Central Administrative Tribunal - Delhi
Cti No.1499826X Shri Mangesh Kumar vs The Union Of India (Through Secretary) on 26 July, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA No.2665 of 2011 MA No.1545 of 2011 New Delhi this the 26th day of July, 2011 Honble Shri Shailendra Pandey, Member (A) Honble Dr. Dharam Paul Sharma, Member (J) 1. CTI No.1499826X Shri Mangesh Kumar aged about 44 years S/o Late Shri Mangal Singh, presently working as Civilian Trade Instructor (CTI) R/o 91, Govind Nagar, Ganeshpur Roorkee. 2. Foreman No.1499462W Tota Ram aged about 59 years S/o Late Shri Bachi Ram Semwal, likely to be superannuated soon, conferred with Promotion to Foreman grade from CTI Cadre in January 2005 R/o Shakti Vihar Colony, Roorkee. 3. Instructor Foreman NO.149964Y Roshan Kumar Singh aged about 27 years S/o Shiv Narayan Singh R/o 174/179 DL Road Dehradun Roorkee. (All the three applicants are Employee of Begal Engineering Group (BEG) Roorkee under E-in-Cs Branch AHQ Ministry of Defence) (Through Sh. V.P.S. Tyagi Advocate .... Applicants ( By Advocate Shri V.P.S. Tyagi ) VERSUS 1. The Union of India (Through Secretary) Ministry of Defence, South Block, New Delhi. 2. The Engineer-in-Chief, E-in-Cs Branch, AHQ, Kashmere House, Rajaji Marg, New Delhi. 3. The Commandant BEG Roorkee, Uttaranchal State. .. Respondents ( By Advocate Shri Ravinder Kumar Sharma ) O R D E R (ORAL) Shri Shailendra Pandey, Member (A) :
MA No.1545 of 2011 MA 1545/2011 for joining together is allowed.
OA No.2665 of 2011This Application has been filed by three applicants requesting for a direction to the respondents to grant them similar pay that have been granted to their colleagues (who are stated to be identically placed) vide order dated 7.7.2001 in terms of Courts orders but that have been denied to them. It is seen from the impugned order of the respondents that the only reason for denial of the relief sought/rectification of pay anomaly is that these applicants were not parties in the cases filed for identical reliefs in the Tribunal. Learned counsel has invited our attention to orders in OA 376/2005 and OA 393/2007 and wherein a coordinate Bench of the Tribunal (Banglore Bench) had directed the respondents to consider the case of the applicants in the light of the orders passed in OAs filed by similarly situated persons. (These orders are at Annexure A-7)
2. Shri Ravinder Kumar Sharma, advocate, is present in the Court on behalf of the respondents and is directed to take notice on behalf of the respondents. As the case of the applicants is covered by the decisions rendered by a coordinate Bench of this Tribunal, the present Application is disposed of with directions to the respondents to verify as to whether the applicants are similarly situated in all respect as the persons in the other two OAs and if that be so, consider their request for grant of ACP in the scale of pay of Rs.4500-7000 as stated to have been accorded in the case of similarly situated officials and pass an appropriate reasoned and speaking order in accordance with the rules in the matter. Such order may be issued within a period of three months from the date of receipt of copy of this order.
3. The present Application is disposed of in the above terms.
Issue DASTI.
(Dr. Dharam Paul Sharma) (Shailendra Pandey)
Member (J) Member (A)
/ravi/