Central Administrative Tribunal - Mumbai
Manoj Yadav vs Iaf on 25 September, 2023
OA No.600/2021 IN THE CENTRAL ADMINISTRATIVE TRIBUNAL « MUMBAI BENCH At MUMBAI ORIGINAL. APPLICATION No.606 of 2021 DATE.OP ORDER : 25" September, 2023 Nebween « Mano} Yadav (son of Phool Chand Vadav), Datre of Birth : 09" August, 1975, age 46 years O1 month, Working as Foreman, (Group °B" post) F-3343B, CO4/TES, Agra! Superintendent, Naval Dockyard, Mumbai and Residing ae L0G, Akashata Apartment, Rambaug Lane No.4, Swalyan (West), Maharashtra -- 421301, Cell 9969008423, Emiailid : manojyadav34] [email protected] ... Applicant (BY ADVOCATE : SHRI R.G. Walia) And 1, Union of India, Through The Secretary, Government of India, Ministry of Deferice, South Block, New Delhi-] 10011, 2. The Chief ofthe Naval Staff Director of Civilian Personnel Integrated Headquarters, Ministry of Defence (Nas v¥}, i* Floor, Annex Building, Talkatora Sus Cum, Wew Delhi -- 110 G01, 3. The Flag OMicer Cammanding-in-Ch Headquarters, Western Comraand, Tie ger © Gate. Naval Dockyard, Mumbai 400001. 4. The Admiral Superintendent, Lion Gate, Naval Dockyard, Mumbai 406 001. ... uespondents (BY ADVOCATE : SHRIR R SHETTY) CORAM : THE HON BLE JUSTICE SHRI M.G.SEWLIKAR : MEMBER (JUDICIAL) EME HON'BLE DR. BHAGWAN SAHAI: MEMBER (ADMINISTRATIVE) OA No:600/2021 ORAL ORDER
PER HON'BLE JUSTICE SHRIM.G. SEWLIKAR, MEMBER wy ed The applicant has filed this Original Application claiming following reliefs ;
"{g) This Hon'ble Tribunal may graciously be pleased to order and direct the Respondents No.2 to abtain clear directions or clarification from Respondent No.1 immediately within 4(four) weeks with regard to the aspect of pay fixation i.e on placement of 50% af the existing Highly Skilled Worker (Grade Pay: Rs. 2400) as Highly Skilled Worker Grade-l (Grade Pay : Rs. 2800/-) with effect from 01.01.2006 on the basis of MoD order dated 14.06.2010 Ge. Annexure #43") whether they are entitled for pay Sxation benefits w.e.f 01.01.2006 under Rule 13 of the CCS (Revised Pay) Rules, 2008 irrespective of the fact they have been given pay fixation benefit on their promotions from HSK-I to HSK-I before issuance of MoD order dated 20° May 2003 (i.e. Annexure *4p%) on the basis of CGDA order dated 30/ 98/2007 (Annexure * 'A2?) and accordingly direct Respondent Nos.3 and 4 to grant proper pay fix ation to the Applicant in accordance with the said mtsttcation/Ordere/Direction from Respondent No.1 and in turn from Respondent No.2 within 4 (four) weeks."
3 The case of the applicant in short ss that the Ministry of Defence has issued the order of restructuring of Artisan Staff Cadre in Defence Establishments. Ministry of Defence has clarified that placement of 50% existing Highly Skilled Worker (Grade Pay: Rs.2400) to Highly Skillec Werke: Grade-T (Gre ha GA Ne.600/2021 pay : Rs.2800) with effect from 01% January, 2006 will be = treated as promotion. The office of Controller General of De fence Accounts has issued davifeation that pay fixation is to be carried out on placement of 50% ofthe existing Highly Skilled Workers (Grade Pay: Rs.2400) to Highly Skilled Workers Grade-] (Grade Pay : Bs.2800) with effect from OLS January, 2006. 3, The applicant had made re presentations for pay xation on his placement as Highly Skilled (Grade Pay: Rs 2400) to Highly Skilled Grade-f (Grade Pay :
< PSO.
Rs 2800) with effect from O18 January, 2006. The Office of Admiral Superinioncdent, Naval Dockyard, Mumbai has issued CE order's corrigendum hat the placement of Highly Skilled Werker Grade-I is to be treated as promotion and they are entitled to increment at the rate oF 3% with effect fram Ot January, 2006. The applicant made another representation on 01° * March, 2014 to resolve the case of his pay fixation. Despite issuance of letter dated tSth April, 2014 by Admiral Superintendent, Naval Dockyard, Mumbai to the Principal Controller of Defence Accourms (Navy) for admitting pay fixation of the applicant by its Wages Section in Naval Dockyard, Mut mai, no decision is taken as yet. Therefore, the applicant is seeking the above relief.
4. Respondents have filed reply. Learned counsel for the Respondents filed MA today in which it is sta ated that If applicant makes a cot ryprehensive representation, the Respondents he directed to decide it within 4 period of four months. Learned counsel for the = applicant submits that repr "esentalion Was already made. No occasion for making another represert ation arises. He is Saad OA No.600/2021 therefore not ready to make any such representation. He submits that the only relief the applicant is claiming is that if the Respondents have any daubt about granting 3% increment treating HSK-fas pro mation, the Respondents may seek clarification from the Ministry of Defence.
5 In view of the above, we direct the Respondents to sonsider the case of the applicant for the relief which we have set out above and if there is any doubt, the Respondents may seek clarification from the Ministry of Defence, This exercise shall be carried out within a period of four months from the date of receipt of certified copy of the order.
6. With these directions, the OA stands disposed of with no order as to costs.
(BHAGWAN SAHAD (M.GISEWLIKAR) MEMBER (A) MEMBER (D Dated: 25" September, 2023.
Dictated in Qpen Court vi.