Central Administrative Tribunal - Delhi
Ravinder Kumar vs Delhi Jal Board, Govt. Of Nctd on 16 August, 2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA No-2409/2019
MA No-2604/2019
With
OA No-2410/2019
MA No-2605/2019
OA No-2411/2019
MA No-2606/2019
And
OA No-2413/2019
MA No-2608/2019
New Delhi, this the 16th day of August, 2019
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
OA No-2409/2019 , MA No-2604/2019
Ravinder Kumar, Asst Section Officer, Emp Code No-20009217
Group-B, Age 47 years,
S/o Sh. Ram Kumar,
Roshan Mandi, Near Surya Kiran Hospital,
Majafgarh, New Delhi-110043. ... Applicant
(through Sh. Rajendra Kumar)
Versus
1. Union of India,
Through Secretary,
Ministry of Finance, Department of Expenditure,
New Delhi-110011.
2. Union of India,
Through Secretary,
Ministry of Personnel, Public Grievances and Pension,
Department of Personnel and Training,
2
OA-2409/19 with OA-2410/19,
OA-2411/19 and OA-2413/19
2nd Floor, Sardar Patel Bhawan,
Sansad Marg, New Delhi-110001.
3. The CEO,
Delhi Jal Board, Govt. of NCT of Delhi,
Varunalaya, Phase-II, Karol Bagh,
New Delhi-110005. ... Respondents
(through Sh. Sanjay K. With Ms. Kalpana Devi for R. Nos. 1 and
2 and Sh. Rajeev Kumar for R. No. 3)
OA No-2410/2019 , MA No-2605/2019
1. Sanjay Kumar, Asst Section Officer, Emp Code No-20006087
Group B, Age-47 years,
S/o late Sh. Daya Chand,
C-1/31, Muskan Apartment, Sector-17
Rohini, New Delhi-110089.
2. Anil Kumar Ranga,
Asst Section Officer, Emp Code No-20009321
Group B, Age -49 years,
S/o Sh. Devi Singh,
2116-P, Sector-3, Rohtak(Haryana-124001).
3. Ashwani Kumar,
Asst Section Officer, Emp Code No-20009174
Group-B, Age-46 years,
S/o Sh. S C Vardia, 159(2nd Floor), Sector-2/B,
Vaishali, Ghaziabad, UP-201010.
4. Chander Bhan Sharma,
Asst Section Officer, Emp Code No-20008872
Group B, Age-55 years,
s/o Late Sh. Bankey Lal,
99-E, DA Block, Hari Nagar, New Delhi-110064.
5. Raj Kumari, Asst Section Officer, Emp Code No-20009185
Group B, Age-53 years,
W/o Sh. Ravinder Kumar, House No. 21, PocketC-7,
Sector-7, Rohini, New Delhi-112285.
3
OA-2409/19 with OA-2410/19,
OA-2411/19 and OA-2413/19
6. Vijay Kumar, Asst Section Officer, Emp Code No-20008381
Group B, Age-53 years,
S/o Sh. A.R. Basetia, B-4/45, Ashok Vihar,
New Delhi-110052.
7. Vinod Kumar, Asst Section Officer, Emp Code No-20009194,
Group B, Age-51 years,
S/o Sh. S.S. Gupta, Plot No. 8, Sector-10
Chandanwari Apartment, Dwarka, New Delhi-110075.
... Applicant
(through Sh. Rajendra Kumar)
Versus
1. Union of India,
Through Secretary,
Ministry of Finance, Department of Expenditure,
New Delhi-110011.
2. Union of India,
Through Secretary,
Ministry of Personnel, Public Grievances and Pension,
Department of Personnel and Training,
2nd Floor, Sardar Patel Bhawan,
Sansad Marg, New Delhi-110001.
3. The CEO,
Delhi Jal Board, Govt. of NCT of Delhi,
Varunalaya, Phase-II, Karol Bagh,
New Delhi-110005. ... Respondents
(through Sh. Sanjay K. With Ms. Kalpana Devi for R. Nos. 1 and
2 and Sh. Rajeev Kumar for R. No. 3)
OA No-2411/2019 , MA No-2606/2019
1. Sanjay Kumar, Asst Section Officer, Emp Code No-20006087
Group B, Age-47 years,
S/o late Sh. Daya Chand,
C-1/31, Muskan Apartment, Sector-17
Rohini, New Delhi-110089.
4
OA-2409/19 with OA-2410/19,
OA-2411/19 and OA-2413/19
2. Anil Kumar Ranga,
Asst Section Officer, Emp Code No-20009321
Group B, Age -49 years,
S/o Sh. Devi Singh,
2116-P, Sector-3, Rohtak(Haryana-124001).
3. Ashwani Kumar,
Asst Section Officer, Emp Code No-20009174
Group-B, Age-46 years,
S/o Sh. S C Vardia, 159(2nd Floor), Sector-2/B,
Vaishali, Ghaziabad, UP-201010.
4. Chander Bhan Sharma,
Asst Section Officer, Emp Code No-20008872
Group B, Age-55 years,
s/o Late Sh. Bankey Lal,
99-E, DA Block, Hari Nagar, New Delhi-110064.
5. Raj Kumari, Asst Section Officer, Emp Code No-20009185
Group B, Age-53 years,
W/o Sh. Ravinder Kumar, House No. 21, PocketC-7,
Sector-7, Rohini, New Delhi-112285.
6. Vijay Kumar, Asst Section Officer, Emp Code No-20008381
Group B, Age-53 years,
S/o Sh. A.R. Basetia, B-4/45, Ashok Vihar,
New Delhi-110052.
7. Vinod Kumar, Asst Section Officer, Emp Code No-20009194,
Group B, Age-51 years,
S/o Sh. S.S. Gupta, Plot No. 8, Sector-10
Chandanwari Apartment, Dwarka, New Delhi-110075.
... Applicants
(through Sh. Rajendra Kumar)
Versus
The CEO,
Delhi Jal Board, Govt. of NCT of Delhi,
Varunalaya, Phase-II, Karol Bagh,
New Delhi-110005. ... Respondents
5
OA-2409/19 with OA-2410/19,
OA-2411/19 and OA-2413/19
(through Sh. Rajeev Kumar)
OA No-2413/2019 , MA No-2608/2019
Vijay Narain Singh, Section Officer, Emp Code No-20006087
Group-B, Age 57 years,
S/o Sh. Bhagwat Singh,
R/o H-150, Karampura Shivaji Nagar,
New Delhi-110015. ... Applicant
(through Sh. Rajendra Kumar)
Versus
1. Union of India,
Through Secretary,
Ministry of Finance, Department of Expenditure,
New Delhi-110011.
2. Union of India,
Through Secretary,
Ministry of Personnel, Public Grievances and Pension,
Department of Personnel and Training,
2nd Floor, Sardar Patel Bhawan,
Sansad Marg, New Delhi-110001.
3. The CEO,
Delhi Jal Board, Govt. of NCT of Delhi,
Varunalaya, Phase-II, Karol Bagh,
New Delhi-110005. ... Respondents
(through Sh. Sanjay K. With Ms. Kalpana Devi for R. Nos. 1 and
2 and Sh. Rajeev Kumar for R. No. 3)
ORDER(ORAL)
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman 6 OA-2409/19 with OA-2410/19, OA-2411/19 and OA-2413/19 MA No. 2604/2019, MA No-2605/2019, MA No-2606/2019 and MA No-2608/2019 These four applications have been filed by the applicants with a prayer to condone the delay. In certain cases, the application is filed as a matter of abundant caution and in other cases, the application is filed to enable them to challenge the order after expiry of the period of limitation. After hearing the learned counsel for the applicants, we are of the view that the delay can be condoned particularly, having regard to the fact that the cause of action is continuous in nature. The MAs are accordingly allowed and the delay is condoned.
OA No-2409/2019, OA No. 2410/2019, OA No-2411/2019 and OA No. 2413/2019 The applicants joined the service of Delhi Jal Board as Lower Division Clerks. They are stated to have been extended the benefit of Non Functional Selection Grade (NFSG for short) at different points of time, putting them in the pay scale of the next higher post, which carried the Grade Pay of Rs. 4200/- . They are promoted on regular basis to the post of Head Clerk on different dates in the year 2015. The applicants made representations to the respondents with a prayer to permit them to exercise options to 7 OA-2409/19 with OA-2410/19, OA-2411/19 and OA-2413/19 treat the upgradation w.e.f. 01.01.2006, as was done in certain cases and to extend the benefit of Grade Pay of Rs. 4600/- ever since they have been put in the NFSG. While in one case, the request was rejected, in other cases, the representations are still pending.
2. We heard Sh. Rajendra Kumar, learned counsel for the applicants and Sh. Sanjay K. And Sh. Rajeev Kumar, learned counsel for the respondents.
3. A perusal of the representations made by the applicants discloses that they are loaded with several unnecessary and complicated issues. One such issue is about the exercise of option. The applicants are not clear as to when the option, if at all, was given to different categories of employees and as to why it was not extended to them, at the relevant point of time. We are not inclined to grant any relief to the applicants as regards the exercise of option at this point of time. Another reason is that even where the options were exercised, the employees who exercised them have virtually repented for choosing them and representations poured in to the respondents, to enable them to revise their options. When such is the case, where options were permitted to be exercised, we cannot 8 OA-2409/19 with OA-2410/19, OA-2411/19 and OA-2413/19 direct the respondents to extend the benefit of option to the applicants at this stage.
4. So far as the plea, as to granting the benefit of Grade Pay of Rs. 4600/- is concerned, it is not in dispute that the applicants were extended that Grade Pay on being promoted on regular basis. The dispute is only about the period from which they were in NFSG. The question, as to whether the enhancement of Grade Pay from Rs. 4200/- to 4600/- would cover the NFSG also needs to be examined by the respondents.
5. We, therefore, dispose of the OAs directing the respondents to pass appropriate orders within two months as to whether the applicants are entitled to be extended the benefit of the enhanced Grade Pay of Rs. 4600/- ever since the applicants were put in the NFSG vis-a-vis the post of Head Clerk.
There shall be no order as to costs.
(Mohd. Jamshed) (Justice L. Narasimha Reddy)
Member (A) Chairman
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