Central Administrative Tribunal - Delhi
Narendra Kumar Mishra vs M/O Personnel,Public Grievances And ... on 20 April, 2022
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O.A. No.198/2020
Item No.23
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.198/2020
Wednesday, this the 20th day of April, 2022
Hon'ble Mr. A K Bishnoi, Member (A)
Hon'ble Mr. R N Singh, Member (J)
Sh. Narendra Kumar Mishra, Aged 56 Years,
Son of Sh. Pitamber Mishra
Working as Section Officer/Court Officer,
In CAT (P.B) New Delhi.
Resident of B-32, Krishna Residency,
Vijay CGHS Limited, Plot No.17, Sector-18 A,
Dwarka, New Delhi-110075
.....Applicant
(Advocate: Mr. Yogesh Sharma)
Versus
1. Union of India
Through the Secretary
Ministry of PPG & Pension, Department of Personnel &
Training, Govt. Of India,
North Block New Delhi
2. The Principal Registrar,
Central Administrative Tribunal, Principal Bench, 61/35,
Copernicus Marg, New Delhi.
......Respondents
(Advocate: Mr. Satish Kumar)
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O.A. No.198/2020
Item No.23
O R D E R (ORAL)
Hon'ble Mr. R. N. Singh, Member (J) The present O.A. has been filed under section 19 of the Administrative Tribunals Act, 1985, wherein the applicant has challenged the order dated 04.11.2019 (Annexure A/1) vide which the request of the applicant for grant of Non-Functional Selection Grade (NFSG) w.e.f. 02.12.2017 by counting four years of his service spent on deputation has been rejected. The applicant has prayed for the following reliefs:-
1. That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 04.11.2019 (Annex. A/1) declaring to the effect that the whole action of the respondents not counting the deputation period of the applicant for the purpose of granting Non-Functional scale is totally illegal, arbitrary and against the law and consequently pass an order directing the respondents to consider and grant the Non-Functional scale of the applicant w.e.f. 02.12.2017 in Grade Pay of Rs. 5400/- after counting the deputation period service of the applicant as qualifying service by way of extending the benefits of judgment passed by the Hon'ble Tribunal, Calcutta Bench in O.A. No. 1015/2013, Bombay Bench in O.A. No. 52/2013 and Principal Bench in O.A. No. 3867/2015 with all the consequential benefits including the arrears of difference of pay and allowances.
2. That the Hon'ble Tribunal may graciously be pleased to pass an order declaring to the effect the condition put in the absorption order dated 25.10.2017 regarding not counting the service rendered on deputation basis for eligibility of grant of NFSG is contrary to the law laid down by the Hon'ble Tribunal and therefore, same may be treated as deleted from the order with all consequential benefits.
3. Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant.
2. Pursuant to notice from this Tribunal, the respondents have filed counter reply.
3. We have heard the learned counsels for the parties and we have also perused the pleadings on record.
3O.A. No.198/2020 Item No.23
4. The undisputed facts leading to the present O.A are that the applicant joined the services of the respondent no. 2 as Section Officer/Court Officer on deputation basis on his selection therefor in accordance with the relevant rules, on 03.12.2013. In his parent department, he was holding the substantive post of Data Processing Assistant-III in the Pay Band-2 Rs.9300-34800 with Grade Pay Rs. 4200/- in National Sample Survey Office. The applicant was granted pay in Grade Pay of 4600/- and Rs. 4800/- through financial upgradations under MACPs. The applicant's willingness was sought by the respondents vide their memo dated 26.04.2017 for his absorption in the cadre of Section Officer/Court Officer under the respondents no.2 with rider that upon his such absorption, he will be assigned seniority in the grade of Section Officer/Court Officer under the respondents no.2 from the date of his permanent absorption and the same will not bestow on him any claim for regular appointment in the grade of SO/CO prior to the date of absorption and service rendered by him on deputation basis in the grade of Section Officer/Court Officer will not be counted for the purpose of seniority in the said grade and for eligibility for grant of NFSG or regular promotion to the next higher grade.
5. Learned counsel for the applicant submits that the issue involved in the present O.A has already been adjudicated by various Benches of this Tribunal and those judgments have attained finality. When the same issue against the same respondents has arisen again in O.A. No. 545/2019 titled Manish 4 O.A. No.198/2020 Item No.23 Ranjan Vs. Union of India and Ors. , this Tribunal has allowed the said O.A. vide Order/Judgment dated 03.09.2021.
6. Learned counsel for the respondents has very fairly submitted that the issue involved in the present O.A. is identical to that in O.A. No. 545/2019, Manish Ranjan (supra). The only argument advanced by the learned counsel for the respondents is that the Order/Judgment dated 03.09.2021 of this Tribunal in the case of Manish Ranjan (supra) is challenged before the Hon'ble High Court of Delhi by way of Writ Petition (Civil) No.3407/2022 and the same is pending adjudication before the Hon'ble High Court of Delhi.
7. On the other hand, Mr. Sharma, learned counsel for the respondents, submits that in the said Writ Petition, even the Hon'ble High Court has not issued notice and the matter is only adjourned.
8. In view of the fact that when it is an admitted fact that the issue involved in the present O.A. has already been decided by this Tribunal in the case of Manish Ranjan (supra), we do not find any reason not to follow the same in the present case also. Accordingly, the present O.A. also deserves to be allowed and the same is accordingly allowed with the following directions:-
(i) The impugned order dated 04.11.2019 (Annexure A/1) is quashed. Condition in the order dated 25.10.2017 (Annexure A/2) that period spent on deputation on the post of SO/CO shall not be counted for determining 5 O.A. No.198/2020 Item No.23 eligibility for grant of Non-Functional grade is also quashed;
(ii) The respondents are directed to count the services of the applicant spent on deputation under the respondent No.2 as 'approved/regular service' for the purpose of grant of Non-functional pay scale of Rs. 8000-13500/-;
(iii) The respondents shall re-fix the pay of the applicant keeping in view the aforesaid direction;
(iv) The respondents shall grant consequential benefits, i.e., difference of pay etc. to the applicant;
(v) The aforesaid exercise shall be completed by the respondents as expeditiously as possible and in any case within a period of eight weeks of receipt of a copy of this Order.
9. However, in the facts and circumstances of the case, there shall be no order as to costs.
( R N Singh ) ( A K Bishnoi )
Member (J) Member (A)
/kk/sb/