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Central Administrative Tribunal - Mumbai

Badge Rahul Chandrabhan vs M/O Finance on 4 July, 2018

                   1        OA Nos.462/2018 to 465/2018

       CENTRAL ADMINISTRATIVE TRIBUNAL
            MUMBAI BENCH, MUMBAI

     ORIGINAL APPLICATION Nos.462/2018,
       463/2018, 464/2018 & 465/2018

       Date of Decision: 4th July, 2018

CORAM:HON'BLE SHRI R. VIJAYKUMAR, MEMBER (A)

Shri Badge Rahul Chandrabhan
son of Shri Chandrabhan Suryabhan
Badge, presently working at
Artisan at Customs Marine
Workshop, Ratnagiri under
Commissionerate of Customs,
Pune and residing at 203,
A Wing, Sea View Apartment,
Jail Road, Ratnagiri
- 415 612.             ... Applicant in OA
                             No.462/2018

Shri Pawaskar Mubhasshir A Hamid
son of Shri A. Hamid Mahamad Pawaskar
presently working as Artisan
at Customs Marine Workshop,
Ratnagiri under Commissionerate
of Customs,Pune and residing at
Flat No.01, AI Ameen Tower, Peth
Killa Road, Mirkerwada,
Ratnagiri - 415 612     ... Applicant in OA
                             No.463/2018

Shri Khadse Prakash Bhagwan
son of Shri Bhagwan S. Khadse
presently working as Artisan
at Customs Marine Workshop,
Ratnagiri under Commissionerate
of Customs,Pune and residing at
Room No.5, Type III, Customs
Division Office Campus, Jail Road,
Ratnagiri - 415 612    ... Applicant in OA
                              No.464/2018

Shri Vagolu Rambabu
son of Shri Vagolu Venkates Warlu,
presently working as Artisan
at Customs Marine Workshop,
Ratnagiri under Commissionerate
                            2            OA Nos.462/2018 to 465/2018

of Customs,Pune and residing at
B-2/B-211, BSNL TEL
Colony, Shivaji Nagar,
Ratnagiri - 415 612.    ... Applicant in OA
                               No.465/2018
( By Advocate Shri Raj Dharma)

                 VERSUS

1.    Union of India through
      its Secretary in the
      Department of Revenue,
      Ministry of Finance,
      North Block,
      New Delhi - 110 001.

2.    Commissioner of Customs, ICE
      House, 41/A, Opposite Wadia
      College, Sassoon Road,
      Pune - 411 001.

3.    Directorate of Logistics,
      Customs and Central Excise,
      4th Floor, A-Wing, Lok Nayak
      Bhavan, Khan Market,
      New Delhi - 110 511. ...                  Respondents
                                                 in all OAs
                    ORDER (ORAL)
       PER: SHRI R. VIJAYKUMAR, MEMBER (A)

These are batch of four cases in which the applicants responded to Recruitment Notification File No.II/31-3/CON/Estt/Cus/12 dated March, 2015 and they were selected for the post of Artisan with PB-I and Grade Pay of Rs.2800 and joined on 08.10.2015, 03.08.2015, 08.10.2015 and 10.08.2015 respectively. The applicants made individual representations on 01.09.2017 in OA 3 OA Nos.462/2018 to 465/2018 Nos.462/2018, 463/2018 & 464/2018 and on 31.08.2017 in OA No.465/2018 claiming that the 6th Pay Commission had placed their category in PB-II with Grade Pay of Rs.4200. The representations dated 01.09.2017 (OA Nos.462/2018, 463/2018 & 464/2018) and 31.08.2017 (OA No.465/2018) were referred by respondent No.2 to respondent Nos.3 & 1 and respondent No.3 has also referred the representations on 02.01.2018 to respondent No.1. According to learned counsel for the applicants, the respondent No.2 is competent to decide this matter but given the details of the Advertisement it is not clear if it was issued in consultation with respondent No.1.

2. It is noted that the applicants joined on 08.10.2015, 03.08.2015, 08.10.2015 & 10.08.2015 respectively and the representation was made after 23 months and therefore, there are laches in the case. However, no reply is being received by the applicants to their representation and it would be appropriate to give a direction to respondent Nos.1 & 2 to consider and pass a 4 OA Nos.462/2018 to 465/2018 reasoned and speaking order on their representation within a period of eight weeks from the date of receipt of a copy of this order. The order shall thereafter be communicated to the applicants within two weeks and if their grievance still persists, they shall be at liberty to pursue the matter at the appropriate forum wherein the matter may be considered alongwith the issue of limitation on which no orders are passed at the moment.

3. The Original applications are disposed of at the Admission stage. No costs.

(R. Vijaykumar) Member (A) ma.