Central Administrative Tribunal - Delhi
All Presently Working In Esi ... vs Union Of India on 18 January, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA No.3221 of 2010 New Delhi this the 18th day of January 2011 Honble Shri Shailendra Pandey, Member (A) Honble Dr. Dharam Paul Sharma, Member (J) Anita Yadav, W/o Jeet Ram Yadav Sosamma Mony, W/o Mony Thomas Deepak Massey, S/o Late James Massey Biji Jose, W/o Jose Verghese Ajit Kumar Lakra S/o Late Tontus Lakra Ravinder Kumar S/o Sh. Ram Chander Rajender Kumar S/o Sh. Maha Singh Bhim Singh S/o Late Sh. Jiwan Ram Shabnam Sharma W/o Sh. R.K. Sharma Prakash Chand S/o Shri Piundi Ram Rama Kumari Kanojia W/o Sh. Manish Kumar Kanojia Harbir Singh S/o Randheer Singh Hari Om Diwakar S/o Sh. Nagpal Singh Jaipal Singh S/o Late Sh. Hardev Singh Pramod Kumar S/o Late Sh. Jagdish Prasad Renu Bala Gera W/o Sh. Naresh Gera Gurmeet Kaur W/o Sh. Surender Singh Sarbjeet Kaur W/o Mohan Seth Manju Kukreti W/o Dinesh Chandra Kukreti Vinod Kumar s/o Sh. Nirbhay Singh Balraj S/o Sh. Dharam Singh Sarita Baxla W/o Oscar Baxla Shashi Babra W/o Sh. Omprakash Sushma Negi W/o Rakesh Negi Sunil Kaur W/o Jagdish Chander Sheela Aggarwal W/o Sh. R.N. Aggarwal Santosh Devi W/o Kamraj Suresh Ku. Rithalia S/o Sh. Hosiyar Singh Meghraj S/o Late Sh. Jagat Ram Mukesh Kumar S/o Sh. Raja Ram Narender Kumar S/o Sh. Chander Singh Balwan Singh S/o Sh. Nathu Pushpa Amankar W/o Ajay Amnkar Harender Singh S/o Sabar Singh Mukesh Joshi W/o Late J.P. Joshi Sukhvinder Kaur w/o Navneet Singh Anand Singh S/o Kripal Singh Kumer Singh S/o Late Mohan Singh Aliyamma Johny w/o M.M. Johny Josphin Kindo W/o Anil Kumar Kindo Renu Yadav w/o Virender Kumar Thresiamma Jacab w/o Jacob Thomas Kameshwar Pd. Singh s/o Ram Prasad Singh Tirathpal S/o Late Sh. Tika Ram Madhu Sudan Sharma s/o Shri Ram Niwas Sharma Seema Rani w/o Bhupender Kumar Tyagi Manoj Simon s/o W. Simon Satyadev Singh S/o Niranjan Singh Digambar Dutt s/o Late Ganga Dutt Mamta Sarova w/o Vipin Biswas Gyan Chand s/o Khazan Singh K.C. Kumar s/o K.V. Kumar Hemant Kumar s/o R.K. Mahto Tejpal Singh S/o Sh. Darshan Lal Krishan Kumar s/o Sh. Jagdish Saran Sharma M.M. Shola s/o M.A. Shakur Madan Lal s/o Hukam Chand Vijay James s/o Sh. D.B. James Geetha R. Nair w/o Reghunathan Nair All presently working in ESI Hospital/Dispensary Basai Dara Pur, New Delhi. All applicants are working as Lab. Assistants. .... Applicants ( By Advocate Shri Ranbir Yadav ) VERSUS 1. Union of India Through its Secretary, Ministry of Labour Sharam Shastri Bhavan, Rafi Marg, New Delhi. 2. Director General ESI Head Quarter, Panchdeep Bhavan, C.I.G. Road, New Delhi-110002. 3. Secretary, Department of Expenditure Ministry of Finance, North Block, New Delhi. 4. Secretary, Department personals Training, North Block, New Delhi. 5. Director (Medical) Delhi Delhi Branch ESI, Basai Dara Pur, New Delhi .. Respondent ( By Advocate Shri Amrita Prakash for Ms. Rekha Palli for R-2 and R-5, None for Respondent no.1, 3 and 4) O R D E R Dr. Dharam Paul Sharma, Member (J) :
The applicants are working as Lab. Assistants in the Employees State Insurance Hospitals (in short ESI Hospital). They have filed this Application jointly seeking benefit of the order passed by this Tribunal in OA 1114/2008 on 19.2.2009 in the matter of Anil Kumar Kalra and others vs. Union of India and others on the ground of being similarly placed. This Tribunal has granted to the applicants in OA 1114/2008 the pay scale of Rs.4000-6000 w.e.f. 1.1.1996 as against the pay scale of Rs.3200-4900 and that was being given to them by the respondents Corporation. The applicants herein claimed that they are also Lab. Assistants belonging to the same cadre and are similarly placed in all manner, and also working in the same hospitals, it has been contended by the applicants that the respondents Corporation could not have two set of pay scales in the cadre of Lab. Assistant one for some and another for others. It has been pointed out that the respondents Corporation has challenged the order of this Tribunal referred to above in appeal. The operation of this Tribunals order was not stayed by the Delhi High Court. The respondents Corporation has implemented the order in favour of the applicants therein, of course, subject to the final outcome of the Writ appeal. There is no reason why the applicants herein should not be extended the same treatment as has been extended to their other counter parts in the same cadre. After having failed to obtain any favourable response from the respondents, inspite of making repeated representations in the matter, the applicants herein filed OA 1739/2010 seeking the benefit of the order dated 19.2.2009 passed by this Tribunal in OA NO.1114/2008 with all consequential benefits. This OA, viz., OA 1739/2010 was disposed of vide order dated 25.5.2010 with the directions to the respondents to ascertain if the applicants are similarly placed as the applicants in OA 1114/2008 and consider the claim of the applicants by passing a reasoned and speaking order on the representations of the applicants. In compliance of these directions, the respondents have passed order dated 27.7.2010, a copy of which is at Annexure P/1 at pages 42-44 of the paper book. The said order inter alia states that since the matter is sub judice, the higher pay scale is not being permitted to the other Lab. Assistants, including the applicants in the OA 1739/2010. The respondents have specifically not gone into the question whether the applicants are similarly placed as the applicants in OA NO.1114/2008. By necessary implication as is evident from the tenor of the said order, the applicants herein are similarly placed as the applicants in earlier OA No.1114/2008 being both belonging to same cadre in the same organization subject to the same terms and conditions. It is relevant to note in this regard that the applicants in OA No.1114/2008 were also seeking directions to the respondents to extend the benefit of the Order of this Tribunal dated 13.1.2004 passed in OA 1464/2003 and to grant them the pay scale of Rs.4000-6000 w.e.f. 1.1.1996 along with all consequential benefits. Besides OA No.1464/2003, similar benefits have been granted by this Tribunal in number of OAs, namely, OA Nos.1253/2002, 1401/2006, 825/2007 and 1145/2002 granting the said pay scales to the Lab. Assistants. The claim of the applicants in OA 1464/2003 was opposed by the respondents inter alia on the ground that the Order passed by this Tribunal in OA 1401/2006 has not been implemented though in all other OAs directions have been implemented. The final decision in the said OA was sought to be deferred pending decision of the Writ Petitions before the Delhi High Court. Writ Petition (Civil) No.4377/2007 filed against the order in OA 1401/2006 was referred to in this regard. This however did not find favour with this Tribunal in OA No.1114/2008.
2. In these facts and circumstances and for parity of reasons, we allow this Original Application in the same terms as in OA No.1114/2008. Accordingly, impugned order dated 27.7.2010 is quashed and set aside. Let the applicants be paid the pay scale as mentioned above with arrears that they might be entitled to within a period of two months from the date of receipt of a certified copy of this order.
(Dr. Dharam Paul Sharma) (Shailendra Pandey)
Member (J) Member (A)
/ravi/