Central Administrative Tribunal - Mumbai
Mrs. Usha V. Ramgade @ Menda vs Union Of India on 26 July, 2012
1 CENTRAL ADMINISTRATIVE TRIBUNAL BOMBAY BENCH, MUMBAI. ORIGINAL APPLICATION Nos.: 508/2011, 784/2011, 785/2011, 787/2011, 788/2011, 789/2011, 790/2011, 791/2011, 792/2011, 793/2011, 794/2011, 795/2011,796/2011, 797/2011,798/2011, 799/2011, 800/2011, 801/2011, 802/2011, 803/2011, 804/2011, 805/2011 & 806/2011 Dated this Thursday the 26th day of July 2012. Coram: Hon'ble Shri Justice A.K. Basheer, Member (J) Hon'ble Shri R.C. Joshi, Member (A) 1. Mrs. Usha V. Ramgade @ Menda (PN 2807) R/o 22-D/3, Nagari Niwara Parishad, Zone -II, N.A. Rajeha Chowk, Opp. Aku Marg, Goregaon (E), Mumbai. Applicant in OA 508/11 2. V. Selva Kumar (PN 2754), Lower Division Clerk, R/o Plot No.5, Ram Nagar, 7th Street, Krishna Apartment, Nanganallur,Chennai 600 061. Applicant in OA. 784/11 3. M. Gnanseeli (PN 2768), Upper Division Clerk, R/o 10/17, Arokiyasamy Street, Varadarajpet, Kodambakkam,Chennai 600 024.... Applicant in OA785/11 4. K.M. Ravi (PN 2683) Lower Division Clerk, R/o No.8, Pankaj Building, CSD Estate, Golibar Road, Ghatkopar (West), Mumbai 86. .. Applicant in O.A.786/11 5. N. Bhageerthi (PN 2762) Upper Division Clerk, R/o 164/13, Mangalam Colony, Anna Nagar (West), Chennai. .. Applicant in O.A.787/11 6. S. Sahasararaman (PN 2887), Storekeeper Grade III, R/o S.V.C. Apartment, 118-12, Pappammal, 2nd Cross Street, GKM Colony, Chennai 600 082. ... Applicant in OA788/11 7. P. Unnikrishnan (PN 2888) Lower Division Clerk, R/o Door No. 33A, 31 MA P.O. St. Street, GKM Colony, Villivakkam, Chennai 600 082. ... Applicant in OA.789/11 2 8. L. Mohan (PN 2880) Upper Division Clerk, R/o plot No.30, Dasardad Nagar, Veppampattu, Thiruvallur, District Tamil Nadu. ... Applicant in OA. 790/11 9. Suresh Kumar (PN 2727) Storekeeper Grade III R/o 18/35, Radhakrishna Nagar, 2nd Street, Choolaimedu, Chennai 600 094. ... Applicant in O.A. 791/11 10. S. Shanti (PN 2872) R/o Block 22, Door No. 26, CPWD Quarters, K.K.Nagar, Chennai 600 078. ... Applicant in O.A.792/11 11. Sunanda Kumar (PN 2738) Upper Division Clerk, R/o 18/35, Radhakrishna Nagar, 2nd Street, Choolaimedu, Chennai 600 094. ... Applicant in O.A.793/11 12. V.S. Byndoor (PN-8029) Lower Division Clerk, R/o E-42, Chhatrapati, CHS Gangeshwar Nagar,Dindayal Road, Dombivali (West),Thane 421 202...Applicant in OA794/11 13. Smt. Pratibha A. Dhar (PN2623) Upper Division Clerk, R/o A1/A-505, Siddhivinayak, GINGER Pimple, Sudagar,Pune, 411 027. .. Applicant in O.A.795/11 14. Anuja Dilip Dagade (PN 2799) Upper Division Clerk, R/o Flat No.B/4, Aaishwrya Apartments, 566 Narayan Peth, Near Kesariwada, Pune 30.... Applicant in O.A.796/11 15. Hasmukhbhai Muljibhai Brahmbhatt, (PN 8254), Upper Division Clerk, R/o 13, Mangalmurthi Apartments, Solfali, Naroda Gam, Naroda, Ahmedabad 382 330. ... Applicant in O.A.797/11 16. Mrs. Chandrakala G. Menon (PN 2911) Upper Division Clerk, R/o Flat No.5, B-1, Indraprabha, Vikas Nagar, Dehu Road, Pune, Pin Code 412 101 ... Applicant in O.A.798/11 17. Hemlata Balkrishna Jadhav (PN 2917) Upper Division Clerk, R/o Adinath Nagar, Ghavane Wasti, Bhosari, Pune. ... Applicant in O.A.799/11 3 18. Dharmendra Dayarambhai Amarkotiya (PN 8227) Upper Division Clerk, R/o A/86, Adinathanagar Part II Krishan Nagar, Odhav, Ahemdabad 382 415. .. Applicant in O.A.800/11 19. Hirabhai Naranbhai Chauhan (PN 2830), Upper Division Clerk, R/o 3/11, shastrinagar, Opp. Umang Flat, Bapunagar, Ahemedabad 380 024. ... Applicant in O.A.801/11 20. Ratnamma Kanakraj Rajan, (PN 2805), Upper Division Clerk, R/o A/6, Krishanapark, Near Dwarkanagar, Nanachiloda Road, Ahmedabad 382 340. ... Applicant in O.A.802/11 21. Manilal Ramabhai Vanker, (PN 2811), Upper Division Clerk, R/o 25/2, Sector 3-A, New Gandhinagar 382 006 .. Applicant in O.A.803/11 22. Tulsibhai Bhavanbhai Makwana, (PN 8299), Upper Division Clerk, R/o 111, Arvidmill Chali, Anil Road, Bapunagar, Ahmedabad. ... Applicant in O.A.804/11 23. Kalidas Hirabhai Patani, (PN 8296) Upper Division Clerk, R/o G-1/4, New Abhilasha Apts. Bombay Housing Saraspur, Ahemdabad. .. Applicant in O.A.805/11 24. Jitendrakumar Shankarlal Shah, (PN 8226), Upper Division clerk, R/o B-13, Swastik Bungalows, Raipur Mill Compound, O/s Sarspurgate, Ahmedabad -380 018. ..Applicant in O.A.806/11 (All the applicants are working in Canteen Stores Department, Branch Mumbai). vs. 1. Union of India, through General Manager, Canteen Stores Department, Adelphi, 119, M.K. Road, Mumbai 40 0020. 2. Joint General Manager, Canteen Stores Department, 4 Adelphi 119, M.K. Road, Mumbai 400 020. .. Respondents O R D E R (Oral) Per: Justice A.K. Basheer, Member (J):
The short question that arises for consideration in this bunch of Original Applications is whether the period of casual/temporary service rendered by the applicants as Lower Division Clerks in the Canteen Stores Department under the Ministry of Defence is liable to be reckoned for the purpose of grant of benefits under the Assured Career Progression Scheme.
Relevant facts may be briefly noticed.
2. Applicants were admittedly appointed as Lower Division Clerks in the Canteen Stores Department on casual/temporary basis on being sponsored by the Employment Exchange. It is also not in dispute that all these applicants were given regular appointment as Lower Division Clerks after they had qualified in the Limited Departmental Competitive Examination. More importantly, it is also the admitted position that there was no break in service in the case of these applicants ever since they joined the service on casual/temporary basis till their regularisation.
3. The grievance of the applicants is that while reckoning the period of service for grant of benefits under the Assured Career Progression Scheme, the period service rendered by them as casual/temporary Lower Division Clerks is not being taken into account. The applicants have filed these Original Applications for an appropriate direction in this regard.
54. Learned counsel for the applicants submits that the applicants do not press for the benefit of seniority, even though such a relief has been prayed for in these cases. What the applicants now claim is only that the period of service rendered by them as Lower Division Clerks on temporary/ad-hoc basis be reckoned as regular service for the purpose of grant of benefits under the Assured Career Progression Scheme.
5. The above issue is no more res integra since the above plea has been accepted by this Bench in a bunch of Original Applications. Those cases were filed by similarly placed Lower Division Clerks in the very same Department in O.A. 193/2011 (Karan Anant Purao vs. Union of India & Anr) and connected cases, which were decided by Order dated September 12, 2011. It has been held that:
these employees deserve to be given the benefit of services rendered by them on casual/daily rate basis prior to their regularization/permanence for the purpose of grant of financial upgradations under the ACP Scheme.
6. While passing the above order this Tribunal had referred to various other orders passed by certain other co-ordinate Benches of this Tribunal as well. The Tribunal had, however, taken note on the fact that the issue relating to claim for seniority of similarly situated employees had been pending consideration before the High Court of Kerala and therefore it was made clear that the said question was not being considered. However, liberty was given to the applicants in that bunch of cases to approach the appropriate forum in 6 accordance with law as and when eventuality arises after the disposal of the case pending before the High Court of Kerala. Shri Vinod Joshi who appears for the respodents submits that the issue is now pending consideration before the Apex Court in SLP (Civil) Nos. 34728-34729 of 2011 (T. Sivadasan & Another vs. B. Sasikumar & others).
7. Keeping in view the above facts and circumstances of the case, particularly the fact that similarly placed employees of the very same Department have already been granted the above benefit, these Original Applications will stand allowed. It is held that the applicants shall be entitled to get the benefit of the Assured Career Progression Scheme reckoning the period of temporary/casual service rendered by them as Lower Division Clerks prior to their regularisation.
8. The Original Applications are disposed of in the above terms. Misc. Petitions for condonation of delay shall also stand disposed of. No order as to costs.
(R.C.Joshi) (Justice A.K. Basheer) Member (A) Member (J) mf