Central Administrative Tribunal - Delhi
Vijay Singh Negi vs Controller General Of Defence Accounts on 3 August, 2015
Central Administrative Tribunal Principal Bench OA No. 2816/2015 New Delhi, this the 03rd August, 2015 Honble Mr. Ashok Kumar, Member (A) Honble Mr. Raj Vir Sharma, Member (J) IN THE MATTER OF:
1.
Vijay Singh Negi S/o Shri Gabar Singh Negi R/o - 104, Blcok C1, Nai Basti, Racecourse, Dehradun Current Occupation - Section Officer (Accounts) Present Place - PCDA, New Delhi Age 35 years
2. Sunil Kumar S/o Shri Chaman Lal R/o - 481 Shivalik View, Lane No. 8 Natthan Pur, Ring Road, Post Office Nehrugram, Dehradun 248014. Uttarakhand Current Occupation - AAO Present Place Dheradun PCDA (AF) Age 49 years
3. Kailash Chander Nautyal S/o Late Sh. Tota Ram Nautyal R/o Vill Bhoodpur PO Naya Gaon Shimla By Pass Road Dehradun - 248007 Current Occupation - AAO Present Place Dehradun PCDA (AF), Dehradun, DAD Age 50 years
4. Dinker Tripathi S/o Shri Radhey Shyam Tripathi R/o C/o Mrs. Champa Panwar, Lower Kandoli, Rajpur Road, Dehradun Current Occupation Section Officer (A) Present Place PCDA (AF) Dehradun, DAD Age 40 years
5. Arvind Singh Panwar S/o Late Sh. J.S. Panwar R/o A 156/14, Nehru Colony Dharampur, Dehradun Current Occupation Section Officer (Account) Present Place O/O PCDA (AF) Dehradun DAD Age 40 years
6. Jagat Singh Fonia S/o Late Shri Jot Sing Fonia R/o Mayur Colony, Nehrugram, Dehradun Current Occupation Asstt. Account Officer Present Place Dehradun O/O The PCDA (AF), Dehradun Age 48 years
7. R.N. Yadav S/o Shri Narayan Yadav R/o 50/37, Klidas Marg Indra Vihar Near Guru Ram Rai Public School Dehradun - 248001 Current Occupation SO (A) Present Place Dehradun, PCDA (AF), Dehradun. Min of Def Age 40 years
8. Rajeev Bhatt S/o Late Sh. P.D. Bhatt R/o 8, New Cantt Road Dehradun Current Occupation Account Officer Present Place Haldwani Under PCDA (R & D) New Delhi Age 50 years
9. Amit Chhabra S/o Shri Mohan Lal Chhabra R/o House No. 53/10, Bank Colony, Kandoly, Rajpur Road Dehradun - 248001 Current Occupation Section Officer (Accounts) Present Place PCDA (AF) 107, Rajpur Road Age 30 years
10. Anup Kumar Banerjee S/o Shri N.K. Banerjee R/o 85/10/1 A, Neshvilla Road, Dehradun Current Occupation APOPassport Office, (Depulation), Dehradun Present Place Passport officer (Depulation), Dehradun Age 56 years
11. Vijender Kumar S/o Late Sh. Babu Lal R/o 10/7, Nala Pani Road, Dehradun Current Occupation - AAO Present Place Dehradun Area Account Office (Army) DAD Age 36 years
12. Manoj Pokhriyal S/o Sh. Dinesh Pokhriyal R/o 28 H.N.B. Colony (Lane -1), Ajabpur Khurd: Dehradun Current Occupation Section Officer (A/c) Present Place Dehradun O/o The AAO (BSO), Dehradun DAD Age 39 years
13. Arun Kumar S/o Late Sh. Anand Raj R/o 41, Mannu Ganj, Dehradun - 248001 Current Occupation Section Officer (A/c) Present Place PAO (ORs) GRRC Lansdowne Age 44 years
14. Rajeev Sagar S/o Shri Vidya Sagar R/o Friends Apartments, Sangam Vihar, GMS Road, Dehradun Current Occupation Asst. Account Officer Present Place Dehradun, Area Accounts Office (Army) DAD Age 39 years
15. Rajeev Rawat S/o Late Shri S.S. Rawat R/o 131/2, Guru Road, Dehradun - 248001 Current Occupation Asstt. Accounts Officer Present Place Dehradun O/o Local Audit Office (Army) DAD Age 41 years
16. Jasbir Singh Chauhan S/o Shri. S.S. Chauhan R/o 9-E, Vyompasth, GMS Road, Dehradun (Uttarakhand) Current Occupation Section Officer (A) Present Place Dehradun, IIA, IMA, Dehradun DAD Age 40 years
17. Keshav Kumar Kaushik S/o Shri. Ashok Kumar Pandey R/o C-23, Kewal Vihar, Dehradun Current Occupation Section Officer (A) Present Place PCDA, (AF) Dehradun DAD Age 28 years
18. Sanatan Ghanti S/o Late Asto Charan Ghanti R/o Saket Lane 4, Rajpur Road, Dehradun (UK)- 0248001 Current Occupation SO (A) Present Place PCDA (Air Force), Dehradun DAD Age 31 years
19. Nitin Kumar Lal S/o Shri Balram Prasad R/o 46 Bodygaurd, Canal Road, Rajpur Road, Dehradun - 248001 Current Occupation Section Officer (A/c) Present Place PCDA Air Force, Dehradun DAD Age 29 years
20. Ashish Trivedi S/o Late Shri V.K. Trivedi R/o 2,A, Rameshwar Mohalla, Dehradun - 248001 Current Occupation Asst. Account Officer Present Place Dehradun PCDA (AF) Dehradun DAD Age 49 years
21. Satyanjoy Banerjee S/o Shri Shambhu Nath Banerjee R/o A-24 Kewal Vihar, Dehradun Current Occupation Section Officer (Accounts) Present Place PCDA (AF) DAD, 107, Rajpur Road, Dehradun Age 31 years
22. Arun Kumar S/o Shri Vimal Prasad R/o PCDA (AF), 107 Rajpur Road, Dehradun Current Occupation Section Officer (Accounts) Present Place PCDA (AF), 107 Rajpur Road Dehradun Age 30 years
23. Ajay Kumar Sah S/o Shri Jai Prakash Sah R/o Kandoli, Rajiv Nagar, Mayur Vihar Extn. Dehradun Current Occupation Asst. Accounts Officer Present Place PCDA (AF), Dehradun DAD Age 43 years
24. Mukesh Kumar Goel S/o Late Moti Lal Goel R/o 349/2, Alak Nanda Enclave, G.M.S. Road, Dehradun Current Occupation S Account Officer Present Place A_O Ordnance Facotry, Raipur, Dehradun DAD Age 56 years
25. Rakesh Kumar Sharma S/o Late Sh. Satya Dev Sharma R/o 48A, Rest Camp, West-II, Dehradun Current Occupation S. AO Present Place PCDA (AF) Dehradun DAD Age 59 years
26. Protam Dhar S/o Shri Haran Chandra Dhar R/o 44, Milanagar, Nehru Market, Shyamnagar North 24 Parganas, West Bengal, - 743127 Current Occupation Section Officer (Accounts) Present Place Office of The P.C.D.A (AF) 107 Rajpur Road, Dehradun DAD Age 31 years
27. Dhananjay Kumar Sinha S/o Shri Rajeshwar Prasad Sinha R/o H/o Magan Singh Bhandari 5/13, Kalidas Road, Near New Cantt. Road, Dehradun - 01 Current Occupation Govt. Service / Account Officer Present Place PAO(ORS) B.R.C. Danapur (Bihar) CDA, Patna Defence Accounts Department Age 53 years
28. Kuldip Kumar Vij S/o Late Shri J.M.Vij R/o 10 Cement Road, DBS College Chowk, Dehradun - 248001 Current Occupation SR. A.O Present Place PCDA (AF) Dehradun DAD Age 59 years
29. Atul Mohan S/o Sh. H.B. Lal R/o C/o R.S. Bhandari, Savitri Nagar, Devi Road, Kotdwar Current OccupSation Assistant Account Officer Present Place Pay Accounts Officer (Army) GRRC, Lansdowne CDA (Army), Meerut Cantt. Age 40 years
30. Mithilesh Kumar Singh S/o Sh. Motilal Mahto R/o P 109/06, Evattline, Lekha Nagar, Lansdowne Current Occupation Section Officer (A) Present Place Pay Accounts Office (ORS), GRRC, Lansdowne, CDA (Army), Meerut Cantt. Age 34 years
31. S S Bisht S/o Sh. S S Bisth R/o Near Arya Samaj Mandir Padampur Sukhro, Kotdwar (UK) Current Occupation Assistant Accounts Officer Present Place Pay Account Office (ORS) GRRC, Lansdowne, CDA (Army), Meerut Cantt. Age 36 years
32. Tikam Singh Chauhan S/o Shri Mohan Singh Chauhan R/o P. 109/07, Evatt Line, Lekha Nagar, Lansdowne Current Occupation Section Officer (A) Present Place Pay Accounts Office(ORs), GRRC, Lansdowne CDA (Army), Meerut Cantt. Age 41 years
33. Ibad UR Rehman Faisal S/o Late Fazlur Rehman R/o 91, Milkain Street, Shahnathan, Meerut City 250002 Current Occupation Section Officer (A) Present Place CDA (Funds), Meerut Age 39 years
34. Sadan Kumar Shrivastava S/o Late Suresh Kumar Verma R/o Qtr No. P32/2, Mountain Shadow (Air Force), Borjhar Guwahati - 781017 Current Occupation SO (A) Present Place O/o ALAO (AF), Borjhar, Defence Accounts Department Age 41 years
35. A.J. Dabral S/o Late D.P. Dabral R/o H.No. D-1 DAD Colony, Spring Field Road, Ranikhet Distt. Almora Current Occupation Sr. Accounts Officer Present Place PAO (ORs) KRC, Ranikhet, CDA (Army), Meerut Age 55 years
36. T.D. Tiwari S/o Shri K.R. Tiwari R/o C-1/4, DAD Colony, Spring Field, Ranikhet, Distt. Almora Current Occupation Asstt. Accounts Officer Present Place PAO (ORS), KRC, Ranikhet Age 43 years
37. Sushil Saraogi S/o Late Ratan Lal Jain R/o Dharamganj PO 8 Distt. KishanGanj (Bihar) Current Occupation Asst. Accounts Officer Present Place PAO (ORS) BEG2C Roorkee CDA (A), Meerut Age 44 years
38. Meenakshi Kamboi W/o Shri Rajeev Kamboj R/o 423 Khurbura Dehradun Current Occupation Asstt. Accounts Officer Present Place Pay Account Office BEG2C Roorkee Age 43 years
39. Sonam Singh Rawat S/o Late J.S. Rawat R/o 19/8 E C Road Dehradun Current Occupation Govt. Service / Assistant Account Officer Present Place PAO (ORS) BEG & C Roorkee Age 36 years
40. Deepak Kumar Pant S/o Late Sh. B.B. Pant R/o 338. B, Govindpuri Haridwar Current Occupation Govt. Service / Assistant Account Officer Present Place PAO (ORS) BEG & C Roorkee Age 52 years
41. Nirmal Kumar S/o Sri Baidyanath Prasad R/o Qrt-No. P-3/4, Lekhanagar Lalkurti, Roorkee, Haridwar Current Occupation Service / ASH Accounts Officer Present Place PAO (ORS) BEG & C, Roorkee Age 43 years
42. Vinay Kumar S/o Shri Palturam R/o C/o 15 Friends Colony, Saharanpur Current Occupation Govt. Service / Asstt. Account Officer Present Place PAO (ORS) BEG & C Roorkee, CDA (Army) Age 52 years
43. Anurag Thapa S/o Shri B.R. Thapa R/o D 5/9 Lekha Nagar, Lalkurti, Roorkee Current Occupation Govt. Service / Asstt. Accounts Present Place PAO (ORS) BEG & C, Roorkee CDA (Army) Age 38 years
44. Dharmendra Kumar Singh S/o Late Ram Ayodhaya Singh R/o House No. 97, Ward No- 08, Near Thakur Nursing Home, Naya Nagar Hamirpur (H.P.) - 177001 Current Occupation Section Officer (Accounts) Age 38 years
45. Binod Kumar Singh S/o Shri Bhola Singh R/o #80, Mount View Colony, Zail Singh Nagar, Ropar, Punjab - 140001 Current Occupation SO (A) Age 38 years
46. Hem Chand S/o Sh. Balak Ram R/o 70/2, ANC, Air Force Station Agra Current Occupation Sr. A.O Present Place LAO (AF), AGRA DAD Age 56 years
47. Anup Chaturvedi S/o Shri Anil Kumar Chaturvedi R/o 70/3 ANC, AIR Force Station, Agra Current Occupation Service / Asstt Accounts Officer Present Place Agra at LAO (Air Force) Agra DAD The PCDA (Air Force), Dehradun Age 39 years
48. Dharma Ram S/o Shri Dalla Ram R/o 381/2, DSML, Air Force, Station Agra Current Occupation AAO Present Place LAO (AF), AF Station Agra, DAD Age 35 years
49. D.K. Harit S/o Late Shri Bhagandaas R/o C-1 Neelgir Enclave Alwatia Road, Shahganj, Agra - 282010 Current Occupation Sr. AO Present Place AOGE (AF) Khena Agra DAD Age 49 years Applicants (By Advocate : Mr. Ajesh Luthra ) Versus
1. Controller General of Defence Accounts, Through Controller General, Ulan Batar Road, Palam, Delhi Cantt, Delhi-110010
2. Ministry of Defence (Finance), Through its Financial Advisor (Defence Services), South Block, New Delhi
3. Union of India, Through its Secretary, Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pension, North Block, New Delhi Respondents (By Advocate : Mr. Hanu Bhaskar ) Order (oral) By Honble Mr. Ashok Kumar, Member (A) MA No. 2497/2015 has been filed for joining together the applicants in this OA. For the reasons stated therein, the said MA is allowed.
2. We have heard the learned counsel for the applicant in OA No. 2816/2015. Mr. Hanu Bhaskar appeared on behalf of respondents.
3. Learned counsel for the applicant drew our attention to the order of the Tribunal passed earlier in OA 1994/2015 dated 29.05.2015, a copy of which is annexed at Annexure A-14. It is argued that the facts in the present matter are identical and, therefore, the applicants in this OA deserves the same benefits as granted in OA 1994/2015. The reliefs sought in this OA are as follows :-
(a) quash and set aside the impugned order placed at Annexure A/I and
(b) issue a time-bound direction to the respondents to grant the applicants the Grade Pay of Rs. 5400/- along with arrears and all consequential benefits with effect from 01.09.2008 (i.e. the earliest date on which any of the Senior Auditors, working in the Respondents establishment, was placed in Grade Pay Rs. 5400/- through the MACP Scheme), or, alternatively, w.e.f. the date they were promoted to the post of S.O./AAO, whichever is earlier.
(c) award costs of the proceedings and
(d) pass any other order/direction which this Honble Tribunal deem fit and proper in favour of the applicants and against the respondents in the facts and circumstances of the case.
4. We have considered the matter and in the light of the judgment in the aforenoted OA which in turn was based on the judgment of the Co-ordinate Bench at Madras Bench which was upheld by the Honble High Court at Madras in WP ( C ) No. 18611 and 18612/2011. According to the learned counsel, Mr. Ajesh Luthra, applicants are also entitled to the same benefits as they are similarly situated.
5. In view of above, the impugned order at Annexure A-/I dated 07.05.2015 with direction to the respondents to examine the case of the present applicants whether they are similarly situated and if so grant the same benefits in the light of judgment of the Madras Bench in OA 966 & 967 of 2009. Respondents shall communicate their decision to the applicant through a reasoned order within a period of three months from the date of receipt of a copy of this order. Respondents shall also grant consequential benefits within a further period of two months of their decision as aforenoted.
6. OA is disposed of with the above directions.
( Raj Vir Sharma ) ( Ashok Kumar ) Member (J) Member (A) /sarita/