Central Administrative Tribunal - Delhi
T Srinivasa vs M/O Personnel,Public Grievances And ... on 18 September, 2024
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Item No. 42/
42 C-5
O.A. No. 1030/2016
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 1030/2016
This date of 18th September, 2024
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
T. Srinivasa, S/o Thimmaiah, Aged about 49 years, Working as
Assistant, Central Administrative Tribunal, Bangalore Bench,
BDA Complex, Indiranagar, Bangalore
Bangalore-560 038.
Address for service:
B.S. Venkatesh Kumar, Advocate, "Vaishnavi" No. 19, 1st Cross,
P.F.Compound, Devasandra,
Devasandra, K.R.Puram, Bangalore
Bangalore-560 036.
Applicant
(By Advocate: Sr. Adv. Mr. A.K. Behra assisted by Mr. Amrendra P
Singh and Ms. Vashali Sulkhlan)
Versus
1. The Principal Registrar, Central Administrative Tribunal,
Principal Bench, Copernicus Marg, New Delhi
Delhi-110 001.
2. The Registrar, Central Administrative Tribunal, Bangalore
Bench, BDA Complex, Indiranagar, Bangalore
Bangalore-560 038.
3. Union of India represented by the Secretary to Government,
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training),
Training), North Block, New
Delhi
Delhi-110 001.
...Respondent
(By Advocate: Mr. Hanu Bhaskar )
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Item No. 42/
42 C-5
O.A. No. 1030/2016
ORDER
By Hon'ble Mr. Manish Garg, Member (J) By virtue of the present application, the applicant seeks the following reliefs:
"(a)
(a) Call for records of the case from the respondents and on perusal quash the impugned orders (i) office order F.NOA F.NOA-
12015/01/2013/ADMN/Pay F dated 7.10.2013 (Annexure A 12015/01/2013/ADMN/Pay-F A-1) passed by the 2nd respondent (ii) office order No.B No.B- 12015/01/2013/2013 ADMN dated 9.10.2013 (Annexure A 12015/01/2013/2013-ADMN A-2) passed by by the 2nd respondent, (iii) letter F No.P No.P- 2012/30/2011 2012/30/2011-AT dated 10/13-5-2013 2013 passed by the 3rd respondent (Annexure A-10) A 10) and the impugned Office Memorandum F No.1(05)2013-CASH No.1(05)2013 CASH dated 7/10.11.2013 (Annexure A11) issued by the second respondent as arbitrary, unjust, illegal and unsustainable.
(b) Issue a direction to the second respondent not to proceed with any recovery from the pay and allowances of the applicant by holding that the pay fixation already effected is in order;
(c) Issue a further direction to the second respondent to continue to disburse the pay and allowances in the existing pay scale and Issue such other order/direction as deemed fit by this Hon'ble Tribunal including an order as to costs of this OA in the interest of justice and equity."
equity.
2. Learned Senior Counsel for the applicant states that the applicant is currently working in the Bangalore Bench. Similarly situated individuals, Assistants working in the Principal Bench, had preferred OA No. 1558/2015 along with OA No. 1561/2015, wherein they challenged the respondents' actions in an identical situation, seeking the following reliefs:
"That hat the Hon'ble Tribunal may graciously be pleased to quash and set aside the impugned office memorandum No. PB/20/1/2007 Estt.I dated 08.04.2015 aand the Notice No. PB/20/1/2007-Estt.I PB/20/1/2007 Estt.I dated 05.09.2014 & 08.09.2014 along PB/20/1/2007-Estt.I with letter of DOP&T dated 10/13.05.2013 with all its consequences.
ⅱ) That the Hon'ble Tribunal may further graciously be pleased to declare that the pay fixation made in pursuance to 3 Item No. 42/ 42 C-5 O.A. No. 1030/2016 order dated 06.07.2010 was lawful and was in accordance with the law and instructions and UO Note dated 14.12.2009 applicable to the employees of CAT and further declare that the applicants are entitled to the benefits of the said order dated 06.07.2010 06.07.2010 with all consequences of it.
iii) That the Hon'ble Tribunal may also pass any further order or direction which it deems fit and proper in the facts and circumstances of the case.
iv) The costs of litigation may be granted in favour of the applicants."
3. He contends that the fixation order dated 06.07.2010, which is applicable to the present applicant, was also the subject matter of OA No. 1558/2015 and OA No. 1561/2015. Both matters were allowed by this Tribunal through a detailed decision.
"20.
20. In the conspectus of the facts and circumstances of the case, we allow both these OAs holding that the applicants in both the OAs are entitled for the same pay and fixation thereof in the same manner as had been granted and done by the respondents in the cases of of their counterparts Assistant/Section Officer in CSS and Stenographer Grade C/PA/Private Secretary in CSSS keeping in view the historical parity maintained by the various judicial Fora in S.R. Dheer (supra) followed by the Tribunal in Sunita Dutt (supra), in compliance of which the respondents have passed order dated 06.07.2010 and lastly by the Hon'ble High Court of Delhi in W.P. (C) No.3717/2016 vide order dated 03.05.2016. The applicants shall also be entitled to all consequential benefits.
21. We also notice that in MA No.3410/2021 filed by the applicants that some of the applicants have retired from service during the pendency of the OA and recoveries have been ordered to be effected from the retiral dues of applicant no.2, Mr. Harish Arora and applicant applicant no.16, Mr. Deep Chand, the same is directed to be refunded to them, after re re-fixing their pay and pension. The respondents are further directed to revise their pay/pension and calculate the admissible arrears and pay the same to the aforesaid applicant applicants, within a period of not later than eight weeks from the date of receipt of a certified copy of this order. The interim order granted by this Tribunal vide order dated 27.04.2015 is hereby made absolute.
22. In the facts and circumstances of the case, there shall be no order as to costs.4
Item No. 42/ 42 C-5 O.A. No. 1030/2016
23. A copy of this order be also kept in OA No.1561/2015."
4. Further, considering the objections raised in the counter reply filed by the respondents, it is highlighted that the subject matter has been challenged before the Hon'ble High Court of Delhi in WP(C) No. 10/2023 and WP(C) No. 1695/2023, wherein notices have been issued.
5. The present OA is allowed, subject to the outcome of the Writ Petitions currently pending before the Hon'ble High Court of Delhi. No oorder as to costs.
(Dr.
Dr. Anand S Khati)
Khati (Manish Garg)
Member (A) Member (J)
/arti/