Central Administrative Tribunal - Delhi
Iqbal Singh Vedi vs Union Of India Through on 19 May, 2010
Central Administrative Tribunal Principal Bench CP No.236/2007 In OA No.1640/2006 MA No.188/2010 New Delhi this the 19th day of May, 2010. Honble Mr. Shanker Raju, Member (J) Honble Mr. S.P. Singh, Member (A) 1. Iqbal Singh Vedi, S/o late Shri Attar Singh Vedi, III/M-5, Lajpat Nagar, New Dlehi-110053. 2. Pitam Chand Jain, S/o Shri U.S. Jain, R/o 176, Gagan Vihar, Delhi-110053. 3. I.J. Sharma, S/o Shri H.D. Sharma, R/o 210-C, Poket-I, Mayur Vihar, Phase-I, Delhi-110091. -Applicants (By Advocate Shri M.K. Bhardwaj) -Versus- Union of India through: 1. Shri A.K. Chopra, Joint Director of Civil Aviation, O/o the DGCA, Technical Centre, Safdarjung Airport, New Delhi-110003. 2. Shri R.S. Kataria, Deputy Director of Administrtion, O/o the DGCA, Technical Centre, Safdarjung Airport, New Delhi-110003. 3. Shri Rajender Prasad, Air Worthiness Officer, O/o the Director of the Air Worthiness, Civil Aviation Department, Delhi Region Safdarjung Airport, New Delhi-110003. -Respondents (By Advocate Ms. Nidhi Bisaria) O R D E R Honble Mr. Shanker Raju, Member (J):
Revived CP has been heard.
2. The Tribunal had directed by an order dated 4.6.2007 in OA-1640/2006 grant of 9% interest on arrears payable to the applicants from the date it became due till the date of payment.
3. CP-236/2007 was disposed of with liberty on issue of pension payment orders. The only grievance raised by applicants is that though being an undertaking the respondents have adopted the revision of IDA pay scales w.e.f. 1.1.1990 by a conscious decision taken on 1.1.1996 and arrears being paid, the interest on arrears from December, 1990 till December, 1995 since been denied to applicants constitutes contumacious disobedience on the part of the respondents.
4. On the other hand, learned counsel of respondents would vehemently oppose the contentions and state that by an administrative order once the applicants have been issued arrears on revision of the pay scale w.e.f. 1.1.1990, yet the interest is made applicable only from 1.1.1996, i.e., from the date the revision has been adopted by the respondents, being an autonomous body under the control of the Government. It is also stated that if the contention of the applicants is accepted it would lead to an administrative chaotic situation and would open flood gate.
5. We have carefully considered the rival contentions of the parties and perused the material on record. In our considered view, the direction contained in paragraph 26 (c) in the order passed in OA was for interest on arrears payable to the applicants from the date it became due till the date of payment. Once a decision was taken by the respondents to adopt the IDA pay scales from 1.1.1990 though by a prospective decision taken on 1.1.1996 the same had become due to the applicants from 1.1.1990, more particularly from December, 1990 in the case of applicants herein. As such, the payment of interest should be leviable from that date and opening of flood gate and administrative chaotic situation would not come in the way of dispensation of justice. The directions of the Tribunals are to be complied with in true letter and spirit.
6. In the result, for the foregoing reasons, after hearing both the learned counsel, CP is disposed of with a direction to the respondents to pay to applicants simple interest @ 9% on arrears of revision of IDA pay scales from December, 1990 till December, 1995, within a period of two months from the date of receipt of a copy of this order, failing which a serious view of the matter shall be taken. Notices issued to the respondents are hereby discharged.
(S.P. Singh) (Shanker Raju) Member (A) Member (J) San.