Central Administrative Tribunal - Delhi
B S N L Mazdoor Sangh vs Anupama Srivastava & Ors on 8 December, 2016
Central Administrative Tribunal
Principal Bench
CP No.350/2016 in OA No.2947/2015
New Delhi, this the 8th day of December, 2016
Hon'ble Mr. Justice Permod Kohli, Chairman
Hon'ble Mr. Shekhar Agarwal, Member (A)
1. A.V. Subramanyam
S/o Sh. A. Ram Mohana Rao
Aged about 57 Years,
HRMS No.198002752, Group B
Department: BSNL, Designation: JTO
Nature of grievance: Pay Fixation
Hyderabad SSA, AP.
2. K. Prafulla Kumari
D/o Tataiah, Aged about 58 Years
HRMS No.198109034, Group-B
Department: BSNL, Designation: JTO
Nature of grievance: Pay Fixation
% DE R/P, cellone, Secunderabad, AP.
3. M. Vijayalakshmi, D/o Sh. M.Gopalachar
Aged about 49 Years
HRMS No.199101236, Group-B
Department: BSNL, Designation: JTO
Nature of grievance: Pay Fixation
% AGM (DS), 4th floor,
Telephone Bhavan, Hyderabad, AP
R/o 2-2-1144/28, New Nallakunta
Hyderabad-50004.
4. A Padmaja, S/o Sh. A. Rajalaxman
Aged about 45 Years, HRMS No.199101237
Group-B, Department: BSNL
Designation: JTO, Nature of grievance: Pay Fixation
% AGM CC&OM, A-201
4th floor, Telephone Bhavan
Saifabad, Hyderabad-4, AP
R/o Plot 54, 2nd Floor, Bapu Bagh Colony,
Prenderghast Rd, Secbad-3.
5. G.Radhakrishna Reddy, S/o Sh. G Musala Reddy
2 CP No.350/16 in OA No.2947/15
Aged about 47 Years
HRMS No.199002434, Group B
Department: BSNL, Designation: JTO
Nature of grievance: Pay Fixation
JTO(E), Electrical Sub Division-I,
HTD, AP Circle, R/o 3-214, LIG, Mayurinagar,
Miyapur, Hyderabad-49
6. P. Srivalli, D/o Sh. P T Krishna Murthy
Aged about 51 Years, HRMS No.198312702
Group-B, Department: BSNL
Designation: JTO, Nature of grievance: Pay Fixation
% DE MSC, Cellone, Ameerpet Exchange Building
R/o flat No.-303, Sneha Enclave,
Srinagar Colony, Hyderabd-73.
7. C.V.Ratnam, S/o Late Sh. C.P.Sarma
Aged about 62 Years, HRMS No.199002430
Group-B, Department: BSNL
Designation: JTO (Retired)
Nature of grievance: Pay Fixation
% OFEM KU, (Retired)
GM Main, Hyderabad, AP.
8. J.Ranganayakulu, S/o Late J. Rangappa
Aged about 60 Years, HRMS 197904226
Group-B, Department: BSNL
Designation: JTO (Retired)
Nature of grievance: Pay Fixation
% SDE (CC&FTTH) LGPL, Hyderabad, AP.
9. A.Dayanand, S/o Sh. Eshwaraiah
Aged about 65 Years, HRMS No.197801907
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
% SDOT Bahadoorpura,
AGM (Extl) CMR, Hyderabad, AP
R/o 19-1-1025, Golla Kidki,,
Puranaphool, Hyderabad-500064
10. K.Sriramulu, S/o Late Sh. K.Nimbaiah
Aged about 62 Years, HRMS No.198007031
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
% SDOT-II, Gowliguda, Hyderabad, AP
3 CP No.350/16 in OA No.2947/15
R/o Flat-505, Classic Residency,
Street No-8, Mylargadda,
Secunderabad-500061.
11. S.Shabir Hussain, S/o Sh. Shaik Ahmad
Aged about 62 Years, HRMS No.198107433
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
% AGM S&M, GM North, Hyderabad, AP.
R/o 24-88/29, East Anand Bagh,
Malkajgiri, Secunderabad. AP
12. Gopal Motilal Solanke
S/o Sh. Motilal Hiraman Solanke
Aged about 60 Years, HRMS No.197907196
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
%DE AT, Nasik, T&D Circle, Jabalpur.
13. Govind Upadhyay, S/o S.N. Upadhyay
Aged about 57 Years, HRMS No.198202228
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
% Sr GM (Zonal), Indore, MP.
14. R.K. Jain,S/o K.L. Jain,
Aged about 55 Years, HRMS No.198401185
Group-B, Department: BSNL
Designation: JTO, Nature of grievance: Pay Fixation
% Sr.GM (Zonal), Indore, MP.
15. Hari Ram Choudhary, S/o R.N. Chaudhary,
Aged about 56 Years, HRMS No.199000574
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
GMTD Indore, MP.
16. Govind Dubey, S/o Sh. V.N. Dubey,
Aged about 63 Years, HRMS No.97601043
Group-B, Department: BSNL
Designation: JTO (Retired)
Nature of grievance: Pay Fixation
% TDM DHAR, MP (Retired)
4 CP No.350/16 in OA No.2947/15
17. Suresh Kumar Parmar, S/o Sh. Gopal Ji Parmar
Aged about 54 Years, HRMS No.198302129
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
% SDO Phones, Neemuch,
TDM Mandsaur, MP
18. Mahesh Kumar Thripathi
S/o Sh. Prabhu Dayal Tripathi
Aged about 53 Years, HRMS No.198403804
Group-B, Department: BSNL
Designation: JTO, Nature of grievance: Pay Fixation
% AGM CFA, Bhind, TDM Morena, MP.
19. Jeevan Ram, S/o Sh. Ganesha Ram Jat
Aged about 52 Years, HRMS No.198503006
Group-B, Department: BSNL
Designation: JTO, Nature of grievance: Pay Fixation
%SDOT Nagaur, Nagaur TDM, RJ.
20. Mahendra Kumar Sharma
S/o Sh. Sitarama Sharma
Aged about 55 Years, HRMS No.198806197
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
JTO Nawalgarh, Jhunjhunu Dt. Rj.
21. Ashok Kumar Deb
S/o Late Sh. D.R. Deb
Aged about 64 Years, HRMS No.197707998
Group-B, Department: BSNL
Designation: JTO (Retired)
Nature of grievance: Pay Fixation
% GM Krishanagar (Retired),
Nadia, WB.
22. Swapan Kumar Ballav
S/o Late Sh. G. Ballav
Aged about 55 Years, HRMS No.198605717
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
% SDE Groups, Jhalda TE, WB-723202.
5 CP No.350/16 in OA No.2947/15
23. Monotosh Mondal, S/o Late Sh. S. Mondal
Aged about 54 Years, HRMS No.198605848
Group-B, Department: BSNL
Designation: JTO
Nature of grievance: Pay Fixation
% SDE ETR, Darjeeling, WB.
..Applicants
(By Advocate: Ms. Rani Chhabra)
Versus
1. Anupam Srivastava
Chairman-cum-Managing Director
BSNL Corporate Office
3rd Floor, Bharat Sanchar Bhawan
Janpath, New Delhi.
2. Smt. Jujata Rai
Director H.R., BSNL Corporate Office
3rd Floor, Bharat Sanchar Bhawan
Janpath, New Delhi.
3. Madhu Arora, G.M. Estt.
BSNL Corporate Office
5th Floor, Bharat Sanchar Bhawan
Janpath, New Delhi.
...Respondents
(By Advocate: Shri Sameer Agarwal)
ORDER (ORAL)
Justice Permod Kohli, Chairman :-
Vide judgment dated 12.08.2015 passed in OA No. 2947/2015 following directions were issued:-
"According to the applicants, they are similarly placed as the applicants in OA No.1282 of 2012 which was decided by this Tribunal vide Order dated 26.8.2010. The relevant portion of the said judgment reads as under:-6 CP No.350/16 in OA No.2947/15
"2. Inasmuch as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors., (TA No.84/2008 and other connected TAs decided on 15.07.2009), there will be no need to give facts in detail.
3. We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same. We are, however, informed that against the judgment aforesaid, respondents have filed two writs in the Hon'ble High Court of Kerala and the same have been admitted, but in none of these two writs, stay has been granted. If perhaps, the respondents would have obtained the stay, we may have adjourned this case sine die. But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting the relief granted to them, there will be no need whatsoever to stay the proceedings of this case.
4. For parity of reasons, we allow present Original Application in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors.(supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by the respondents in Kerala High Court. That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore, there will be no need for the respondents to file separate writ in this case.
2. Learned counsel for the applicants has further submitted that the aforesaid Order of this Tribunal was upheld by the Hon'ble High Court of Delhi in Writ Petition (Civil) No.13.1.2012, vide 7 CP No.350/16 in OA No.2947/15 their Order dated 13.1.2012. Against the aforesaid Order, SLP (C) No.4583 of 2012 preferred by the respondents was also dismissed by the Hon'ble Supreme Court vide their judgment dated 20.2.2013.
3. In view of the above submissions made by the learned counsel for the applicants, we dispose of this OA with the directions to the respondents to consider the case of the applicants and pass appropriate orders under intimation to them. If the applicants are similarly placed as the applicants in the aforesaid OA, they shall also be extended the same benefits. The aforesaid Order shall be complied with, within a period of two months from the date of receipt of a copy of this Order. There shall be no order as to costs."
2. The respondents have filed additional affidavit dated 25.11.2016. Shri Sameer Agarwal, learned counsel appearing for the respondents has referred to letter dated 22.12.2015 passed by the respondents for grant of benefits to the similarly situated employees. Apart from that in para 8 of the compliance affidavit following averments have been made:-
"8. That in this regard the answering respondent states that the pay of the applicants was fixed under the provisions of FR-22 1 (a)(i) on the same analogy on which the Hon'ble CAT Ernakulam Bench had ordered for pay fixation in TA No. 84/2008 decided on 15.07.2009. The answering respondents clarify that the applicants pay was fixed under FR-22 1 (a)(i) from the date they started to officiate in the grade of JTO. At the time of revision of pay w.e.f. 01.01.2007 the applicants pay was fixed in the substantive grade of TTA. The pay was re-fixed in the capacity of officiating JTO, as per the provisions of pay fixation, by 8 CP No.350/16 in OA No.2947/15 granting of increment equal to 3% of the basic pay in the substantive grade."
3. The only direction of this Tribunal was to treat the applicants in OA No.2947/2015 at par with the employees who were applicants before the Ernakulam Bench. Para 8 of the affidavit clearly states that the same benefits have been accorded to the applicants in this OA at par with the applicants in the Ernakulam Bench. Mrs. Rani Chhabra, learned counsel appearing on behalf of the applicants, however, submits that the order dated 22.12.2015 (Annexure R-1) annexed with this affidavit, is not in accordance with FR-22 (1)(a)(i). She further submits that this order is already under challenge in some other court case filed by other similarly situated applicants. In any case, the validity of the order cannot be examined in the present contempt proceedings and the applicants are at liberty to seek remedial measures, if so advised, in accordance with law. The fact remains that the Order of this Tribunal has been substantially complied with as per the averments made in para 8 of the compliance affidavit.
4. In this view of the matter, we do not feel that the present proceedings can continue further. Hence, the contempt proceedings are dropped. Notices issued to the alleged contemnors are discharged.
( Shekhar Agarwal ) (Justice Permod Kohli)
Member(A) Chairman
/vb/