Central Administrative Tribunal - Delhi
M.R. Satyarthy vs Union Of India & Others Through on 10 July, 2014
Central Administrative Tribunal Principal Bench New Delhi R.A.No.53/2012 M.A.No.460/2012 M.A.No.461/2012 in O.A.No.1778/2006 and O.A.No.1778/2006 Order Reserved on: 19.02.2014 Order pronounced on 10.07.2014 Honble Shri Justice Syed Rafat Alam, Chairman Honble Shri V. Ajay Kumar, Member (J) Honble Dr. Birendra Kumar Sinha, Member (A) M.R. Satyarthy, S/o Late Shri Lalta Prasad, C/o The DGIS/MISO, Ministry of Defence, DHIS Enclave RAO Tula Ram Marg, New Delhi 110 010. .. Applicant (By Advocate : Ms. Tamali Wad) Versus Union of India & Others Through 1. The Secretary, Department of Expenditure, Ministry of Finance, North Block, New Delhi. 2. The Secretary, Ministry of Defence, South Block, New Delhi. 3. J.S. (Training) & CAO, Ministry of Defence, E Block, Hutments, New Delhi-110011. .. Respondents (By Advocate : Shri Ashish Nischal) O R D E R By Shri V. Ajay Kumar, Member (J):
M.A.No.460/2012 and M.A.No.461/2012:
MA 460/2012 and 461/2012, filed for condonation of delay in re-filing of the RA, and the delay in filing the RA, are allowed, for the reasons mentioned therein and in the interest of justice.
R.A.No.53/2012:
1. The review applicant filed OA No.1778/2006 seeking the following relief(s):
a. to direct the respondents to re-fix the new EDP pay scales of D P A Grade B (Rs.2000-3200) in respect of Applicant with effect from 1.1.86 or from the date of his Appointment on the post of Statistical Assistant whichever is later with all consequential monetary benefits in terms of the judgment of the Honble High Court of Delhi dated 10.1.2002 in Civil Writ Petition No.1212/99 titled Mr. B N Sharma & Ors Versus U O I & Ors and judgement of this Tribunal dated 18.12.2003 in O A No.553/2003 titled R K Sharma & Ors versus U O I & Ors keeping in consonance with the principle of equal treatment as enshrined in Article 14 of the Constitution of India.
2. It is the case of the applicant that he was initially appointed as Statistical Assistant in the pay scale of Rs.1400-2300 on 05.02.1987. The said post has been re-designated as Data Processing Assistant Grade-B with effect from 11.09.1989 as per Office Order dated 06.12.1994. On his promotion, the applicant is now working as Programmer.
3. When the respondents granted the revised EDP Scales w.e.f. 01.01.1986 to some of the juniors of the applicant, in view of the orders of various Courts, and his similar request was rejected by the respondents, on the ground that the orders in the said cases were applicable to the applicants/petitioners therein only, he filed OA No.1778/2006.
4. The said OA filed by the applicant was heard and dismissed along with three other OAs, namely, OA Nos.1953/2005, 2230/2006 and 2231/2006, by a common order dated 06.10.2010. Since in the other three OAs the applicants were granted the revised EDP Scales from 11.09.1989 instead of 01.01.1986, and that the review applicant was not granted the said scales at all, i.e., even w.e.f. 11.09.1989, and as this Tribunal by its common Order dated 06.10.2010 wrongly disposed of his OA also, as if he was granted the revised EDP Scales w.e.f. 11.09.1989, he preferred the present RA.
5. While the said RA is pending on the file of this Tribunal, similar issue in another common order of this Tribunal in OA No.365/2007 with OA 485/2007 came up for consideration before the Honble High Court of Delhi. Since the subject matter in both the common orders is identical, i.e., entitlement of revised EDP Scales w.e.f. 01.10.1986, and the Honble High Court of Delhi noticing conflicting orders, passed by this Tribunal in OA No.1953/2005 and batch on 06.10.2010 (whereunder OA No.1778/2006 against which the present R.A. is field was also disposed of) and in OA No.365/2007 and OA No.2535/2006 on 14.08.2012, remitted the OA Nos.365/2007 and OA No.2535/2006 to this Tribunal to refer to a Larger Bench to consider the issue involved in them, in accordance with law.
6. A Division Bench of this Tribunal noticing the above fact of referring an identical issue to a Larger Bench, referred the present RA also to the Larger Bench for appropriate decision.
7. Admittedly, in OA No.1778/2006 the applicant was not granted with the revised EDP Scales at all. However, in OA Nos.1953/2005, 2230/2006 and 2231/2006 the applicants were granted with the revised EDP Scales, w.e.f. 11.09.1989 and the applicants therein prayed for granting the said scales w.e.f. 01.01.1986. Hence, since the OA No.1778/2006 was wrongly disposed of along with the other OAs, by way of common order, dated 06.10.2010, and in view of the said error apparent, the present RA filed on the said ground is allowed, and the OA No.1778/2006 is restored to its original file.
O.A.No.1778/2006:
8. This Full Bench, today, by a separate order allowed OA No.365/2007 with OA No.2535/2006 by holding that the applicants therein are entitled for the revised EDP Scales, and directed the respondents therein to grant the benefit of refixation of pay with all consequential benefits w.e.f. 01.01.1986.
9. Except the fact that the applicant was not granted with the revised EDP Scales even from 11.09.1989, like the applicants in OA No.365/2007, and OA No.2535/2006, but in all other respects he is similarly placed like the applicants therein. For parity of reasons, he is also entitled for the similar relief.
10. Accordingly, the OA is allowed in terms of the orders passed today by this Full Bench in OA No.365/2007 and OA No.2535/2006. No order as to costs.
(Dr. B.K.Sinha) (V. Ajay Kumar) (Syed Rafat Alam) Member(A) Member(J) Chairman /nsnrvak/