Central Administrative Tribunal - Kolkata
Swapan Bhowmik vs M/O Defence on 31 August, 2017
THE CENTRAL ADMINISTRATWE TRIBUNAL 1 L LI M Pi%flW I CALCUTTA BENCH Swapan Bhowmik S/a. Late Jamini Nath Bhowmik, aged about 57 years, working as Majdoor (Redesignated as Tradesman Mate), Defence Service Civilian Employee under Commandant, 5 field Ordnance Depot, C/o 99 APO Bengdubi (WB), Pin Code - 909905 residing at Ramesh Majumder Sarani, Deshbandhu Para, Siliguri, District - Darjeeling (WB) - 734004.
.Applicant
I I I ,j( , , -
-Vs-
Jun'
Union of India service through The Secretary, Ministry of Defence, South Block, Room No. 101-A, New Delhi - 110011. Direcior Generai Ordnance Services, Govt. of India (Ministry of,iDefence) I MGO Branch, IHQ of MOD (Army) Block-t', Room no so New Delhi - 110005 MGAOC HQ Eastern Command (Ordnance), Kolkata - 700 021C/O. 99 APO.
Controller of Defence Accounts (Pay / Army), Govt. of India, Defence Accounts Deptt Patna, P0 - ajendra Path, Patna - sodo 19. Local Audit Officer (Army), C/o. 5 Field Ordnance Depot Bengdubi Dist
- Darjeeling (W.B.) Pin Code -734424.
Commandant 5 Field Ordnance Depot, C/o 99 APO Bengdubi (WB) Pin Code - 909905.
.Respondents MO S 1 CENTRAL ADMINISTRATIVE TRIBUNAL CALCUTTA BENCH Date of order: 3f8.2617 No. OA 350/1161/2017 Present: Hon'ble Mr.A.K.Patnaik, Judicial Member For the applicant : Mr.C.Sinha, counsel ..
For the respondents : None
ORDER,
Mr.A.K.Patnaik, J.M.
Heard Mr.C.Sinha, ld. Counsel appearing for the applicant. None appeared for the respondents.
2. This OA has been filed by the applicant under Section 19 of the A.T. Act, I th 1985 seeking the following relief:
to set aside and quash impugned letter No. 43023/MACP/224/EST-IND dated 20th March 2017 issued by Pers Offr.
To direct the respondents to grant 1t and 2nd financial upgradation under ACP scheme in pay scale of Rs.2650-4000/ and Rs3050-4590/- w.e.f. 9.8.1999 and 4.2.2006 respectively, consequential revision of Pay after granting 1'8t & 2nd ACP under 6th CPC Revised Pay Scales to the Pay Scales of PB-i (5200-20209), t Grade Pay 1900 on 1.1.2006 and PB-i (5200-20200)f'tha8eY 2400 on 4.2.2006 and further direct the respondent to grant 3rd financial upgradation under MACP scheme in grade pay of Rs.2800/- w.e.f. 4.2.2012 with consequential benefit :.of Pay Fixation and annual increments.
To direct the respondents t fix the pay of the applicant under 7th CPC Revised Pay Scale effective from 1.1.2016 with all consequential benefits.
Any other order or order(s) as the Hon'ble Tribunal deems fit and proper.
3. As per the Id. Counsel for the applicant the sum and substance of the OA is that the applicant was appointed in the Central Govt. Defence Civilian Service in the post of Mazdoor on 4.2.1982. He passed Trade Test for re-
CPC categorization /re-designatiOn from Group 'D' post to 'C' post under 51h Pay Rules on 4.5.2009 but did not get any higher pay scale as promotional or other financial benefit. On 27.2.2013 the applicant was re-categorised in the post f Tradesman Mate without any higher pay scale as promotion or other 2 financial benefit. The applicant being aggrieved submitted a representation on 10.5.2017. The respondents issued the impugned order on 20.3.2017 The applicant submitted another representation on 29.3.20 17 which isstifl pending consideration before the respondent authorities.
Hence this application.
ventilatcd his Mr. Sinha submitted that the applicant has aheady 'i.I ':atiC: lif' grievance by preferring a representation dated 29.3,2017 addressed to the respondent No.6 and therefore his grievance will be more or less addressed if a specific direction is issued to the respondent No.6 to consider the 7 (Annexue A/3to the representation preferred by the applicant on 29.3.201, OA), which is still remaining unanswered and pass appropriate orders within rfl a, I specific time frame.
1 do not think it will be prejudicial to either of the sides if .such a direction is given and accordingly without entering into the merits of the case, the OA is disposed of at the admission stage by directing the respondent No.6 to consider the representation dated 29.3.2017, if any such representation has been preferred by the applicant and the same is still pending consideration and dispose it of by passing a well reasoned and speaking order and communicate N the same to the applicant within 6 weeks from the date of receipt of this order.
Though I have not expressed any opinion on the merit of the matter and all the points raised in the representation is kept open for the said respondent No.4 to consider the same as per the rules and regulations in force, still then I hereby direct that after such consideration if the applicant's grievance is found to be genuine then expeditious steps may be taken within a further period of 6 weeks from the date of such consideration to extend those benefits to the applicant by granting higher pay scale and other financial benefits as admissible to him.
With the aforesaid observation and direction the OAk is disposed of at the admission stage itself. No costs.
8. As prayed for by Mr. Sinha, a copy of this order along with the paper book of this OA be transmitted to respondent No.6 by Speed Post for which he will deposit the cost with the Registry within a period of one week.
MEMBER (J) in