Central Administrative Tribunal - Allahabad
Arjun Singh vs M/O Defence on 29 August, 2017
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD
Dated: This the 29th day of August 2017
HON'BLE DR. MURTAZA ALI, MEMBER - J
Original Application No. 1408 of 2009
Along with
Original Application No. 330/00475 of 2016
Along with
Original Application No. 97 of 2012
Along with
Original Application No. 96of 2012
Along with
Original Application No. 98 of 2012
Along with
Original Application No. 99 of 2012
Along with
Original Application No. 100 of 2012
Along with
Original Application No. 102 of 2012
Along with
Original Application No. 103 of 2012
Along with
Original Application No. 104 of 2012
Along with
Original Application No. 105 of 2012
Along with
Original Application No. 106 of 2012
Along with
Original Application No. 107 of 2012
Original Application No. 1408 of 2009
Ram Kumar Shukla S/o Shri Harish Chandra Shukla
holding the Post of Fire Engine Driver Posted under
Senior Quality Assurance Officer, Quality Assurance
Establishment (Armaments) Armapur, Kanpur.
.................. Applicant
By Adv: Shri A.R. Dwivedi/Shri D.K. Dwivedi
VERSUS
Page 2 of 11
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Mr Rama Pati Maurya
Along with
Original Application No. 330/00475 of 2016
Ram Narain Mishra S/o Late Ayodhya Prasad Mishra,
holding the post of Loading Hand Fire in under Seniro
Quality Assurance Officer, Quality Assurance
Establishment (Armaments) Armapur, Kanpur.
...............Applicant
By Adv Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Mr R.C. Shukla
Along with
Original Application No. 97 of 2012
Satya Narain Shukla S/o Shri Umarshi Shukla, resident of
C-112 Warra, Post Office Warra-2, District Kanpur Nagar,
holding the post of Fireman Grade -1 under Senior
Quality Assurance Officer, Quality Assurance
Establishment (Armaments) Armapur, Kanpur.
...........Applicant
By Adv: Shri A.R Dwivedi/ Shri D.K. Dwivedi
VERSUS
Page 3 of 11
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Mr Himanshu Singh/Shri S.N. Chatterji
Along with
Original Application No. 96 of 2012
Arjun Singh S/o Late Shri Pati Singh, resident of 116/652,
Saryu Nagar Rawatpur, Post Rawatpur Kanpur, holding
the post of Fire Engine Driver, under Senior Quality
Assurance Officer, Quality Assurance Establishment
(Armaments), Armapur, Kanpur.
........Applicant
By Adv. Shri A.R. Dwivedi/Shri DK Dwivedi
Versus.
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Mr Himanshu Singh/Shri S.N. Chatterji
ALONG WITH
Original Application No. 98 of 2012
Modan Lal S/o Shiv Lal, resident of G-1229, Armapur Post
Office Armapur Kanpur Nagar, holding the post of
Loading Hand Fire under Senior Quality Assurance
Officer, Quality Assurance Establishment (Armaments)
Armapur Kanpur.
Page 4 of 11
...........Applicant
By Adv. Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus.
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Mr Himanshu Singh/Shri S.N. Chatterji
ALONG WITH
Original Application No. 99 of 2012
Bijendra Singh S/o Ghoore Singh, resident of GIT/252
Armapur State P.O. Armapur Kanpur Nagar, holding the
post of Fireman Grade 1 under Senior Quality Assurance
Officer, Quality Assurance Establishment (Armaments)
Armapur Kanpur.
.............Applicant
By Adv. Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Mr Himanshu Singh/Shri S.N. Chatterji
ALONG WITH
Original Application No. 100 of 2012
Saran Singh, S/o Sri Chandra Balil, resident of NL/4/18
Barra-6, Post Barra Kanpur Nagar, holding the post of
Fire Engine Driver, under Senior Quality Assurance
Page 5 of 11
Officer, Quality Assurance Establishment (Armaments)
Amapur, Kanpur.
.............Applicant
By Adv. Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Shri S.N. Chatterji
Along with
Original Application No. 102 of 2012
Basant Lal Pal S/o Shri Durga Prasad Pal, Resident of 19
Dbauli Gaon, Post Udyog Nagar, District Kanpur Nagar,
holding the post of Fire Man Grade -1, under Senior
Quality Assurance Officer, Quality Assurance
Establishment (Armaments) Amapur, Kanpur.
.............Applicant
By Adv. Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Shri S.N. Chatterji
Along with
Page 6 of 11
Original Application No. 103 of 2012
Bans Kumar Sharma S/o Shri Jagmohan Sharma, resident
of 116/499, Keshav Nagar Rawatpur, P.O. Rawatpur,
District Kanpur Nagar, holding the post of Fire Engine
Driver, under Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Amapur, Kanpur.
.............Applicant
By Adv. Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Shri S.N. Chatterji
Along with
Original Application No. 104 of 2012
Ram Tej, S/o Shri Ram Dheeraj, resident of G1/T 250
Armapur State Kanpur holding the post of Fireman,
Grade 1, under Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Amapur, Kanpur.
.............Applicant
By Adv. Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
Page 7 of 11
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Shri S.N. Chatterji
Along with
Original Application No. 105 of 2012
Ram Akbal Yadav, S/o Raja Ram Yadav, resident of
House No.90, Gujainy Post Office Dadanagar District
Kanpur Nagar, holding the post of Fireman Grade 1,
under Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Amapur, Kanpur.
.............Applicant
By Adv. Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Shri S.N. Chatterji
Along with
Original Application No. 106 of 2012
Prem Lal S/o Shyam Lal resident of House NO.2
Madarpur, Near Awadhpuri Colony, Kanpur Nagar,
holding the post of Loading Hand Fire, under Senior
Quality Assurance Officer, Quality Assurance
Establishment (Armaments) Amapur, Kanpur.
.............Applicant
By Adv. Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus
Page 8 of 11
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Shri S.N. Chatterji
Along with
Original Application No. 107 of 2012
Munna Lal S/o Shri Nag Chand, resident of House No.
N/T/94, Armapur State Post Armapur Kanpur Nagar,
holding the post of Fireman Grade 1, under Senior
Quality Assurance Officer, Quality Assurance
Establishment (Armaments) Amapur, Kanpur.
.............Applicant
By Adv. Shri A.R. Dwivedi/Shri D.K. Dwivedi
Versus
1. Union of India through Secretary, Ministry of
Defence, New Delhi.
2. Director General, Quality Assurance, Government
of India, Ministry of Defence South Block, New
Delhi.
3. Senior Quality Assurance Officer, Quality
Assurance Establishment (Armaments) Armapur,
Kanpur.
................ Respondents
By Adv: Shri S.N. Chatterji
ORDER
All 13 OAs are being decided with the consent of learned counsels for the parties by a common order as the controversy involved in all the cases are similar and Page 9 of 11 identical. The case of Ram Kumar Shukla Vs. Union of India (O.A No. 1408 of 2009) is taken as leading case.
2. The applicant has filed this O.A for quashing the order dated 20.1.2005 by which the representation of applicant for extending the facility of overtime allowance as admissible to the staff of Ordnance Factory has been rejected.
3. The brief facts of the case are that the applicant is posted as Fire Engine Driver in Non-Industrial Staff at Quality Assurance Establishment (Armament), Armapur, Kanpur. It is stated that he is doing duty of 48 hours in six days week while the fixed duty hours are 44¾ hours in a week as per Circular dated 13.5.1998 (Annexure A-3). It has been submitted that similarly situated employees of Ordnance Factory Kolkatta has been granted overtime allowance for the duty assigned beyond 44¾ hours in six days week vide circular dated 13.5.1988 (Annexure A-4). The applicant submitted representations dated 10.12.2002 and 13.2.2003 but no heed was paid by the respondents. The applicant again filed representation dated 21.6.2006 in pursuance of order dated 21.5.2004 Page 10 of 11 passed in O.A. No. 941 of 2003, which has been rejected vide impugned letter dated 20.1.2005.
4. In the reply filed on behalf of respondents, it has been submitted that the Circular referred to is meant for Ordnance Factories and it is inapplicable to the establishment of Director General Quality Assurance (D.G.Q.A) Organization. The representation of the applicant has rightly been rejected and he is not entitled to get overtime allowance which is admissible to the staff of Ordnance Factory only.
5. Heard the learned counsels for the parties and perused the record.
6. Learned counsel for the respondents contended that similar controversy was involved in O.A. NO. 309 of 2006 Prabhu Lal and others Vs. Union of India and others and the claim of overtime allowance at par with the Operative Staff of Factories has already been rejected vide order dated 28.9.2007 by C.A.T Jabalpur Bench. It has further been argued that aggrieved by the order of C.AT., Jabalpur, the applicants had filed writ petition No. 15929 of 2007 before Hon'ble High Court of Judicature at Jabalpur (M.P), which has also been dismissed vide order dated 19.9.2011.
Page 11 of 11
7. As the claim of similarly situated employees has already been rejected by C.A.T Jabalpur Bench and the order of C.A.T. has been upheld by Hon'ble Jabalpur High Court, the instant O.As. are liable to be dismissed.
8. Accordingly, Original Application No. 1408 of 2009, Original Application No. 330/00475 of 2016, Original Application No. 97 of 2012, Original Application No. 96 of 2012, Original Application No. 98 of 2012, Original Application No. 99 of 2012, Original Application No. 100 of 2012, Original Application No. 102 of 2012, Original Application No. 103 of 2012, Original Application No. 104 of 2012, Original Application No. 105 of 2012, Original Application No. 106 of 2012, Original Application No. 107 of 2012 are dismissed. No order as to costs.
9. Copy of this common judgment shall be placed on the file of each of the OAs which have been clubbed together and have been disposed of.
Member (J) Manish/-