Central Administrative Tribunal - Chandigarh
Sh Tej Ram vs M/O Defence on 16 January, 2020
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
...
O.A. No.60/419/2018 Date of decision: 16.01.2020
M.A. No.60/563/2018
...
CORAM: HON'BLE MR. SANJEEV KAUSHIK, MEMBER (J).
HON'BLE MR. MOHD. JAMSHED, MEMBER (A).
...
1. MES-506264 Sh. Tej Ram S/o Sh. Sharan Dass, Elect. (SK)
aged 56 years, O/o Garrison Engineer, Mamoon, Pathankot-
145001. Group C.
2. MES-505952 Sh. Sat Pal, FGM (SK) O/o Garrison Engineer,
Mamoon, Pathankot-145001.
3. MES-505765 Sh. Ramesh Kumar, Refg./Mech. (SK) O/o
Garrison Engineer, Mamoon, Pathankot-145001.
4. MES-506680 Sh. Jagdish Singh, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
5. MES-506681 Sh. Karam Singh, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
6. MES-504115 Sh. Kishori Lal, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
7. MES-506556 Sh. Som Raj, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
8. MES-507433 Sh. Mohinder Singh, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
9. MES-506692 Sh. Onkar Singh, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
10. MES-505949 Sh. Kewal Krishan, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
11. MES-506687 Sh. Tarsem Lal, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
12. MES-506555 Sh. Prem Paul, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
13. MES-505893 Sh. Ashwani Kumar, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
14. MES-505948 Sh. Dil Raj, Elect. (SK) O/o Garrison Engineer,
Mamoon, Pathankot-145001.
15. MES-504981 Sh. Tarsem Chand, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
16. MES-506670 Sh. Dev Raj, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
17. MES-370528 Sh. Onkar Singh, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
18. MES-507218 Sh. Rakesh Kumar, Ref/Mech. O/o Garrison
Engineer, Mamoon, Pathankot-145001.
19. MES-505950 Sh. Ragubir Singh, P/Ftr. O/o Garrison
Engineer, Mamoon, Pathankot-145001.
20. MES-504107 Sh. Ramesh Lal, P/Ftr. O/o Garrison Engineer,
Mamoon, Pathankot-145001.
21. MES-506668 Sh. Gur Prakash (Dead) through his legal heir
Smt. Sushila, FGM (SK) O/o Garrison Engineer, Mamoon,
Pathankot-145001.
22. MES-506678 Sh. Pritam Chand, FGM O/o Garrison Engineer,
Mamoon, Pathankot-145001.
23. MES-506546 Sh. Tarsem Lal, M/Mason, O/o Garrison
Engineer, Mamoon, Pathankot-145001.
24. MES-506886 Sh. Raj Kapoor, FGM O/o Garrison Engineer,
Mamoon, Pathankot-145001.
25. MES-506236 Sh. Rajan (Dead) through his legal heir Smt.
Prem Lata, FGM O/o Garrison Engineer, Mamoon,
Pathankot-145001.
26. MES-506542 Sh. Puran Chand, FGM O/o Garrison Engineer,
Mamoon, Pathankot-145001.
27. MES-506688 Sh. Balwant Singh, FGM O/o Garrison
Engineer, Mamoon, Pathankot-145001.
28. MES-506879 Sh. Bhola Ram (Retd.) H/Man O/o Garrison
Engineer, Mamoon, Pathankot-145001.
29. MES-506554 Sh. Baldev Raj, Mason O/o Garrison Engineer,
Mamoon, Pathankot-145001.
30. MES-502416 Sh. Ashok Masi, Mason O/o Garrison Engineer,
Mamoon, Pathankot-145001.
31. MES-502427 Sh. Ramesh Chand, Carpenter O/o Garrison
Engineer, Mamoon, Pathankot-145001.
32. MES-504960 Sh. Sai Das, FGM O/o Garrison Engineer,
Mamoon, Pathankot-145001.
33. MES-506247 Sh. Kewal Kumar, Carpenter, O/o Garrison
Engineer, Mamoon, Pathankot-145001.
34. MES-502240 Sh. Raghubir Dass, Painter (Retd.) O/o
Garrison Engineer, Mamoon, Pathankot-145001.
35. MES-505913 Sh. Dharam Pal, M/P Ftr. O/o Garrison
Engineer, Mamoon, Pathankot-145001.
36. MES-504105 Sh. Ved Raj, Carpenter O/o Garrison Engineer,
Mamoon, Pathankot-145001.
37. MES-506543 Sh. Raj Pal, M/Carpenter O/o Garrison
Engineer, Mamoon, Pathankot-145001.
38. MES-506690 Sh. Mohinder Singh, Black/Smith O/o Garrison
Engineer, Mamoon, Pathankot-145001.
39. MES-506675 Sh. Krishan Lal, FGM O/o Garrison Engineer,
Mamoon, Pathankot-145001.
40. MES-502543 Sh. Prem Chand (Rtd.), FGM, O/o Garrison
Engineer, Mamoon, Pathankot-145001.
41. MES-506548 Sh. Rashpal Singh, Elect. O/o Garrison
Engineer, Mamoon, Pathankot-145001.
42. MES-506684 Sh. Sham Lal, Elect. (SK) O/o Garrison
Engineer, Mamoon, Pathankot-145001.
Group C.
...APPLICANTS
VERSUS
1. Union of India through Secretary, Ministry of Defence, South
Block, New Delhi-110011.
2. Director General, Directorate General of Personnel CSCC, E-
in-C's Branch, Army Headquarters, Integrated HQ of MOD
(Army), DHQ PO, Kashmir House, New Delhi.
3. Controller of Defence Accounts, Ulan Battar Road, Palam
Cantt.-110001.
4. Commander Works Engineer, Headquarter, Mamun
(Pathankot)-145001.
...RESPONDENTS
PRESENT: Sh. Jagdeep Jaswal, counsel for the applicants.
Sh. Sanjay Goyal, counsel for the respondents.
ORDER (Oral)
...
SANJEEV KAUSHIK, MEMBER (J):-
1. M.A. No.60/563/2018 has been filed under Rule 4(5)(a) of the C.A.T. (Procedure) Rules, 1987, seeking permission to allow the applicants to file a joint petition. For the reasons stated therein, the same is allowed and disposed of accordingly.
2. Learned counsel for the parties are in agreement that this petition can be disposed of in terms of decision dated 5.7.2018 in the case of Baldev Singh & Ors. vs. Union of India & Ors., where similar prayer was considered and the O.A. was disposed by directing the respondents to reconsider the claim of the applicants (therein) for grant of second financial upgradation in terms of decision dated 26.4.2017 (Annexure A-16 therein) by passing a reasoned and speaking order.
3. In view of consensus between the parties, present O.A. is disposed of in the same terms as in the case of Baldev Singh (supra), relevant para of which reads as under:
"5. Considering the above, we dispose of these O.As. with a direction to the respondents to reconsider the claim of applicants for grant of 2ndfinancial benefit under the ACP Scheme on completion of 24 years of service, in terms of decision dated 26.4.2017 (Annexure A-16),by passing a reasoned and speaking order within a period of one month from the date of receipt of certified copy of this order. In case their case is covered under the above policy, they will be extended the benefits else a speaking order be passed and conveyed to them. Till the respondents take a view in the matter, they will not effect recovery, pursuant to the impugned orders. No costs."
4. Learned counsel for the applicants also pointed out that similar benefit has been granted to some of the employees vide order dated 30.7.2018. The respondents are directed to consider this aspect of the matter also while deciding the case of the applicants.
(MOHD. JAMSHED) (SANJEEV KAUSHIK) MEMBER (A) MEMBER (J) Date: 16.01.2020. Place: Chandigarh. 'KR'