Central Administrative Tribunal - Chandigarh
Jai Dev S/O Sh. Devi Dayal vs Postgraduate Institute Of Medical ... on 24 April, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATIONS N0. 060/00289/2016
Chandigarh, this the 24th day of April, 2017
CORAM:HONBLE MR. JUSTICE M.S. SULLAR, MEMBER (J) &
HONBLE MR. UDAY KUMAR VARMA, MEMBER (A)
1. JAI DEV S/O SH. DEVI DAYAL, HOSPITAL ENGINEER (EXECUTIVE ENGINEER) (ELECTRICAL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH, GROUP-A.
2. CECIL AKHAI S/O LATE SH. CYRIL AKHAI, FORMER HOSPITAL ENGINEER (EXECUTIVE ENGINEER) (REF & AIR-CONDITIONING), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
3. SANJEEV KALIA S/O LATE SH. D.N. KALIA, ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (CIVIL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
4. GUNA NAND S/O SH. BISHAMBER DUTT SEMWAL, ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (ELECTRICAL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
5. VINOD CHOPRA S/O SH. G.S. CHOPRA, FORMER HOSPITAL ENGINEER (EXECUTIVE ENGINEER) (BIOMEDICAL) DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
6. ABDUL REHMAN S/O LATE SH. AZIZ MOHAMMAD, FORMER ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (ELECTRICAL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
7. HEM RAJ SINGH S/O LATE SH. BAKHTAWAR SINGH, FORMER ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (HORTICULTURE), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
8. SANJEEV SHARMA S/O SH. D.K. SHARMA, ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (REF. & AIR-CONDITIONING), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
9. SHAMSHER SINGH HOODA S/O SH. AMAR SINGH HOODA, ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (PLANNING), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
10. RAJAN AGGARWAL S/O SH. BALDEV KRISHAN AGGARWAL, ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (CIVIL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATEE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
11. PREM CHANDRA S/O SH. SATYA NARAYAN, ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (CIVIL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
12. SANJEEEV SHARMA S/O SH. R.C. SHARMA, HOSPITAL ENGINEER (EXECUTIVE ENGINEER) (BIOMEDICAL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
13. GURNAM SINGH S/O SH. SUCHA SINGH, ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (BIOMEDICAL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
14. TEJINDER SINGH S/O SH. KARNAL SINGH, ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (HORTICULTURE), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
15. PREM SAGAR DHINGRA S/O SH. K.C. DHINGRA, FORMER ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (ELECTRICAL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
16. SUSHIL KUMAR S/O SH. LAL CHAND, ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (CIVIL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
17. JASMER SINGH S/O SH., RATTAN SINGH, FORMER ASSISTANT ENGINEER (SUB DIVISIONAL ENGINEER (ELECTRICAL), DEPARTMENT OF HOSPITAL ENGINEERING AND PLANNING, POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH.
APPLICANTS
(Argued by : Mr. Karan Singla, Advocate)
VERSUS
1. POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION & RESEARCH, SECTOR-12, CHANDIGARH THROUGH ITS DIRECTOR
2. UNION OF INDIA THROUGH SECRETARY TO GOVT. OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS, DEPARTMENT OF PERSONNEL AND TRAINING, NORTH BLOCK, NEW DELHI-110001.
. RESPONDENTS
(Argued by : Mr. Sanjay Goyal, Advocate for R.No.1
Mr. K.K. Thakur, Advocate for R.No.2).
ORDER (Oral)
JUSTICE M.S. SULLAR, MEMBER (J)
1. Applicants Jai Dev Son of Devi Dayal & others, have preferred the instant Original Application (OA), challenging the validity of the impugned order / letter dated 31.3.2016 (Annexure A-15), whereby the respondents have withdrawn the grade pay of Rs.6600/- and Rs.8700/-, granted to them under Modified Assured Career Progression (MACP) Scheme of 2009, in the pay band/grade pay of defined promotional hierarchy, in the cadre.
2. On the contrary, initially the respondents have refuted the claim of the applicants and filed the written statement, stoutly denying all allegations and grounds, contained in the OA, and prayed for its dismissal.
3. At the very outset, learned counsel for the parties, are at ad-idem, that the controversy involved in the instant OA, is directly and substantially in issue, in a bunch of SLPs connected with main SLP ) No.21803 of 2014 titled Union of India Vs. M.V. Mohanan Nair etc. in which notices have been issued and operation of the impugned orders (therein) have been stayed, vide order dated 8.8.2014, by the Honble Apex Court. The judgment would have a direct and substantial effect on the issue in hand. Thus, they fairly submitted that in this view of the matter, the present OA be disposed of at this stage, with liberty to the applicants to file a fresh OA, on the same cause of action, after the decision of the above mentioned SLPs, by the Honble Supreme Court.
4. Therefore, the instant OA is disposed of, at this stage, to enable the applicants to file a fresh OA, on the same cause of action, without prejudice to their rights, in any manner, after the final decision in the indicated SLPs, by the Apex Dispensation, as prayed for.
5. Meanwhile, the interim order dated 05.04.2016, passed by this Tribunal, is extended in view of the ratio of law laid down by the Honble Supreme Court in the case of State of Punjab Vs. Rafiq Masih (White Washer), (2015) 4 SCC 334. However, the parties are left to bear their own costs.
(UDAY KUMAR VARMA) (JUSTICE M.S. SULLAR)
MEMBER (A) MEMBER (J)
Dated: 24.04.2017
HC*
2
(OA No. 060/00289/2016)