Central Administrative Tribunal - Delhi
Vijay Pal Singh vs M/O Defence on 19 April, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 505/2016
New Delhi, this the 19th day of April, 2018
HON'BLE MR. V. AJAY KUMAR, MEMBER (J)
HON'BLE MS. NITA CHOWDHURY, MEMBER (A)
1. Vijaypal Singh Negi, Aged-33 Years,
S/o Late Shyam Singh Negi,
Working as Fireman,
Ordnance Factory, Dehradun
R/o Q-43/4 Ordnance Factory Estate,
Raipur Dehradun
Pin-248008.
2. Kapoor Chand, Aged -38 Years,
S/o Sh. Mangiram
Working as Fireman,
Ordnance Factory, Dehradun,
R/o C-22/06, New Type-III,
OFD Estate Raipur Dehradun.
3. Atinder Singh, Aged-40 Years
S/o Sh. Inder Singh
Working as Fireman,
Ordnance Factory, Dehradun.
R/o 31 Kishan Pur,
Rajpur Road, Dehradun.
4. Sudhir Kumar, Aged -38 Years
S/o Sh. Late Chaterbhoj
Working as Fireman,
Ordnance Factory, Dehradun.
R/o Q-77/1, New Area Ordnance Factory Estate,
Raipur Dehradun.
5. Chirag Khattri, Aged-35 Years
S/o Sh. D.S. Khattri
Working as Fireman,
Ordnance Factory, Dehradun.
R/o Vill-Gangol Panditwari, P.O. Ganghora
District- Dehradun Pin-248141.
2
OA 505/2016
6. Rajeev Kumar Sharma, Aged-45 Years
S/o Sh. D.S. Sharma
Working as Fireman
Ordnance Factory, Dehradun.
R/o Rajeshwar Nagar, Phase-I, Lane No.-III
Sahastradhara Road, Dehradun.
7. Ritesh Chandra, Aged-38 Years
S/o Sh. T.C. Bechain
Working as Fireman
Ordnance Factory, Dehradun
R/o Lane No. 7F Ayudh Vihar
Garhwali Colony Dehradun.
8. Indra Singh, Aged 34 Years
S/o Sh. Param Singh
Working as Leading Fireman,
Ordnance Factory, Dehradun.
R/o Q-77/4 New Area Ordnance Factory Estate
Raipur Dehradun.
9. Suresh Vishwakarma, Aged -37 Years
S/o Late Shyam Singh
Working as Fireman,
Ordnance Factory, Dehradun
R/o H. No. 94 Ishwer Vihar Phase-II, Ladpur
Raipur Ddehradun.
10. Sanjay Kumar, Aged -38 Years
S/o Sh. Chandrama Singh
Working as HS-II
Ordnance Factory, Dehradun.
R/o Type -III, OFD Estate Raipur Dehradun
11. Shiv Kumar, Aged-38 Years
S/o Sh. Shyam Lal
Working as HS-II
Ordnance Factory, Dehradun.
R/o Ayudh Vihar,
Near OFD Estate Raipur Dehradun. .. Applicants
(By Advocate: Shri Yogesh Sharma)
Versus
3
OA 505/2016
1. Union of India
Through the Secretary,
Department of Defence Productions,
Ministry of Defence,
Govt. of India
South Block, New Delhi.
2. The Chairman
Ordnance Factory Board,
Ministry of Defence,
10-A, S.K. Bose Road,
Kolkata-700 001.
3. The General Manager,
Ordnance Factory,
Dehradun(UK) .. Respondents
(By Advocate : Shri R.K. Sharma)
ORDER (ORAL)
By Ms. Nita Chowdhary, Member (A) Heard both the sides.
2. The applicants have filed this O.A. seeking the following relief(s):
"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned orders dated 17.08.2015 (Wrongly mentioned 17.08.2016) (Annex.A/1) declaring to the effect same is illegal, arbitrary and against the principle natural and consequently pass an order directing the respondents to re-fix the pay of the applicant at the stage of Rs. 5830+1900 GP as on 1.1.2006 with all the consequential benefits including the arrears of difference of pay and allowances.
(ii) That the Hon'ble Tribunal may further graciously be pleased to pass an order directing the respondent No.1 to issue an appropriate circular for granting the benefit of one increment for a period of two years of completed 4 OA 505/2016 service put in by applicants and similarly situated persons prior to 01.01.2006 be granted, as provided in Instructions regarding fixation of pay in Gazette Notification No. GSR 622(E) dated 29.8.2008 issued by the Ministry of Finance and consequently fixed the pay of the applicant accordingly with all consequential benefits including the arrears of difference of pay and allowances as held and directed by the Hon'ble Tribunal in OA No.2835/2011.
(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation."
3. After hearing both the parties and, especially, after perusing the counter affidavit filed by the respondents, it becomes clear that the short point in this O.A. is only with regard to whether the applicants are entitled to parity of pay scale as per the judgment of this Court passed in Tejwinder Kaur & Others vs. Union of India & Others in O.A. No. 825/2016 and batch, in which it has been squarely held that the respondents shall refix the pay of the applicants at the minimum prescribed in the CCS (Revised Pay) Rules, 2008, for the respective posts for an entrant who joined on or after 1.1.2006, with all consequential benefits.
4. In this case, the respondents have themselves in their counter reply submitted that in the instant case, the pay in r/o applicants has also been fixed in terms of CCS (Revised Pay) Rules - 2008 and their pay was fixed as per fitment table and subsequently they were granted the Grade Pay of Rs.1900/- w.e.f. 01.01.2006. Later, they 5 OA 505/2016 were given higher pay, i.e. Rs.5830 + 1900/- + Rs.7730, w.e.f. 21.08.2006 i.e. the date when Shri B.B. Mishra, Fireman (junior to all applicants) was appointed as Fireman in this factory and granted the minimum of the pay scale prescribed with Grade Pay @ 1900/- i.e. Rs. 5830+1900 = Rs.7730/-.
5. In view of the above, it becomes clear that the respondents have through fitment table found and given the applicants the minimum pay scale prescribed with Grade Pay as provided to others, but from the date with effect from 21.08.2006. According to the judgment referred to above, i.e. in the case of Tejwinder Kaur (supra), it becomes clear that all the employees in the same cadre are entitled to the same pay from 01.01.2006.
6. Accordingly, in this case also, we direct the respondents that the applicants be given the same benefit as provided to others in their cadre from 01.01.2006, with all consequential benefits. This order shall be complied with by the respondents within 90 days from the date of receipt of a certified copy of this order.
7. Accordingly, the O.A. is disposed of with above directions. No order as to costs.
(NITA CHOWDHURY) (V. AJAY KUMAR) Member (A) Member (J) /Jyoti /