Central Administrative Tribunal - Delhi
Rajaram S/O Bhule Ram vs Government Of Nct Of Delhi Through on 20 February, 2009
Central Administrative Tribunal Principal Bench OA No. 1167/2006 New Delhi, this the 20th day of February, 2009 Honble Mr. Justice V.K. Bali, Chairman Honble Mr. L.K. Joshi, Vice Chairman (A) Rajaram s/o Bhule Ram R/o 1/3606, Loni Road, Shahdara, Delhi 110 032. Applicant (By Advocate: Shri Ashwani Bhardwaj) Versus 1. Government of NCT of Delhi through Secretary, Department of Health & Family Welfare, Secretariat, Players Building, Indraprastha Estate, New Delhi. 2. Additional Secretary (Health), Health & Family Welfare Department, Technical Recruitment Cell, Level 9, Wing A, Delhi Secretariat, Players Building, Indraprastha Estate, New Delhi. 3. Medical Superintendent, Lok Nayak Hospital, New Delhi. Respondents (By Advocate: Sh. Vijay Pandita) ORDER (ORAL) By Mr. L.K. Joshi, Vice Chairman (A):
The applicant, who is a retired OT (Technician), had approached this Tribunal for grant of pay scale of Rs.5000-150-8000. The matter had been considered earlier and was referred to Full Bench whether the scale would be applicable to those OT Technicians who have only the educational qualification of Matriculation in Science plus 10 years experience or only to those who have B.Sc. plus Diploma/Certificate in the relevant subjects. The Full Bench of this Tribunal had considered this matter and given the following opinion:-
17. On the basis of above discussion, the pay scale of OT (Technician) as per the recommendations of V CPC in paragraph 52.78 read with Serial Number XVII (a) Part B of the recommendations would be Rs.5000-150-8000 irrespective of qualifications of B.Sc. plus Diploma/Certificate or Matriculation/ Higher Secondary/ Senior Secondary (10+2) with Science with 10 years experience in Operation Theatre. The contrary view of the learned Bench in OA 2184/2005 is overruled. The OA is remitted to the Division Bench for decision on merit.
2. In view of the observation of the Full Bench, reproduced above, the applicant would be eligible for pay scale of Rs.5000-8000.
3. In view of this, Original Application is allowed and the respondents are directed to re-calculate the pensionary benefits of the applicant and also pay the arrears of the salary on the basis of scale of pay of Rs.5000-8000 applicable to OT Technicians. The aforesaid directions should be complied with within a period of six weeks from the date of receipt of certified copy of this order.
(L.K. Joshi) (V.K. Bali) Vice Chairman (A) Chairman /naresh/