Central Administrative Tribunal - Chandigarh
Dr Shakha Sharda vs Education Deptt., Ut Chandigarh on 22 July, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
OA 60/160/2024
Chandigarh, this the 22.07.2024
HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)
1. Dr. Shakha Sharda d/o Sh. Madan Lal Sharma, aged 43
years, working as Assistant Professor. Environment Studies,
at PGGC, Sector 11. Chandigarh -160011.
2. Dr. Jasbir Kaur d/o S. Gurdev Singh, aged 45 years,
working as Assistant Professor, Punjabi, at PGGC, Sector
11, Chandigarh - 160011.
3. Dr. Shalini Wadhwa Batra d/o Late Sh. Suresh Kumar
Wadhwa, aged 48 years, working as Assistant Professor,
English, at PGGC. Sector 11, Chandigarh -160011.
4. Dr. Anshul Singh Thapa s/o Sh. Narender Singh Thapa,
aged 39 years, working as Assistant Professor, Physical
Education, at PGGC, Sector 11, Chandigarh-160011
5. Dr. Sushil Kalta s/o Sh. Narinder Kalta, aged 47 years,
working as Assistant Professor, Physical Education, at
PGGC, Sector 11, Chandigarh-160011..
6. Dr. Gaurav Dureja s/o Sh. Sham Sunder Dureja, aged
40, years, working as Assistant Professor, Physical
Education, at PGGC, Sector 11, Chandigarh -160011.
7. Dr. Suresh Chander s/o Sh. Sh. Kali Ram, aged 45 years,
working as Assistant Professor, Philosphy at PGGC, Sector
11, Chandigarh-160011.
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8. Dr. Suman Bala d/o Late Sh. Naresh Gupta, aged 44
years, working as Assistant Professor, Physical Education,
at PGGC, Sector 11, Chandigarh -160011.
9. Dr. Rajeshwari d/o Sh. Norang Lal, aged 37 years,
working as Assistant Professor, Physical Education, at
PGGC, Sector 11, Chandigarh-160011.
10. Dr. Rasan Billing d/o S. Charanjit Singh, aged 43 years,
working as Assistant Professor, Physical Education, at
PGGC, Sector 11, Chandigarh-160011.
11. Dr. Bhagwat Singh s/o Sh. Jagdish Singh, aged 41
years, working as Assistant Professor, Physical Education,
at PGGC, Sector 11, Chandigarh-160011.
12. Dr. Shabana Gandhi d'o Sh. Om Parkash Gandhi, aged
46 years, working as Assistant Professor. Economics, at
Govt Home Science College, Sector 10, Chandigarh-
160011.
13. Mrs. Anupreet d/o Sh. A. S. Wadhwa, aged 43 years,
working as Assistant Professor, Commerce, at PGGC, Sector
11, Chandigarh -160011.
14. Dr. Bhavneet Kaur d/o Sh. Sukhwant Singh, aged 40
years. working as Assistant Professor, Hygiene and
Physiology, at Govt Home Science College, Sector 10,
Chandigarh-160011.
15. Dr. Sandeep Kumar s/o Sh. Chander Prakash, aged 37
years. working as Assistant Professor, Sanskrit, at PGGC,
Sector 11, Chandigarh-160011.
16. Dr. Narinder Singh s/o Sh. Naseeb Singh, aged 45,
years, working as Assistant Professor, Psychology, at PGGC,
Sector 11. Chandigarh-160011.
17. Dr. Ramesh Singh s/o Sh. Kishan Singh, aged 40 years,
working as Assistant Professor, Physical Education, at
PGGC, Sector 11, Chandigarh-160011.
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18. Dr. Prabhavit Dobhal s/o Late Sh. Surinder Dobhal,
aged 37 years, working as Assistant Professor, Defense
Studies, at PGGC, Sector 11. Chandigarh -160011.
19. Dr. Parkash Singh s/o Sh. Prem Singh, aged 45 years,
working as Assistant Professor, Punjabi, at PGGC, Sector
11. Chandigarh.
20. Dr. Avtar Singh s/o Sh. Rodu Ram, aged 45 years,
working as Assistant Professor, History, at PGGC, Sector
11, Chandigarh - 160011.
21. Dr. Ashok Kumar s/o Sh. Bihari Lal, aged 49 years,
working as Assistant Professor, Physical Education, at
PGGC, Sector 11, Chandigarh-160011
22. Dr. Nisha d/o Sh. Som Nath, aged 48 years, working as
Assistant Professor, Hindi, at PGGC, Sector 11, Chandigarh-
160011.
23. Dr. Mamta Joshi d/o Sh. Satish Kumar, aged 45 years,
working as Assistant Professor, Music, at PGGC, Sector 11,
Chandigarh - 160011
24. Dr. Rajkumar Herojeet s/o Sh. Rajkumar Surjeet, aged
37 years, working as Assistant Professor. Environment
Studies at PGGC, Sector 11, Chandigarh-160011
25. Dr. Stuti Sharma d'o Sh. Dinesh Kumar Sharma, aged
37 years, working as Assistant Professor, English, at PGGC,
Sector 11, Chandigarh-160011
26. Dr. Ishita Sharma d'o Lt Dr. B.S. Gahlaut, aged 37,
years, working as Assistant Professor, Economics, at PGGC,
Sector 11, Chandigarh-160011
27. Dr. Suraj Thappa s/o Sh. Chaman Lal Thappa, aged 39
years, working as Assistant Professor, Political Science, at
PGGC, Sector 11, Chandigarh-160011
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28. Dr. Subpreet Sandhu d/o Dr. Dharam Singh Sandhu,
aged 34 years, working as Assistant Professor, English, at
PGGC, Sector 11, Chandigarh-160011
29. Dr. Hardeep Singh s/o Sh. Surinder Singh, aged 42
years, working as Assistant Professor, Punjabi, at PGGC,
Sector 11. Chandigarh-160011
30. Dr. Manvi Malwal d/o Sh. Sukhraj Malwal, aged 40
years, working as Assistant Professor, Botany, at PGGC,
Sector 11, Chandigarh-160011
31. Dr. Lalita d/o Sh. Vijay Singh, aged 45 years, working
as Assistant Professor, Botany, at PGGC, Sector 11,
Chandigarh- 160011
32. Dr. Shivani Singh d/o Sh. Vipin Kumar, aged 39 years,
working as Assistant Professor. Geography, at PGGC, Sector
11, Chandigarh-160011
33. Ravi Yadav s/o Sh. Mahender Singh, aged 39 years,
working as Assistant Professor, History, at PGGC, Sector
11, Chandigarh-- 160011
34. Dr. Jyoti Ahuja d/o Sh. Puran Chand, aged 38 years,
working as Assistant Professor, Mathematics, at PGGC,
Sector 11, Chandigarh-160011
35. Ms. Sugandha Sapru d/o Sh. Pardeep Bajaj, aged 38
years, working as Assistant Professor, Mathematics, at
PGGC, Sector 11, Chandigarh-160011
36. Dr. Baljinder Kaur d'o Sh. Balvir Raj, aged 43 years,
working as Assistant Professor, Mathematics, at PGGC,
Sector 11. Chandigarh-160011
37. Dr. Shabina d/o Sh. Madan Lal, aged 34 years, working
as Assistant Professor, Computer Science, at PGGC, Sector
11. Chandigarh-160011.
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38. Anu Sharma dio Sh. Kapil Dev Sharma, aged 40 years,
working as Assistant Professor, Computer Science, at
PGGC, Sector 11, Chandigarh-160011
39. Dr. Suparna Vatsyan d/o Sh. Suresh Chander, aged 43,
years, working as Assistant Professor, History at PGGC,
Sector 11. Chandigarh-160011.
40. Dr. Reeta d/o Jaipal Singh. aged 43 years, working as
Assistant Professor, BBA at PGGC, Sector 11, Chandigarh-
160011.
41. Ms. Urmila Thakur D/O Sh. K.S. Thakur, working as
Assistant Professor, BBA at PGGC, Sector 11, Chandigarh-
160011.
42. Dr. Kanupriya d/o Rakesh Chander, aged 39 years,
working as Assistant Professor, BBA at PGGC, Sector 11.
Chandigarh- 160011.
43. Ms. Nisha Gupta d/o Sh. Rakesh Kumar Gupta, aged 37
years, working as Assistant Professor, IIT at PGGC, Sector
11. Chandigarh-160011
44. Dr. Rakesh Kumar s/o Sh. Om Parkash, aged 47 years,
working as Assistant Professor, BBA at PGGC, Sector 11,
Chandigarh- 160011.
45. Dr. Priyanka Gautam d/o Sh. Dayanand Gautam, aged
37 years, working as Assistant Professor, BBA at PGGC,
Sector 11, Chandigarh-160011.
46. Dr. Shaveta Gupta d/o Sh. Sudir Kumar, aged 40 years,
working as Assistant Professor, IT at PGGC, Sector 11,
Chandigarh- 160011.
47. Dr. Ekta Narula d/o Sh. R L Chaudhary, aged 46 years,
working as Assistant Professor, BBA at PGGC, Sector 11,
Chandigarh- 160011.
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48. Mr. Gaurav Dutt s/o Sh. Om Parkash, aged 43 years,
working as Assistant Professor, BCA at PGGC, Sector 11.
Chandigarh- 160011.
49. Dr. Neelima d/o Sh. R.K. Gupta, aged 42 years, working
as Assistant Professor, BBA at PGGC, Sector 11,
Chandigarh- 160011
50. Dr. Karuna Babbar d/o Sh. A.D. Babbar, aged 37 years,
working as Assistant Professor, IT at PGGC, Sector 11,
Chandigarh- 160011.
51. Mr. Chetan Kumar Gupta s/o Sh. Ashwani Kumar
Gupta, aged 37 years, working as Assistant Professor, IT at
PGGC, Sector 11, Chandigarh-160011.
(Group-A)
All the applicants are working on Contract basis.
...Applicants
(BY ADVOCATE: SH K.B.SHARMA )
VERSUS
1. Union Territory, Chandigarh through its Administrator,
Punjab Raj Bhawan, Sector-6, Chandigarh-160001.
2. The Secretary, Education U.T. Chandigarh, Chandigarh
Administration Com Sector-9 Chandigarh-166009.
........Respondents
(BY ADVOCATE: SH. MUKESH KAUSHIK THROUGH VC )
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O R D E R(Oral)
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. In this OA, the applicant sought for following relief:
i) That an appropriate direction be issued to respondents to revise the pay scales of the applicants from due date i.e. 01.01.2016 pursuance to instructions dated 20.12.2022 (Annexure A-7), 18.01.2023 ( Annexure A-8 ), 05.04.2023 ( Annexure A-9 ), 22.08.2023 ( Annexure A-12 ) and 08.09.2023 ( Annexure A-13 ) issued by respondents with clear cut instructions to revise the pay scales announced by the Government from time to time and grant arrears w.e.f.
01.01.2016 onwards with interest @ 8 % p.a. w.e.f. 01.01.2016 till the actual payment is made.
Short reply has been filed by respondents on 16.07.2024.
Learned counsel for respondents submits that the claim regarding the applicants being contractual employed is pending before the appropriate authority. The relevant portion of which is as under:
"9. That the claim of the applicants is being examined by the department and the department has already obtained advice from the Department of Personnel, Chandigarh Administration and as per their advice, the case is being referred to Finance Department, Chandigarh Administration.
10. That the issue of revision of pay & their applicability ( date of implementation & arrears thereof ) as claimed by the applicants is being examined and as and when the same is decided by the competent authority, the same would be conveyed to the applicants.8
Therefore, the claim of the applicants is premature and liable to be dismissed"
2. This Tribunal has considered the matter and is of the view that natural justice will be met if the respondents are directed to take the decision in a time bound manner specially when the matter is already pending before the authority. Thus, this OA is disposed of with a direction to respondents to decide the claim of the applicants within a period of eight weeks on receiving the order of this Tribunal.
(RAMESH SINGH THAKUR) Member (J) db