
R/o 55, Laxmi Vihar Apartments,
H-3 Block, Vikas Puri,
New Delhi - 110018
3. Saroj Bala (Aged 54 years) (Group 'B')
W/o Shri Suresh Kumar Dahiya
R/o G-4187, Sector - 11, Rohini,
Rajapur Kalan, Rohini Sector-7
North West Delhi - 110085
4. Deshraj Singh (Aged 55 years) (Group 'B')
S/o Shri Karan Singh
R/o Village Gopal Pur,
House No. 125, Main Road,
Gopal Pur, Delhi - 110009
5. Shakuntla (Age 52 years) (Group 'B')
W/o Satish Dagar
R/o Village Samash Pur Khalsa,
Post Office UJJWA,
New Delhi. ...Applicants
(By Advocate: Ms. Harvinder Oberoi )
Versus
1. The Chairman
New Delhi Municipal Council,
2
Item No. 7 O.A. No. 188/2022
Palika Kendra (3rd Floor)
Parliament Street
New Delhi - 110001
2. The Secretary,
New Delhi Municipal Council
Palika Kendra (3rd Floor)
Parliament Street
New Delhi - 110001
3. Director (Personnel)
New Delhi Municipal Corporation
Palika Kendra (5th Floor)
Parliament Street
New Delhi - 110001
...Respondents
(By Advocate: Ms. Sriparna Chatterjee )
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman MA No.202/2022 This MA has been filed by the applicants under Rule 4(5) of CAT (Procedure) Rules, 1987 for joining together in a single O.A. For the reasons stated therein, the MA is allowed and the applicants are permitted to join in a single OA.
O.A. No. 188/2022
2. This OA has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief(s) :-
"(a) Call for the records of the case
(b) Direct respondents to implement the order dated 17.07.2019 in case of applicants by granting them DTL pay scales with effect from 01.04.1972.3 Item No. 7 O.A. No. 188/2022
(c) Accord all consequential benefits
(d) Award costs of the proceedings; and
(e) Pass any other order/direction which this Hon'ble Tribunal deem fit and proper in favour of the applicant and against the respondent in the facts and circumstances of the case."
3. Through this OA, the applicants have prayed for a direction to the respondents to implement the order dated 17.07.2019 in case of the applicants by granting them DTL pay scales with effect from 01.04.1972.
4. Ms. Harvinder Oberoi, learned counsel appearing on behalf of the applicants submitted that the issue involved is already settled by the Hon'ble High Court vide order dated 04.10.2018 in W.P. (C) No. 340/2011 & C.M. Appl. No. 634/2011 and W.P (C) No. 2337/2013 & C.M Appl. No. 4421/2013, whereby while dismissing the writ petitions, a direction was issued to the respondents to give effect to the Tribunal's order within 10 weeks from that day and to pass individual pay fixation and fitment orders. Accordingly, learned counsel for the applicants prayed that since the applicants are similarly situated, their cases may also be considered in the light of the aforesaid decision of the Hon'ble High Court of Delhi. 4 Item No. 7 O.A. No. 188/2022
5. Learned counsel for the applicants further submitted that the applicants made several representations dated 10.01.2020, 11.08.2000, 07.08.2020 and legal notice dated 26.07.2021, sent through Speed Post. As the representations as well as the legal notice were unanswered, the applicants made an application under RTI Act to know the status of their representations, wherein it was replied that the representations/reminders of the applicants have been processed from time to time and are under consideration with the Department. Therefore, learned counsel for the applicants prayed for expeditious disposal of the representations made by them.
6. Ms. Sriparna Chatterjee, learned counsel appearing on behalf the respondents raised no objection to the prayer made by the applicants' counsel.
7. In the facts and circumstances, we deem it fit and proper to dispose of the O.A., at the admission stage itself, without going into the merits of the case, by directing the respondents to consider the aforesaid pending representations of the applicants and to take a final decision thereon; and to pass a reasoned and 5 Item No. 7 O.A. No. 188/2022 speaking order, as early as possible, and in any case not later than two months from the date of receipt of a copy of this order. It is made clear that if the applicants are found similarly situated to the respondents before the Hon'ble High Court, the respondents are directed to extend the similar benefits to the applicants herein also, otherwise whatever decision is arrived at by the respondent authority, that shall be communicated to the applicants forthwith.
There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
/jyoti/Mbt