Central Administrative Tribunal - Delhi
Posted At vs Union Of India on 4 April, 2014
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.1156/2014
Wednesday, this the 4nd Day of April, 2014
Honble Mr. G George Paracken, Member (J)
Honble Mr. Shekhar Agarwal, Member (A)
H.P. Srivastava
Scientist-F (Retd.)
S/o Sh. J.P. Srivastava,
R/oC-5 Andrewsganj Ext.
New Delhi-110049.
Posted at
NIC H.Q.,
CGO Complex,
New Delhi. Applicant
(By Advocate: Shri R.K. Kapoor and Ms. Shiwani Mahipal)
Versus
1. Union of India, through the Secretary
Department of Electronics and Information Technology (DeitY), Ministry of Communications &Information Technology,Govt. of India,
Electronics Niketan, 6, CGO Complex,
Lodhi Road, New Delhi.
2. The Director General, National Informatics Centre,
Department of Electronics and Information Technology,
Govt. of India, A Block, CGO Complex,
Lodhi Road, New Delhi.
3. The Secretary, Ministry of Personnel,
Public Grievances & Pensions,
(Department of Personnel & Training),
Govt. of India, New Delhi.
Respondents
ORDER (ORAL)
G. Geroge Paracken, Member (J) This Original Application has been filed by the applicant seeking the following reliefs:-
(a) direct the respondents to consider and grant the benefit of FCS to the Applicant, from Scientist Grade D to E w.e.f. 01-01-1997 and Scientist Grade e to F w.e.f. 01-01-2002 and from Scientist Grade F to G w.e.f. 01-01-2009 with with all consequential benefits in the subsequent grades as well, and to suitably modify the dates of in situ promotions by antedating the same from the dates when the eligibility period was completed by the Applicant in his respective grades as per the details of the Applicant regarding his dates of eligibility to the respective Grade, actual date of in situ promotion to the said Grade and the dates w.e.f. it should have been granted, as mentioned in the CHART annexed as Annexure A-6 with the OA.
(b) direct the respondents to consider and grant the benefit of FCS to the Applicant, with all consequential benefits in the subsequent grades as well, and to suitable modify the dates of in situ promotions by antedating the same from the dates when the eligibility period was completed by the Applicant in the light of the orders of Honble Supreme Court dated 02.05.2011 as passed in S.L.P. (Civil)-6864/2011 titled as U.O.I. vs. S.K. Murti in view of the provisions of Articles 141 and 144 of the Constitution of India, and the clarification given by the Ministry of Law;
(c) direct the respondents to maintain uniformity in application of minimum residency period in all the grades;
(d) any other relief/order which this Honble Tribunal deems fit and proper in the facts and circumstances of the case may also be passed in favour of the applicants and against the respondents.
2. Learned counsel for the applicant has submitted that this case is identical to OA No.1895/2013 and OA No.700/2014 which were disposed of by this Tribunal vide its common Order dated 2.4.2014 in which the following order has been passed by this Tribunal:
These two Original Applications are identical. For the sake of convenience, reliefs sought by the applicants in OA No.1895/2013 are reproduced as under:
(a) direct the respondents to consider and grant the benefit of FCS to the Applicants, with all consequential benefits in the subsequent grades as well, and to suitably modify the dates of in situ promotions by antedating the same from the dates when the eligibility period was completed by the respective Applicants in the respective grades as per the details of the Applicants regarding their dates of eligibility to the various Grade, actual date of in situ promotion to the said Grade and the dates w.e.f. it should have been granted, as mentioned in the CHART annexed as Annexure A-9 with the OA.
(b) direct the respondents to consider and grant the benefit of FCS to the applicants, with all consequential benefits in the subsequent grades as well, and to suitable modify the da5tes of in situ promotions by antedating the same from the dates when the eligibility period was completed by the respective Applicants in the light of the orders of Honble Supreme Court dated 02.05.2011 as passed in S.L.P. (Civil)-6864/2011 titled as U.O.I. vs. S.K. Murti in view of the provisions of Articles 141 and 144 of the Constitution of India, and the clarification given by the Ministry of Law;
(c) direct the respondents to maintain uniformity in application of minimum residency period in all the grades;
(d) any other relief/order which this Honble Tribunal deems fit and proper in the facts and circumstances of the case may also be passed in favour of the applicants and against the respondents.
2. The respondents have filed their reply.
3. We have gone through the submissions made by the counsel for the parties. We have also perused the documents available on record.
4. It is seen that these cases are squarely covered by an earlier order of this Tribunal dated 21.02.2014 in OA No.1809/2013 Iqbal Hasan and Ors. Vs. Union of India & Ors. The applicants in that case and applicants in these cases are identically placed. The answering respondent in the said case is also the The Director General, National Informatics Centre, Department of Electronics and Information Technology, Government of India, A-Block, CGO Complex, Lodhi Road, New Delhi. The relief sought by them in the said OA are also identical and they are reproduced as under :-
(a) Direct the Respondents to consider and grant the benefit of FCS to the Applicants, with all consequential benefits in the subsequent grades as well, and to suitably modify the dates of in situ promotions by antedating the same from the dates when the eligibility period was completed by the respective Applicants in the respective grades as per the details of the Applicants regarding their dates of eligibility to the various Grade, actual date of in situ promotion to the said Grade and the dates w.e.f. it should have been granted, as mentioned in the CHART annexed as Annexure A-6 with the OA;
(b) Direct the Respondents to consider and grant the benefit of FCS to the Applicants, with all consequential benefits in the subsequent grades as well, and to suitably modify the date of in situ promotions by antedating the same from the dates when the eligibility period was completed by the respective Applicants in the light of the orders of Honble Supreme Court dated 02.05.2011 as passed in SLP (Civil) No.6864/2011 titled as U.O.I. Vs. S.K. Murti in view of the provisions of Articles 141 and 144 of the Constitution of India, and the clarifications given by the Ministry of Law; and (c ) Direct the Respondents to maintain uniformity in application of minimum residency period in all the grades.
5. The operative part of the said order reads as under :-
6. We have heard the learned counsel for the parties. We agree with the learned counsel for the Applicants that this case is squarely covered by the judgment of the Apex Court in the case of S.K. Murti (supra) as followed by this Tribunal in OA No. 1111/2012 - Vinay Kumar (supra). We, therefore, allow this OA and direct the Respondents to consider granting benefit of promotion to the Applicants as prayed for by them as extracted earlier in para 2 of the order from the due date with all consequential benefits of pay fixation and payment of arrears as directed by Honble Supreme Court in the case of S.K. Murti (supra). The aforesaid direction shall be implemented within a period of six weeks from the date of receipt of a certified copy of this order.
7. There shall be no order as to costs.
6. In view of the above position, these OAs are allowed. Accordingly, we direct the respondents to consider cases of the applicants for grant of benefit of FCS, as prayed for by them in these OAs from the due date with all consequential benefits or pay fixation and payment of arrears as already directed by the Honble Supreme Court in the case of Union of India & Anr. Vs. S.K. Murti in SLP(Civil)-6864/2011.
7. The aforesaid directions shall be implemented within a period of six weeks from the date of receipt of a certified copy of this order. No costs.
3. In view of the above position, we dispose of this OA at the admission stage itself by issuing the same directions as issued in the aforesaid OAs. Accordingly, we direct the respondents to consider cases of the applicant for grant of benefit of FCS, as prayed for by him in this OA from the due date with all consequential benefits or pay fixation and payment of arrears as already directed by the Honble Supreme Court in the case of Union of India & Anr. Vs. S.K. Murti in SLP(Civil)-6864/2011.
4. The aforesaid directions shall be implemented within a period of six weeks from the date of receipt of a certified copy of this order. No costs.
( Shekhar Agarwal) ( G. George Paracken )
Member(A) Member (J)
/ravi/