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Central Administrative Tribunal - Chandigarh

Dr Nidhi Sharma vs Chandigarh Administration on 22 July, 2024

                                         1


                  CENTRAL ADMINISTRATIVE TRIBUNAL

                               CHANDIGARH BENCH

                                 OA 60/1181/2023



                         Chandigarh, this the 22.07.2024

         HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)

1.   Dr. Nidhi Sharma, D/O Shri Vijay Sharma, Aged 42 years, Working in

     Department of French, Post Graduate College for Girls -11, Chandigarh ,

     R/o House No. 358(2nd floor), Sector-16 Panchkula, Haryana-134109.

2.   Sunita Sharma, D/O Lt. Shri. Devi Das, Aged 51 years, Working in

     Department of Dance, Post Graduate College for Girls -11, Chandigarh,

     R/o House No.3080, Sector 52, Chandigarh- 160017.

3.   Kamal     Deep,    D/O   Harinder   Singh,       Aged     47     years,     Working      in

     Department of English, Post Graduate College for Girls -11, Chandigarh,

     R/o House No. 47 Sector 19 A, Chandigarh-160019.

4.   Anju, D/O Sh Data Ram, Aged 45 years, Working in Department of

     Botany,    Post    Graduate   College      for    Girls    II,     Chandigarh,          R/o

     H.No.741,DMC Sector 38 West, Chandigarh-160036.

5.   Dr. Salil Sharma, S/O Sh. Shesh Bhushan, Aged 42 years Working in

     Department    of    Geography,      Post   Graduate        College        for   Girls   II,

     Chandigarh, R/o Teacher Apartments Hostel 2, Chandigarh-160011.

6.   Mohit Sanan, S/O Sh. Satish Sanan, Aged 42 years, Working in

     Department of BCA (Bachelor of Computer Application), Post Graduate

     College for Girls II, Chandigarh, R/o H.No. 810,Sector 40A, Chandigarh-

     160036.
                                       2


7.    Dr. Amit Jakhal, S/O Sh. C.R. Jakhal, Aged 45 years, Working in

      Department of Botany, Post Graduate College for Girls II, Chandigarh,

      R/o House No. 1527, Sector 25, Panchkula, Haryana-134112.

8.    Dr. Meena Rani, D/O Sh Shri Hans Raj, Aged 46 years, Working in

      Department of Hindi, Post Graduate College for Girls II, Chandigarh, R/o

      H.No. 60 SF, Amangreen Society, Sector 125, kharar, Punjab-140301.

9.    Dr. Komal Sharma, D/O Sh S.R. Sharma, Aged 39 years, Working in

      Department of Sociology, Post Graduate College for Girls II, Chandigarh,

      R/o H.No. 11-A City Centre Apartments, Patiala, Punjab.

10.   Pallavi Mishra, D/O Sh N.K Mishra, Aged 44 years, Working in

      Department of History, Post Graduate College for Girls -11, Chandigarh,

      R/o H.No. 3005 GF Sector- 29-D Tribune Colony, Chandigarh-160030.

11.   Vipanjeet Kaur, D/O Karnail Singh, Aged 46 years, Working in

      Department of English, Post Graduate College for Girls -11, Chandigarh,

      R/o H.No. 617/3, M.C, Sector- 14-West, Chandigarh-160014.

12.   Vikram Kumar, S/O Sh. Jai Ram, Aged 40 years, Working in Department

      of Mathematics, Post Graduate College for Girls II, Chandigarh, R/o

      H.No. 5154/B sector 38 West, Chandigarh-160036.

13.   Dr. Gagandeep, S/O Sh. Suriender Pal Singh, Aged 43 years, Working in

      Department   of    Chemistry,   Post   Graduate   College   for   Girls   II,

      Chandigarh, R/o H.No. 701, Sunny Enclave, Kharar, Punjab-140301.

14.   Kunjan Gupta, D/O Sh. Anant Kumar, Aged 40 years, Working in

      Department of Mathematics, Post Graduate College for Girls-11,

      Chandigarh, R/o H.No. 155 Sector, Chandigarh.

15.   Harpreet Kaur, D/O Sh Charanjeet Singh, Aged 38 years, Working in

      Department    of   Computer,    Post   Graduate   College   for   Girls-11,
                                        3


      Chandigarh, R/o H.No 1090 Sector 6 Block B Ecocity, Chandigarh-

      140901.

16.   Dr Amandeep, S/O Sh. Labh Singh, Aged 43 years, Working in

      Department of Political Science, Post Graduate College for Girls II,

      Chandigarh, R/o H.No. 169, Sector-16-A, Chandigarh-160015.

17.   Ramandeep Kaur, D/O ShUdaipal Singh, Aged 42 years, Working in

      Department of Physical Education, Post Graduate College for Girls II,

      Chandigarh, R/o H.No. 895 First Floor Sector- 38-A, Chandigarh-

      160036.

18.   Kusam Ahir, D/O Sh Surinder Paul, Aged 38 years, Working in

      Department    of    Commerce,    Post   Graduate   College    for   Girls    II,

      Chandigarh, R/o H.No. 1157 Phase 3-B2 Mohali, Punjab-160059.

19.   Dr. Veenat, D/O Sh Harish Chander, Aged 39 years, Working in

      Department of Sociology, Post Graduate College for Girls II, Chandigarh,

      R/o House No. 582, Sector 4, Panchkula, Haryana-134112.

20.   Sanjay Kumar, S/O Sh. Luxmi Narayan, Aged 41 years, Working in

      Department    of    Geography,   Post   Graduate    College   for   Girls    II,

      Chandigarh,   R/o    H.No.   1046,   Block-B,   Sector-6,   Ecocity-1,      New

      Chandigarh, Punjab-140901.

21.   Dr Kamal Krishan, S/O Sh. Ram Krishan, Aged 46 years, Working in

      Department of Hindi, Post Graduate College for Girls II, Chandigarh, R/o

      H.No. 1586 Shivalik Vihar Naya, Punjab-133301.

22.   Dr. Rinky, D/O Sh Shingara Singh, Aged 43 years, Working in

      Department of Environment, Post Graduate College for Girls II,

      Chandigarh, R/o H.No. 4601, Janta Chownk Near Naina Devi Mandir,

      Kharar, Punjab-140301.
                                         4


23.   Dr. Harpreet Kaur, D/O Sh Ranveer Singh, Aged 41 years, Working in

      Department    of    Chemistry,    Post   Graduate   College   for     Girls   II,

      Chandigarh, R/o H.No. 3368 Sector 35 D, Chandigarh- 160022.

24.   Ritika, D/O Sh Balbir Singh, Aged 37 years, Working in Dept. of

      (Computer), Post Graduate College for Girls II, Chandigarh, R/o H.No.

      16/1 Arya Nagar Jail Road, Gurdaspur, Punjab-143521.

25.   Amandeep Kaur, D/O Sh Niranjan Singh, Aged 39 years, Working in

      Department of Punjabi, Post Graduate College for Girls II, Chandigarh,

      R/o H.No. 579S, Street No.14, Kalgidhar Marg, New Shimla Puri

      Ludhiana., Punjab-141003.

26.   Dr. Shivani Gupta, D/O ShP.D.Garg, Aged 46 years,                   Working in

      Department of Zoology, Post Graduate College for Girls II, Chandigarh,

      R/o Flat no. 203, GHS 88, Sector-20, Panchkula, Haryana- 134117.

27.   Suresh Kumar, S/O Sh. Roshan lal, Aged 43 years, Working in

      Department of Physical, Post Graduate College for Girls II, Chandigarh,

      R/o Village Gawata PO-Dhirwin, Himachal-176045.

28.   Shamama Amir, S/O Sh. Amir Faisal, Aged 43 years, Working in

      Department    of    Computer,     Post   Graduate   College   for     Girls   II,

      Chandigarh,   R/o    Hostel   4   Post   Graduate   College   for    Girls    11,

      Chandigarh-160011.

29.   Gopika Sood, D/O Sh. Madan Mohan, Aged 48 years, Working in

      Department of Physics, Post Graduate College for Girls II, Chandigarh,

      R/o H.No.3845, Sector- 47-D, Chandigarh-160047.

30.   Arun Kalia, S/O Sh. Duni Chand Sharma, Aged 44 years, working in

      Department    of    Computer,     Post   Graduate   College   for     Girls   II,

      Chandigarh, R/o H.No. 1262/1, Sector-42, Chandigarh-160036.
                                             5


31.   Navdeep Kaur, D/O Sh. Jasmel Singh, Aged 41 years, Working in

      Department       of     Computer,    Post    Graduate     College    for    Girls    II,

      Chandigarh, R/o H.No.8261, Sector 125, Sunny Enclave, Kharar,

      Punjab. 140301.

32.   Dr. Vijay Kumar, S/O Sh. Sunder Singh, Aged 44 years, Working in

      Department       of    Psychology,    Post    Graduate    College    for    Girls    II,

      Chandigarh, R/o H.No.1452, Sector 39-D, Chandigarh. 160036.

33.   Dr.Parul Virk,        D/O Sh. Jaspal Singh Virk, Aged 41 years, Working in

      Department of Environment, Post Graduate College for Girls-11,

      Chandigarh, R/o House no 402, University Block, Phase 2, Sector 123,

      Kharar, Punjab-140301.

34.   Dr Anoop Singh, S/O Sh. Ranjit Singh, Aged 46 years, Working in

      Department of Public Admn., Post Graduate College for Girls -11,

      Chandigarh, R/o H.No. B-12/02411, Adarsh Nagar Naya Gaon, Mohali,

      Punjab-160103.

35.   Meenu, D/O Sh. Om Parkash, Aged 47 years, Working in Department of

      Punjabi, Post Graduate College for Girls -11, Chandigarh, R/o H.No.

      34A, Sector 51A, Chandigarh-160047.

36.   Dr.Preeti,   D/O Sh. Krishan Lal Rajpal, Aged 43 years, Working in

      Department of Music, Post Graduate College for Girls -11, Chandigarh,

      R/o H.No. 803, Antila,Taj Tower,Sector-104, Mohali, Punjab140307.

37.   Ritu Singh kalsi, D/O Sh. Amrik Singh, Aged 39 years, Working in

      Department       of    Computer,     Post    Graduate    College    for    Girls    -11,

      Chandigarh, R/o H.No. 1681, Sector 70, Mohali, Punjab-160071.

38.   Dr Poonam Arora, D/O Sh. Sudershan Kumar, Aged 46 years, Working

      in Department of Economics, Post Graduate College for Girls II,

      Chandigarh, R/o H.No. 3854, Sector 32 D, Chandigarh-160030.
                                       6


39.   Narinder, S/O Sh. Shangara Singh, Aged 40 years, Working in

      Department   of   Computer,     Post   Graduate   College   for   Girls-11,

      Chandigarh, R/o H.No. 1245, Sector 42-B, Chandigarh-160036.

40.   Saurabh, S/O Sh. Ravi Gupta, Aged 40 years, Working in Department of

      BCA ( Bachelor of Computer Application), Post Graduate College for

      Girls-11, Chandigarh, R/o H.No. 776,        GBS Society, Sector 48-A,

      Chandigarh-160047.

41.   Dr. Preet Kamal Sharma, D/O Sh. Kuldip Chand, Aged 39 years,

      Working in Department of BCA(Bachelor of Computer Application), Post

      Graduate College for Girls II, Chandigarh, R/o H.No. 504, Gulmohar

      City, Badala, Punjab- 140301.

42.   Dr. Ritu Sekhri, D/O Sh. Ashok Sekhri, Aged 39 years, Working in

      Department   of   Psychology,   Post   Graduate   College   for   Girls   II,

      Chandigarh, R/o H.No.104, New Harbans nagar, Near Mannat Hospital,

      Jalandhar, Punjab. 144002.

43.   Dr. Gaganpreet, D/O Sh. Joginder Lal, Aged 37 years, Working in

      Department of Physics, Post Graduate College for Girls -11, Chandigarh,

      R/o H No. 950, Sector 40-A, Chandigarh-160036.

44.   Dr. Ashu Gautam, D/O Sh. Ashok Sekhri, Aged 40 years, Working in

      Department of Music, Post Graduate College for Girls II, Chandigarh,

      R/o H. No 915 Top floor, Sector-41-A Chandigarh -160036.

45.   Deepak, S/O Sh. G.S.Ravat, Aged 46 years, Working in Department of

      History, Post Graduate College for Girls II, Chandigarh II, R/o H.No.

      2136, PEPSU Society, Sector-50, Chandigarh-160055.

46.   Dr. Ravneet Kaur, D/O Sh. Ravinder Pal, Aged 38 years, Working in

      Department of Zoology, Post Graduate College for Girls II, Chandigarh,

      R/o H No. 3044, Sector 38-D, Chandigarh-160036.
                                      7


47.   Dr. Vasudha, D/O Sh. Suresh Ramaul, Aged 35 years, Working in

      Department of English, Post Graduate College for Girls-11, Chandigarh,

      R/o H.No.3030, 1st Floor, Sector 37-D, Chandigarh-160036.

48.   Madhvi Sharma, D/O Sh. B D Sharma, Aged 33 years, Working in

      Department of English, Post Graduate College for Girls II, Chandigarh,

      R/o H.No.70, Block-G, Shivalik Vihar, Naya Gaon, SAS nagar, Mohali,

      Punjab. 160103.

49.   Anusha Prashar, D/O Sh. K.K.Prashar, Aged 32 years, Working in

      Department of English, Post Graduate College for Girls II, Chandigarh,

      R/o H.No.54, 1st Floor, Sector 11-A, Chanidgarh. 160011.

50.   Kanupriya Arya, D/O Sh. Satish Arya, Aged 38 years, Working in

      Department of English, Post Graduate College for Girls -11, Chandigarh,

      R/o 3108, Fafa, Quarters, Sector- 28 Chandigarh-160002.

51.   Pooja Sharma, D/O Sh. Ram Saran, Aged 35 years, Working in

      Department   of   Commerce,   Post   Graduate   College    for   Girls   II,

      Chandigarh, R/o H.No. 1775/F Adarsh Nagar Naya, Chandigarh-160103.

52.   Dr. Shikha, D/O Sh. Subhash Chander, Aged 37        years, Working in

      Department of Botany, Post Graduate College for Girls -11, Chandigarh,

      R/o H.No. 689C/2 Celestia Grand Omaxe, Chandigarh-140901.

53.   Dr. Mandeep, S/O Sh. Joginder Singh, Aged 35 years, Working in

      Department of Physics, Post Graduate College for Girls -11, Chandigarh,

      R/o H.No. 446 CL2, Phase 2, Omaxe, Chandigarh-160055.

54.   Dr. Bani Narula, D/O Sh. Neel Kamal Narula, Aged 37 years, Working in

      Department of Psychology, Post Graduate College for Girls -11,

      Chandigarh, R/o H.No. 287, Sector 20-A, Chandigarh-160020.
                                       8


55.   Sakshi Mittal, D/O Sh. Sat Pal Mittal, Aged 34        years, Working in

      Department    of   Economics,   Post   Graduate   College    for   Girls   II,

      Chandigarh, R/o H.No. 4364 C, Sunny Enclave, Mohali, Punjab-140001.

56.   Dr. Anterpreet, S/O Sh. Gurmeet Singh, Aged 36 years, Working in

      Department of Physics, Post Graduate College for Girls -11, Chandigarh,

      R/o H.No. House No 5538, Sector -38 West, Chandigarh-160036.

57.   Dr. Sandaldeep, S/O Sh. Harpal Singh, Aged 33 years, Working in

      Department of Zoology, Post Graduate College for Girls II, Chandigarh,

      R/o Flat no. 228-C Sector 51-A, Chandigarh-160047.

58.   Simarjit Kaur, D/O Sh. Surinder Singh, Aged 38        years, Working in

      Department of Zoology, Post Graduate College for Girls II, Chandigarh,

      R/o H.No. 1014, Sector-79, Mohali, Punjab-140308.

59.   DR Harneet Kaur, D/O Sh. Gurdev Singh, Aged 38 years, Working in

      Department    of   Commerce,    Post   Graduate   College    for   Girls   II,

      Chandigarh, R/o H.No.2727,Sector- 69, Mohali, Punjab-160062.

60.   Dr. Khushboo, D/O Sh. Kailash Prasad, Aged 33 years, Working in

      Department of Home Science, Post Graduate College for Girls II,

      Chandigarh, R/o H.No.771, 1st Floor, Omaxe Phase III, New Chandigarh-

      140901.

61.   Gunjan Malhotra, D/O Rajiv Malhotra, Aged 34 years, Working in

      Department of Economics, Post Graduate College for Girls II, R/o H.No.

      284,      Sector       10,      Panchkula,        Haryana-         134109.

      (GROUP „A‟)



                                                            ...Applicants

         (BY ADVOCATE: SH. ROHIT SETH )
                                           9


                                      VERSUS
1.        Chandigarh Administration through its Administrator, Union Territory,
          Secretariat, Sector-9, [email protected]

2.        The Secretary Education, U.T. Chandigarh, Chandigarh    Administration,
          Sector 9, Chandigarh, [email protected].




                                                           ........Respondents

               (BY ADVOCATE: SH. K.K.THAKUR )

                                      O R D E R(Oral)

              Per: SH. RAMESH SINGH THAKUR MEMBER (J):


1. In this OA, the applicant sought for following relief:

i) Direct for issuance of directions to the respondents to revise the pay scales of the applicants from due date i.e. 01.01.2016 pursuance to in instructions dated 20.12.2022 (Annexure A-
7), 18.01.2023 ( Annexure A-8 ), 05.04.2023 ( Annexure A-9 ), 23.08.2023 ( 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 from due date with interest thereupon @ 12% till the actual payment.

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:

10
"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"

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*