Central Administrative Tribunal - Jabalpur
Sumant Kumar Baghmar vs Union Of India The General Manager on 20 April, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
CIRCUIT SITTING : BILASPUR
Original Application No.203/00290/2017
Bilaspur, this Thursday, the 20th day of April, 2017
Honble Mrs. Ranjana Chowdhary, Administrative Member
Honble Dr. Murtaza Ali, Judicial member
1. Sumant Kumar Baghmar, S/o Shri Baghmar Awadh Ram, aged about 37 years, R/o Kutti Para, Mopka, Bilaspur, Bilaspur Dist, CG State 495001.
2. Rahul Mishra, S/o Late A.K. Mishra, aged about 40 years, R/o Behind Pradeep Roys House, R.N.T. Lane, Hemu Nagar, Bilaspur, Bilaspur Dist, CG State.
3. Chaman Lal, S/o Shri Anjori Ram, aged about 37 years, R/o Care Shri K.K. Behra, Murrabhattha Road, Hemu Nagar, Bilaspur, Bilaspur Dist, CG State.
4. R.J. Rajesh, S/o Shri A.P. Jayavardhanan, aged about 43 years, R/o H.No.04, Sharda Vihar Colony, Mopka (Near Rahaul Dhaba) Bilaspur, Bilaspur Dist, CG State.
5. Dhirendra Kumar Singh, S/o Shri Ram Janam Singh, aged about 41 years, R/o Quarter No.305, Block-A, Sai Bhoomi, Guru Nanak Chowk, Towra Bilaspur, Bilaspur Dist, CG State.
6. Y.K. Dewangan, S/o Shri Pati Ram Dewangan, aged about 40 years, R/o Sumitra Vihar, C/o Shri B.J. Dhantole, Hemu Nagar, Bilaspur, Bilaspur Dist, CG State.
7. Sunil Kumar Sahu, S/o Shri Atma Ram Sahu, aged about 40 years, R/o Vijay Nagar, Deorikhurd, Bilaspur, Bilaspur Dist, CG State.
8. Toman Lal Tarar, S/o Shri Meghraj Tarar, aged about 37 years, R/o Care: Dolly Chandra keshav, Murra Bhattha Road, Hemu Nagar, Bilaspur, Bilaspur Dist CG State.
9. Yashwant Kumar Verma, S/o Shri Ghanshyam Prasad Verma, aged about 41 years, R/o Behind Kanha Parisar, Vijay Nagar, DeoriKhurd, Bilaspur, Bilaspur Dist, CG State.
10. D.K. Chandrakar, S/o Shri Parmanand Chandrakar, aged about 37 years, R/o H.No.115, Ward No.1, Vidyalay Chowk, Sisdeori, Baloda Bazar Dist, CG State.
11. Sanjeev Kumar Singh, S/o Shri Naresh Kumar Singh, aged about 35 years, R/o Care Hemant Kumar Singh, Chandra Chowk, Hemnu Nagar, Bilaspur, CG State 495001.
12. Vivekanand Chandra, S/o Shri Nootan Singh Chandra, aged about 40 years, R/o H.No. BH-1178, Krishna Vihar, NTPC Township, Jamnipali, Korba, Korba Dist, CG State.
13. G.L. Tandon, S/o Shri Shyam Charan Tandon, aged about 37 years, R/o Care Sri Y.K. Verma, Vijay Nagar, DeoriKhurd, Bilaspur, Bilaspur Dist, CG State.
14. Sanjay Kumar, S/o Shri Sakha Ram Deweangan, aged about 38 years, R/o Near Santosh Kirana Stores, Santosh Para, Jagriti Chow, Camp-2, Bhiolai, Dist. Durg, CG State 49001.
15. Gupendra Kumar, S/o Shri Lakhan Lal, aged about 37 years, R/o LIG-271, Housing Board Colony, Dadar Road, Charoda, Bhilai, Dist Durg, CG State.
16. Rohit Kumar Tiwari, S/o Shri A.P. Tiwari, aged about 38 years, R/o Care: Surendra Prakash Tripathi, Behind Rajendra Talkies, Near Deepshikha Building, Shahdol (MP State).
17. P. Mohan Rao, S/o Shri P.G. Rao, aged about 39 years, R/o Ward No.23, Near Chandra Chouk, Hemu Nagar, Bilaspur, Bilaspur Dist, CG State. - Applicants
(By Advocate Ms. Veena Nair)
V e r s u s
1. Union of India the General Manager, SEC Railways, Bilaspur, Bilaspur Dist, CG State.
2. Divisional Railway Manager, Office of DRM, SEC Railway, Bilaspur, Bilaspur Dist, CG State 495004.
3. Divisional Railway Manager, Office of DRM, SEC Railways, Raipur, Raipur Dist, CG State -Respondents
(By Advocate Shri Vivek Verma)
O R D E R
By Murtaza Ali, JM.-
MA No.203/00232/2017 filed by the applicants for joining together is allowed. Applicants are permitted to join together.
2. Applicants have prayed for the following reliefs in this Original Application:
8.1 This Honble Tribunal be pleased to accept this Application.
8.2 This Honble Tribunal be pleased to direct that the applicants are deemed to have been appointed from the year 2002, as held by Ernakulum Bench of the Honble Tribunal and the applicants are entitled to GPF and Pension benefit according to old GPF and Pension Rules and all other consequential benefits relating thereto.
8.3 This Honble Tribunal be pleased to grant any other relief that is deemed fit and proper including the cost of this litigation in the interest of justice.
3. At the outset, learned counsel for the applicants submitted that the facts of this Original Application are identical to the facts of O.A No.724/2012 passed by the Ernakulum Bench of the Tribunal and the order dated 15.02.2016 passed by Ernakulum Bench of the Tribunal in O.A. No.180/00020/2015 (Sheeba B. and Anr. v Union of India & Ors.) is applicable to this O.A also. Further, the learned counsel for the applicant also relied upon the judgment dated 26.6.2014 delivered by the Honble High Court of Uttrakhand at Nainital in Special Appeal No.330 of 2013 (State of Uttrakhand and others v Balwant Singh and others).
4. In the instant case also the process of recruitment was commenced in the year 2002 and some persons were also appointed before 1.12.2004, but the applicants were appointed after 1.1.2004, and thus, they were deprived of the claim of GPF and pensionary benefits.
5. In the case of Sheeba B (supra), Ernakulum Bench of the Tribunal has categorically held that the applicants therein are deemed to have been appointed from the date of vacancy arose and they shall be included in the CCS (Pension) Rules, 1972, and the respondents were directed to collect necessary subscription under the Provident Fund Rules and the contributions collected from the applicants under the New Pension Scheme shall be credited to the General Provident Fund account.
6. In the said case, the recruitment process of Postal Assistants was started before the year 2005 against the vacancies arose in the year 2002. It has been contended that the delay occurred in finalizing the recruitment process for the said post was due to the fault of the respondents since the vacancies had arisen in the year, 2002. While relying upon the order dated 28.06.2003 passed by Ernakulum Bench in OA No.724/2012, it has been prayed that applicants are entitled to similar relief. In the said O.A, it has been held as under:
7. After hearing the both sides this Tribunal is of the view since the limited prayer of the applicant is to treat the date of arising of the vacancy of the posts retrospectively as their date of posting for the purpose of pension, it appears to this Tribunal that the O.A. can be allowed as no other third party interest is put in jeopardy and as the applicants will not be eligible for other benefits like pay for the aforesaid period. Hence it is declared that the applicants are deemed to have been appointed from the date the vacancy arose and that they shall be included in the CCS (Pension) Rules 1972. Respondents are directed to collect necessary subscription under the Provident Fund Rules and the contributions collected from the applicants under the new pension scheme shall be credited to their general provident fund account. It is made clear that no other financial benefits including increments and backwages have been granted to the applicants for the aforesaid period.
7. Learned counsel for the respondents conceded that the facts of instant O.A. are identical to OAs Nos.724/2012 and 180/00020/2015 and the order passed by the Honble High Court of Uttrakhand at Nainital in Special Appeal No.330 of 2013.
8. In view of the limited prayer made by the applicants and without going into the merits of the case, we dispose of this Original Application with a direction to the respondents to consider and decide the representations of the applicants in the light of ratio laid down by Ernakulum Bench in OA Nos.724/2012 & 180/00020/2015 and in Special Appeal No.330 of 2013 by the Honble High Court of Uttrakhand, within a period of two months from the date of receipt of a copy of this order by passing a reasoned and speaking order.
(Dr. Murtaza Ali) (Ranjana Chowdhary)
Judicial Member Administrative Member
am
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