Central Administrative Tribunal - Ernakulam
M.C.Vinod vs Union Of India Represented By The ... on 18 October, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A.No.66/12
Friday this the 18th day of October 2013
C O R A M :
HON'BLE Mr.GEORGE PARACKEN, JUDICIAL MEMBER
HON'BLE Mr.K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
M.C.Vinod,
S/o.N.V.Chakrapani,
Station Officer, INS Zamorin, Ezhimala,
Naval Academy P.O., Cannanore - 670 310.
Permanent Address : C/o.Jeevan M.C.,
Meppanaparambil House, Thekkumbhagam,
Tripunithura P.O., Ernakulam District - 682 301. ...Applicant
(By Advocate Mr.T.C.Govindaswamy)
V e r s u s
1. Union of India represented by the Secretary
to the Government of India, Ministry of Defence (Navy),
South Block, New Delhi - 110 011.
2. The Chief of the Naval Staff,
Integrated Headquarters (for P&A),
Ministry of Defence (Navy), 'C' Wing,
Sena Bhavan, New Delhi - 110 011.
3. The Flag Officer Commanding-in-Chief,
Headquarters Southern Naval Command,
Naval Base, Cochin - 682 004.
4. The Commanding Officer,
INS Zamorin, Ezhimala, Naval Academy P.O.,
Cannanore - 670 310. ...Respondents
(By Advocate Mr.Sunil Jacob Jose,SCGSC)
This application having been heard on 18th October 2013 this
Tribunal on the same day delivered the following :-
O R D E R
HON'BLE Mr.GEORGE PARACKEN, JUDICIAL MEMBER The applicant, who belongs to the Fire Fighting Staff under the 3rd and 4th respondents, has filed this O.A seeking the following reliefs :-
1. Declare that the applicant is entitled to have his pay revised to PB-1 + Rs.2800/- with effect from 1.1.2006 and direct the respondents accordingly.
2. Declare that the applicant is entitled to be granted the 2nd financial upgradation under the MACPS in PB-2 + Rs.4200/- with effect from 18.7.2011 and direct the respondents accordingly.
3. Direct the respondents to grant the applicant the Pay Band of Rs.5200-20200/- + GP of Rs.2800/- as the 1st financial upgradation under the ACP Scheme, with effect from 1.1.2006, and direct further to grant consequential arrears of pay and allowances arising there from.
4. Direct the respondents to grant the applicant the Pay Band of Rs.9300-34800/- + GP of Rs.4200/- as the 2nd financial upgradation under the MACPS, with effect from 18.7.2011 and direct further to grant consequential arrears of pay and allowances arising there from.
5. Award costs of and incidental to this application.
6. Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case.
2. The respondents have filed their reply stating that the applicant is not entitled for the aforesaid reliefs.
3. However, today when the matter was taken up for hearing, learned counsel for the applicant has produced a copy of the letter No.CP(P)/ 8416/FFS/US(MP/D(N-II)/2013 dated 10.4.2013 issued by the Ministry of Defence regarding grant of upgraded pay scales to the Fire Fighting Staff in Navy as per VI CPC recommendations. The said letter is reproduced as under :-
To The Chief of the Naval Staff, New Delhi.
Subject : GRANT OF UPGRADED PAY SCALES TO THE FIRE FIGHTING STAFF IN NAVY AS PER VI CPC RECOMMENDATIONS.
Sir, I am directed to refer to the Para 3.8.12 of the VI CPC Report and Part-B, Section II, Serial No.VII of the CDS(RP) Rules, 2008 and Para 3 of Ministry of Defence letter No.2(1)/ 2009-D(Civ-I) dated 26th July 2010 and to convey sanction of the President to the grant of upgraded pay scales to the Fire Fighting staff in Navy as under :-
Sl.No. Pre-revised Pre-revised Nomenclature as Revised pay Nomenclature pay scale per CDS(RP) scale Rules,2008
(a) Fire Engine Driver-I 3050-4590 Fire Engine Drivers PB-1; GP
(b) Fire Engine Driver-II 3050-4590 Rs.2000 These orders will be effective from 1.1.2006. The initial pay fixation as on 1.1.2006 will be done in accordance with note 2 below Rule 7 of the CDS(RP) Rules, 2008.
This issues with the concurrence of Ministry of Finance (Expenditure) vide I.O.No.2(9)/E.III Desk/2008 dated 8th March 2013 and Ministry of Defence (Finance) vide their ID No.11(9)/ 2012/NA dated 11th March 2013.
Yours faithfully, Sd/-
Dibakar Mishra Under Secretary to the Government of India.
4. In view of the aforesaid letter granting upgraded pay scales to the Fire Fighting Staff in the Navy, learned counsel for the applicant has submitted that the applicant will be satisfied if the OA is disposed of by permitting him to make a representation to the respondents for the implementation of the aforesaid letter in his case also. Learned counsel for the respondents has no objection in disposing the OA in the aforesaid lines.
5. We, therefore, dispose of this OA with liberty to the applicant to make a representation to the respondents for considering him also for sanctioning the upgraded pay scales. We further direct the respondents that on receipt of such a representation the same shall be considered and disposed of and if the applicant is entitled for the same he shall also be given the upgraded pay scales as applicable to the Fire Fighting Staff in the Navy as contained in the aforesaid letter. In any case, the applicant shall be given a reasoned and speaking order within a period of two months from the date of receipt of a copy of the representation. There shall be no order as to costs.
(Dated this the 18th day of October 2013) K.GEORGE JOSEPH GEORGE PARACKEN ADMINISTRATIVE MEMBER JUDICIAL MEMBER asp