Central Administrative Tribunal - Chandigarh
Pooja Gupta vs Chandigarh Administration on 22 July, 2024
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
OA 60/1203/2023
Chandigarh, this the 22.07.2024
HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)
1. Mrs. Pooja Gupta d/o Sh. Parveen Kumar, aged 39 years, working as
Assistant Professor, Commerce, at PGGC, Sector 46, Chandigarh.
2. Dr. Paramjeet Kaur d/o Sh. Mewa Singh, aged 43, working as Assistant
Professor, Music (Instrumental), at PGGC, Sector 46, Chandigarh.
3. Dr. Manisha Gaur d/o Sh. Mohinder Singh, aged 46 years, working as
Assistant Professor, Economics, at PGGC, Sector 46, Chandigarh.
4. Dr. Ruchee Aggarwal d/o Sh. Rattan Lal Singhal, aged 46 years, working
as Assistant Professor, English, at PGGC, Sector 46, Chandigarh.
5. Dr. Sujata d/o Sh. Chattar Singh, aged 46 years, working as Asssistant
Professor, Economics, at PGGC, Sector 46, Chandigarh.
6. Dr. Meenakshi Madaan d/o Sh. Raj Krishan Madaan, aged 39, working as
Assistant Professor, Public Administration, at PGGC, Sector 46,
Chandigarh.
7. Mrs. Manisha d/o Sh. Suresh Kumar, aged 31, working as Assistant
Professor, Mathematics, at PGGC, Sector 46, Chandigarh.
8. Mr. Hemant Kumar s/o Sh. Gurdas Singh, aged 39, working as Assistant
Professor, BCA, at PGGC, Sector 46, Chandigarh.
9. Mrs. Pooja Sareen d/o Sh. Raman Kumar Sareen, aged 44, working as
Assistant Professor, Commerce, at PGGC, Sector 46, Chandigarh.
2
10. Dr. Mandeep Gill (Mandeep Sandhu) d/o Sh. Ranjit Singh Gill, aged 44
years, working as Assistant Professor, Fine Arts, at PGGC, Sector 46,
Chandigarh.
11. Mrs. Vandana d/o Sh. Rajpal Singh, aged 42, working as Assistant
Professor, BCA, at PGGC, Sector 46, Chandigarh.
12. Dr. Ritu Sarsoha d/o Sh. Daya Ram Sarsoha, aged 43, working as
Assistant Professor, Environment Studies, at PGGC, Sector 46,
Chandigarh.
13. Mrs. Salma Rani d/o Sh. Raseed Mohammad, aged 30, working as
Assistant Professor, Mathematics, at PGGC, Sector 46, Chandigarh.
14. Mr. Baljit Singh Bamra s/o Sh. Inder Singh Bamra, aged 39, working as
Assistant Professor, English, at PGGC, Sector 46, Chandigarh.
15. Mrs. Shefali Aggarwal d/o Sh. Rajkumar Aggarwal, aged 43, working as
Assistant Professor, BCA, at PGGC, Sector 46, Chandigarh.
16. Dr. Sugandha Mittal d/o Sh. Satish Garg, aged 41, working as Assistant
Professor, Advertising, Sales Promotion and Sales Management, at
PGGC, Sector 46, Chandigarh.
17. Dr. Sumeet Gill s/o Sh. Nachhattar Singh Gill, aged 43, working as
Assistant Professor, English, at PGGC, Sector 46, Chandigarh.
18. Mr. Gaurav Jindal s/o Sh. Satpal Jindal, aged 45, working as Assistant
Professor, BCA, at PGGC, Sector 46, Chandigarh.
19. Dr. Ranjeet Singh s/o Sh. Gurcharan Singh, aged 40, working as Assistant
Professor, English, at PGGC, Sector 46, Chandigarh.
20. Dr. Preet Inder Singh s/o Sh. Dev Singh, aged 44, working as Assistant
Professor, Punjabi, at PGGC, Sector 46, Chandigarh.
21. Dr. Amanpreet Kaur d/o Sh. Gurpreet Singh, aged 42, working as
Assistant Professor, Environment Studies, at PGGC, Sector 46,
Chandigarh.
3
22. Dr. Arvinder Singh s/o Sh. Didar Singh, aged 38, working as Assistant
Professor, Music (Vocal), at PGGC, Sector 46, Chandigarh.
23. Dr. Kulvinder Singh s/o Sh. Rajinder Singh, aged 40, working as Assistant
Professor, Defense Studies, at PGGC, Sector 46, Chandigarh.
24. Dr. Leem Chand s/o Sh. Thakru, aged 47, working as Assistant
Professor, Hindi, at PGGC, Sector 46, Chandigarh.
25. Dr. Beenu d/o Sh. Gurdial Singh, aged 35, working as Assistant
Professor, Psychology, at PGGC, Sector 46, Chandigarh.
26. Dr. Renu Bala d/o Sh. Ved Vyas Sharma, aged 43, working as
Assistant Professor, History, at PGGC, Sector 46, Chandigarh.
(Group-A)
All the applicants are working on Contract basis.
1.
...Applicants
(BY ADVOCATE: SH. K.B.SHARMA )
VERSUS
1. Union Territory, Chandigarh through its Administrator, Punjab Raj
Bhawan, Sector-6, Chandigarh-160001.
2 The Secretary, Education U.T. Chandigarh Chandigarh Administration
Sector -9 Chandigarh -166009.
........Respondents
(BY ADVOCATE: SH. ASEEM RAI )
4
O R D E R(Oral)
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. In this OA, the applicant sought for following relief:
i) That an appropriate direction be issued to respondents to revise the pay scales of the applicants from due date i.e. 01.01.2016 pursuance to instructions dated 20.12.2022 (Annexure A-7), 18.01.2023 ( Annexure A-8 ), 05.04.2023 ( Annexure A-9 ), 22.08.2023 ( Annexure A-12 ) and 08.09.2023 ( Annexure A-13 ) issued by respondents with clear cut instructions to revise the pay scales announced by the Government from time to time and grant arrears w.e.f.
01.01.2016 onwards with interest @ 8 % p.a. w.e.f. 01.01.2016 till the actual payment is made.
Short reply has been filed by respondents on 16.07.2024.
Learned counsel for respondents submits that the claim regarding the applicants being contractual employed is pending before the appropriate authority. The relevant portion of which is as under:
"9. That the claim of the applicants is being examined by the department and the department has already obtained advice from the Department of Personnel, Chandigarh Administration and as per their advice, the case is being referred to Finance Department, Chandigarh Administration.
10. That the issue of revision of pay & their applicability ( date of implementation & arrears thereof ) as claimed by the applicants is being examined and as and when the same is decided by the competent authority, the same would be conveyed to the applicants. Therefore, the claim of the applicants is premature and liable to be dismissed"5
2. This Tribunal has considered the matter and is of the view that natural justice will be met if the respondents are directed to take the decision in a time bound manner specially when the matter is already pending before the authority. Thus, this OA is disposed of with a direction to respondents to decide the claim of the applicants within a period of eight weeks on receiving the order of this Tribunal.
(RAMESH SINGH THAKUR) Member (J) db