Central Administrative Tribunal - Delhi
Laxmi Dhar vs M/O Home Affairs on 17 January, 2023
1
OA No. 870/2015
Item No. 16
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 870/2015
M.A. No. 813/2015
M.A. No. 776/2017
This the 17th day of January, 2023
Hon'ble Mrs. Pratima K Gupta, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. Laxmidhar,
S/o Sh. Amba Dutt Sharma,
Aged about 46 years,
Working as Naik Cook,
R/o Bagatu, Post- Basha,
Distt. Solan, Himachal Pradesh
2. Gopal Singh,
S/o Sh. Netra Singh,
Aged about 48 years,
Working as Naik Cook,
R/o Taal, Post- Gwaldum,
Distt. Chamauli, U.K.
3. Jaswant Singh,
S/o Sh. Dayal Singh,
Aged about 49 years,
Working as Naik Cook,
R/o Marora, Teh- Chawata Khal
Distt. Pouri Garhwal, U.K.
4. Amar Nath,
S/o Sh. Jai Singh,
Aged about 35 years,
Working as Naik Cook,
R/o Kadahil, Post-Chaunan,
Distt. Kullu, Himachal Pradesh
5. Sukhdev,
S/o Sh. Malak Ram,
2
OA No. 870/2015
Item No. 16
Aged about 35 years,
Working as Asst. Cook,
R/o Tunnu, Post- Kalar,
Distt. Bilaspur, Himachal Pradesh
6. Sonwal,
S/o Sh. Vigul Chandra,
Aged about 43 years,
Working as Asst. Cook,
R/o Tehsil & Distt. Tinsukhia,
Assam
7. Sujit Namosudra,
S/o Late Sh. Boroda Namosudra,
Aged about 41 years,
Working as Naik Cook,
R/o Dayaboshana, Post- Kaliganj Bazar,
Distt. Kaliganj, Assam
8. Diganta Sharma,
S/o Sh. Lohit Sharma,
Aged about 44 years,
Working as Naik Cook,
R/o Vill & Post-Moranhat,
Distt. Dibrugarh, Assam
9. Krishna Chaudhary,
S/o Sh. Romani Choudhary,
Aged about 41 years,
Working as Naik Cook,
R/o Vill & Post- Betaga,
Distt. South Tripura, Tripura
10. Sukhdev Kundu,
S/o Late Sh. Khokon Ch. Kundu,
Aged about 35 years,
Working as Naik Cook,
R/o Vill & Post-Ranidanga (North),
Distt. Darjeeling, West Bengal
3
OA No. 870/2015
Item No. 16
11. Romen Malakar,
S/o Sh. Monoranjan Malakar,
Aged about 45 years,
Working as Naik Cook,
R/o Durga Nagar Part-5, Shri Rampalli
Post- Udharbond,
Distt. Cachar, Assam
12. Lobzang Yishey,
S/o Sh. Lobzang Tsyring,
Working as Naik Cook,
Aged about 39 years,
R/o Vill- Mane, PO- Mane Gopma,
Distt. Lahul Spiti (HP)
13. Kishori Lal,
Aged about 42 years,
S/o Sh. Sarwan Kumar,
Working as Asstt. Cook,
R/o Vil-Dol, Post - Barana,
Distt. Kangra, Himachal Pradesh
14. Sardari Lal,
S/o Late Sh. Gurdat Singh,
Aged about 59 years,
Working as Naik Cook,
R/o Vill-Khrian, PO-Jawali,
Distt. Kangra, H.P
15. Prem Singh,
S/o Gulaba Ram,
Aged about 57 years,
Working as Naik Cook,
R/o Vill-Sindher, PO-Taliana,
Distt. Bilaspur, H.P.
16. Rup Lal,
S/o Sh. Joginder Pal,
Aged about 47 years,
Working as Cook,
R/o Vill & Post Indora,
4
OA No. 870/2015
Item No. 16
Distt. Kangra, H.P.
17. Dharam Pal,
S/o Sh. Chet Ram,
Aged about 39 years,
Working as Asstt. Cook,
R/o Vill- Tuhnu, PO- Kallar,
Distt. Bilaspur, H.P.
18. Chhota Ram,
S/o Sh. Durga Ram,
Aged about 46 years,
Working as Naik Cook,
R/o Vill-Souty, PO- Chharol,
Distt. Bilaspur, H.P.
19. Ashok Kumar,
Aged about 45 years,
Working as Asstt. Cook,
R/o V+P Lahrun, Th. Pathankot,
Distt. Gurdas Pur, Punjab
20. Ram Pal,
S/o Sh. Lal Ram,
Aged about 44 years,
Working as Naik Cook
R/o Vill. Uncha Samana,
Distt. Karnal, Haryana
21. Khem Raj,
S/o Sh. Jai Singh,
Aged about 50 years,
Working as Naik Cook,
R/o Vill-Kadahil, PO- Chanaun,
Distt. Kullu, H.P.
...Applicants
(By Advocate : Mr. M K Bhardwaj)
5
OA No. 870/2015
Item No. 16
Versus
UOI & Ors. Through
1. The Secretary,
Govt. of India,
Ministry of Home,
North Block, New Delhi
2. The Director General,
Sashastra Seema Bal,
East Block, R.K. Puram,
New Delhi-110066
3. The Secretary,
Department of Expenditure,
Ministry of Finance,
North Block, New Delhi
... Respondents
(By Advocate: Dr. Ch Shamsuddin Khan)
6
OA No. 870/2015
Item No. 16
O R D E R (ORAL)
Hon'ble Mrs. Pratima K Gupta, Member (J) In the present Original Application, the applicants have sought the following reliefs:
"(i) To quash and set aside the impugned order dated 26.09.2014 and direct the respondents to grant the pay scale of Rs. 4000-6000/5200-
20200/- with higher grade pay of Rs. 2000, 2400 & 2800 to the applicants from due dates with all consequential benefits including arrears of pay as given to identically placed persons.
(ii) To direct the respondents to maintain parity in the matter of pay and promotional avenues between applicants cadre and other civil and combatised cadre under the nomenclature SFA, AFO, FO etc. with Grade Pay of Rs. 2000, 2400, 2800 etc.
(iii) To direct the respondents to create promotional avenue for applicants promotion at par with Medical/ General Duty etc.
(iv) to allow the OA with exemplary cost.
(v) to pass such other and further orders which their lordships of this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case."
2. The brief facts of the Original Application are that the applicants who are serving as Cook, Assistant Cook, Naik Cook, Chowkidar, Nursing Assistant, Cleaner (MT), Dhobi, Safaiwala, SEA(Tailor), FA(Mason), FA(Barber), etc. in SSB and do not have the same Recruitment Rules, rank and hierarchy structure available to that of FA, SFA & AFO of SSB and ARC, SFF & RAW as they are having different cadres and are performing different nature of duties and responsibilities. It has been observed that the 7 OA No. 870/2015 Item No. 16 present applicants are seeking parity in the pay and promotional avenues with their counterparts and similarly placed persons serving under the respondents were different posts such as SFA, AFO, FO etc. With respect to their grievance, the applicants approached this Tribunal earlier in an O.A. No. 2511/2014. The said OA was decided by this Tribunal on 28.07.2014 by passing a following order:
"7. In view of the above, the Application is disposed of with direction to Respondent No.2 to examine the grievance of the applicants made through the aforesaid representation and dispose of the same by a speaking order expeditiously, keeping in view the authorities on which the applicants are placing reliance, preferably within a period of three months from the date of production of certified copy of this order. The applicants may also be given personal hearing in case they so desire. It is made clear that we have not expressed any opinion on merit of the case and the same, in the first instance, is to be considered and decided by the concerned authority.
8. With the above directions, OA stands disposed of. There shall be no order as to costs."
3. In compliance of the said order, the respondents have rejected the claim of the applicants vide order dated 26.09.2014. Aggrieved by the same, the applicants have preferred this OA.
4. Learned counsel for the applicants submits that the respondents, in fact, have granted the same benefits to 8 OA No. 870/2015 Item No. 16 SFA, AFO, FO etc., of SSB while comparing them with the SFA, AFO, FO etc., of the different Organizations under the Ministry of Home Affairs. He states that the case of the applicants have not been considered in letter and spirit and the same has been rejected by the respondents without considering the grounds raised in the representation. He further reiterates that the respondents were required to pass necessary orders regarding pay etc. particularly regarding grant of grade pay of Rs. 2000/- to the applicants at par with other group-C posts i.e., FA (Painter), FA(Electrician), FA(Blacksmith), FA(G), FA(FF). It is relevant to note that there is no difference in the aforesaid Group-C posts and the posts held by the applicants.
5. Learned counsel for the respondents vehemently opposes the Original Application and submits that the present applicants are not having any parity with the applicants in OA No.1011/2011 titled J.S. Thakur and Others Vs UOI & Others, OA No.2866/2012 Atma Prakash Dixit & Others VS UOI & Others and OA No.1396/2014 titled Yogendra Pal Singh & Others Vs UOI 9 OA No. 870/2015 Item No. 16 & Others. The operative portion of the judgement of OA No.2866/2012 Atma Prakash Dixit & Others VS UOI & Others is reproduced as under:-
"We are, therefore, of the considered view that the Respondents have acted in violation of Articles 14 and 16 of the Constitution of India in granting lesser grade pay to the SFA, AFO, FO etc. of SSB from SFA, AFO, FO etc. serving in ARC, RAW and SFF without justification. When there is no change in the nature of duties and responsibilities of the applicants after shifting of administrative control of SSB from Cabinet Secretariat to Ministry of Home Affairs, the Respondents should have maintained the same grade pay to them also at par with the grade of the corresponding posts in all the organizations still under Cabinet Secretariat. The FOS under the SSB, as already stated, have already obtained an order for granting them the same grade pay of Rs 4800/- at par with the FOs of ARC, SFF, RAW etc. with effect of 1.1.2006 vide order of this tribunal In OA No.1011/2011(supra) and the respondents have already implemented the order."
6. Therefore. FA, SFA and AFO of SSB who were applicant of the ibid OA, have been granted similar pay scales as applicable to their counterparts in ARC, SFP and RAW. Accordingly, administrative order for grant of pay scales to FA, SFA & AFO of SSB have been granted to the applicants only as applicable to the similar situated employees of ARC, SFF & RAW granted vide order No.132/SSB/LC/Pers-III/2012/866-930 dated 12.02.2014 and order No.132/SSB/LC/Pers- III/2012/1330- 1361 dated 4.03.2014 (Annexure-1&2).
7. After arguing for some time, the counsel for the applicants submits that the applicants would be satisfied 10 OA No. 870/2015 Item No. 16 if their grievance is re-visited by the respondents. He prays that the present Original Application may be treated as a representation and the respondents be directed to decide the same by passing a reasoned and speaking order.
8. In view of the limited submissions made by the applicants' counsel, the respondents are directed to treat the present O.A. No. 870/2015 as a fresh representation and decide the same keeping in view, the judgments annexed with the Original Application, within a period of 8 weeks from the receipt of a certified copy of this order.
9. OA is disposed of in aforesaid terms.
MA is also disposed of.
(Chhabilendra Roul) (Pratima K Gupta)
Member (A) Member (J)
/aks/