Central Administrative Tribunal - Delhi
Shri Aman Sabarwal P. No.3410983K vs The Union Of India (Through Secretary) on 1 August, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA No.2462 of 2012
New Delhi this the 1st day of August, 2012
Honble Dr. Veena Chhotray, Member (A)
Honble Dr. Dharam Paul Sharma, Member (J)
1. Shri Aman Sabarwal P. No.3410983K
Aged about 44 = years S/o Shri O.P. Sabarwal
R/o Q.No.230 Phase-II,
Pallav Puram Meerut (U.P.).
2. Mohd. Nadeem Khan P. No.3995359H
Aged about 40 = years S/o Shri Abdul Naeem Khan
R/o H.No.154, Anoop Nagar,
Fazalpur Meerut (U.P.).
(Both are presently working as UDC, Gp C Defence
Civilian in the organization of 510 Army Base Workshop
Under DGEME (Civ) MGOs Branch AHQ Ministry of Defence)
.... Applicants
( By Advocate Shri V.P.S. Tyagi )
VERSUS
1. The Union of India (Through Secretary)
Ministry of Defence,
South Block, New Delhi.
2. The Director General of E.M.E.
(Civ-IV) MGOs Branch,
AHQ DHQ P.O. New Delhi.
3. The Comandant
510 Army Base Workshop,
Meerut CAntt. (U.P.).
4. The Officer-in-Charge
EME Records,
Secundrabad (AP).
5. Shri Harish Gaur P.No. 14691231
Presently working as UDC in 505
Army Base Workshop
Through : Commandant,
505, Army Base Workshop,
Delhi Cantt.
.. Respondents
( By Advocates Shri R.N. Singh )
O R D E R (ORAL)
Dr. Veena Chhotray, Member (A) :
The present order is being passed at the admission stage after hearing Shri V.P.S. Tyagi, counsels for the applicants, besides we have heard the brief submissions made by Shri R.N. Singh, senior Counsel for Central Government and in the panel of Ministry of Defence.
2. At the outset, Shri Tyagi makes a submission at Bar for deleting the respondent no.5 from the array of parties.
3. Both the applicants had initially been appointed as LDC in lieu of combatants in SRC Ramgarh Cantt. and Dogra Centre Faizabad respectively. They were inducted in EME Corps on being declared surplus in their parent organization. The applicants are presently serving as defence civilians in the cadre of UDC under 510 Army Base Workshop, Meerut (Respondent No.3).
4. The grievance of the applicants is that their initial services as LDC has not been rendered for purposes of seniority, promotion as well as ACP. However, similarly situated junior to the applicant no.1, Shri Harish Gaur is stated to have been given the benefits in pursuance of the Tribunals directions.
5. Representation of the applicants for grant of similar benefits was decided by the respondents in pursuance of the Tribunals order dated 17.8.2012 in the earlier OA 2972/2011 filed by these very applicants. Since the benefits have still not been granted, the present OA has been filed as a sequel. Through this OA following reliefs have been sought:-
(a) Direct the respondents to accord the similar treatment to the applicant by extending the benefits of the Honble Tribunals orders passed in OAs no.1951/2008 vide dt. 8.11.2008 by this Honble Tribunal by placing reliance on the Madras Bench of CAT in S. Thomas v/s Union of India & Others decided on 9.4.2007, by counting the service of the Applicant as in lieu of combatant for all purposes such as seniority and promotions by specifying time bound period.
(b) Pass any order or direction as deemed just and proper in the facts and circumstances keeping in view the Govt. sanction accorded vide dt. 02.08.2010 as mentioned in EME Records letter dt. 17.8.2010 (A-3) with cost of this OA to be granted in favour of the Applicants against the Respondents.
6. The speaking order passed by the respondents states the following facts in its paras 4, 5 and 6 which are extracted below.
4. AND WHEREAS, employees of various units who have approached the Central Administrative Tribunal (CAT) for considering the service rendered by them as ILC to be counted for financial ungradation under ACP/MACP scheme has been considered by the Govt. of India, Min of Defence and accorded sanction as per various CAT order. Accordingly, EME Records, Secunderabad forwarded the date of amendment of financial upgradation under ACP to concerned unit.
5. AND WHEREAS, in addition to the above, case for all remaining similarly situated personnel including applicants of this OA i.e. applicants of OA 2972/2011 who were initially appointed as ILC but not moved to court for claiming their service rendered as ILC for grant of ACP/MACP has been taken up with Min of Def by IHQ of MoD (Army) for similar benefits. Now, Min of Def has asked the details/list of all affected personnel which has been asked from the EME units by IHQ of MoD (Army). On receipt of complete details of affected employees, case will again be taken up with Min of Def by IHQ of MoD (Army).
6. NOW THEREFORE, suitable action for grant of financial upgradation under ACP to all Defence Civilian employees with effect from the date of appointment rendered in lieu of combatants will be taken by this office on receipt of fresh directions on the subjects from Govt. of India.
7. The learned counsel Shri Singh would submit that the case of the applicants is very much under the consideration of the Ministry of Defence and the necessary steps are being taken in the matter.
8. Shri V.P.S. Tyagi, learned counsel for the applicants would seek to submit that even now no decision has been taken by the Ministry of Defence. Learned counsel would also submit that the applicants, who are similarly situated to those who have already given the benefits by virtue of certain directions of this Tribunal, have been deprived of that benefits. The learned counsel for the applicants would submit that at this stage, the applicants would be satisfied by issuance of time bound directions to the respondents to pass speaking and reasoned final order in the matter of the applicants.
9. Considering the fact that the present speaking order does not take any final stand in the matter and states that it is still under consideration of the respondents, we find it appropriate, in the interest of justice, to direct the respondents to pass final orders in this matter within a period of three moths from the date of receipt of certified copy of this order.
10. The OA is disposed in above terms. No order as to costs.
(Dr. Dharam Paul Sharma) (Dr. Veena Chhotray)
Member (J) Member (A)
/ravi/