Central Administrative Tribunal - Delhi
Azad Singh vs Union Of India on 16 April, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No.1230/2010 New Delhi, this the 16th day of April, 2010 HONBLE MRS. MEERA CHHIBBER, MEMBER (J) HONBLE MR. SHAILENDRA PANDEY, MEMBER (A) 1. Azad Singh R/o Village PO Katwara Delhi-110 039. 2. Sangam Prasad Pandey R/o A-46, Gali No.4, Sunder Colony, Part-II, Jharoda, Delhi-110 084. 3. Sant Ram R/o Village Ganwari Bhajanpura, Gali No.24-C-318, Delhi-110053. 4. Rajender Prasad R/o Quarter No.30, Type-I, AZA Telecom Colony, Janakpuri, Delhi-110058. 5. A. Toppo R/o C-82, Tel-Com Staff Qrtrs., Vivek Bihar, Delhi-110095. 6. Judagi R/o Sector-6, Qtr. No. 889, R.K. Puram, New Delhi-110022. 7. Hukum Singh R/o B-11/2B, P&T Qrtrs., Kali Bari Marg, New Delhi. 8. Balbir Singh R/o House 1331, Gali No.1-B, Swatantra Nagar, Narela, Delhi-110 040. 9. Bhagat Singh Khatri R/o Village & P.O. Katwara, Delhi-110039. 10. Kameshwar R/o Sector-4, 1235, R.K. Puram, New Delhi-110022. 11. Surinder Singh R/o B-28/3D, P&T Qrts., Kali Bari Marg, New Delhi-110001. 12. Ram Niwas R/o Village & P.O. Asola Tehsil, Bahadur Garh, District Jhagar, Haryana. 13. Guru Prasad R/o 149-B, Shiv Durga Vihar, Phase-I, Lakarpur, Faridabad, Haryana. 14. Hardyal R/o Sector-6, Quarter No.20, R.K. Puram, New Delhi-110022. ..Applicants By Advocate: Shri K. Singhal. Versus 1. Union of India Ministry of Telecommunication, Through Secretary, Govt. of India, Sanchar Bhawan, New Delhi-110001. 2. Bharat Sanchar Nigam Ltd., Through the Chairman-cum-Managing Director, Bharat Sanchar Bhawan, Harish Chander Mathur Lane, Janpath, New Delhi-110 001. 3. The Director (HRD), Bharat Sanchar Nigam Limited, Bharat Sanchar Bhawan, Harish Chander Mathur Lane, Janpath, New Delhi-110 001. 4. Deputy Director General (Electical) Bharat Sanchar Nigam Ltd., 10th Floor, Chanderlok Building, Janpath, New Delhi-110 001. 5. The Secretary, Ministry of Finance, Govt. of India, Shastri Bhawan, New Delhi-110 001. ..Respondents ORDER (ORAL)
By Honble Mrs. Meera Chhibber, Member (J) This O.A. has been filed by as many as 14 Lift Operators, who have sought direction to the respondents to declare the seniority list of Lift Operators taking the date of their appointment and grant them pay scale in accordance with their date of appointment.
2. It is stated by the counsel for the applicants that issue raised by the applicants is no longer res integra as it has already been decided by the Honble High Court of Delhi in the case of Director General (Works), C.P.W.D. & Anr. Vs. Kendriya Lift Karamchari Sangh (Regd.) in Civil Contempt Appeal No. 7/2001 in Writ Petition (C) No.2792/1988 (page 55). The applicants had given detailed representation through their advocate to the respondents on 21.12.2009 (page 76), but the same has not been decided by the respondents till date, therefore, they had no other option but to file the present O.A.
3. We have heard counsel for the applicant. Sine it is stated by the counsel for the applicants that this case is fully covered by the judgment as referred to above, these facts have to be ascertained by the respondents after looking into the facts of this case, therefore, we deem it fit to dispose of this O.A. at the admission stage itself, without going into the merits of the case by directing the respondents to decide the representation of the applicants by passing a reasoned and speaking order within a period of three months from the date of receipt of a copy of this order under intimation to the applicants. In case the applicants are still aggrieved by the order passed by the respondents, they will be at liberty to challenge the same by filing a fresh OA.
4. With the above directions, this O.A. stands disposed of with liberty as aforesaid. No order as to costs.
(SHAILENDRA PANDEY) (MRS.MEERA CHHIBBER) MEMBER (A) MEMBER (J) /jyoti/