Central Administrative Tribunal - Kolkata
Prem Chand Pramanick vs Ordnance Factory on 18 June, 2024
1 O.A. No. 350/789/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
O.A. No. 350/00789/2024
Date of Order: 18.06.2024
Coram: Hon'ble Mr. Anindo Majumdar, Administrative Member
Hon'ble Mr. Rajnish Kumar Rai, Judicial Member
Sri Prem Chand Pramanick Son of Basudeb Pramanick,
working as fire engine driver in the scale of pay of
Rs.29200-92300/- Level-05, in the office of General
Manager, Govt. Of India Enterprise, Ministry of Defence,
Ordnance Factory, Dum Dum, Kolkata- 700028, residing at
5678, Satgachia, P.O.-Nodakhali, Pin-743318, North 24
Parganas,
..........Applicant
-Versus-
1. Union of India, through the Secretary, Ministry of
Defence, South Block, New Delhi-110011.
2. The Director General, Ordnance Factory Board, Ministry
of Defence, Ayudh Bhawan, 10-A, Saheed Khudiram Bose
Road, Kolkata-700001
3. The Director, Ordnance( Coordination & Services), 10-A,
Saheed Khudiram Bose Road, Kolkata-700001
4. The General Manager, Govt. Of India Enterprise, Ministry
of Defence, Ordnance Factory, Jessore Road Dumdum,
Kolkata-700028.
...........Respondents
2 O.A. No. 350/789/2024
For The Applicant(s): Mr. B. P. Manna; Counsel
: Mr. A. Banik; Counsel
For The Respondent(s): None
O R D E R (ORAL)
Per: Mr. Rajnish Kumar Rai, Member (J)
1. Ld Counsels for the applicant is present and is heard.
2. The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):
"(a) Order/orders be passed by directing the respondent authorities to antedate the promotion of the applicant in the post of F.E.D II to F.E.D I with effect from 01.04.2019 with all required benefits and resolving the issue and to pay the accumulated arrears as per SRO 57 and 58 of 17.07.2017 forthwith.
(b) Order/orders be passed directing the respondents to re-fix the pay of the petitioner w.e.f 1.1.2019 and accumulated arrear therefrom to till the date of actual payment.
(c) Order/orders be passed as the Hon'ble Tribunal deemed fit and proper.
(d) Pass such other order/orders and/or direction/directions as deemed fit and proper.
e) Certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (i) and (ii), above.
f) Costs."
3. Ld Counsel for the applicant submits that the applicant has made a representation dtd. 17.05.2023 followed by a reminder dtd. 24.08.2023 to the General Manger/ OIC, Ordnance Factory Dum Dum, Kol- 700028, seeking promotion from Fire Engine Driver Grade- II to Fire Engine Driver Grade- I w.e.f. 01.04.2019 instead of 01.01.2021 and to pay the arrears as per the guidelines of SRO 57 and 58.
3 O.A. No. 350/789/2024
4. Ld Counsel for the applicant further submits that his case is squarely covered by the judgment of the Hon'ble Apex Court in Civil Appeal No. 6359/ 2016 in the case of Union of India & Ors. Vs. Vinay Kumar.
5. Ld Counsel for the applicant submits that if a direction is issued upon the respondents directing them to consider the pending representation of the applicant, the applicant will be satisfied.
6. Considering the aforesaid submission made, we are of the view to dispose of this OA at admission stage with a direction upon the respondents to consider the pending representation of the applicant in light of the aforesaid judgment of the Hon'ble Apex Court and in accordance with the extant rules within a period of 60 days from the date of receipt of certified copy of this order and intimate the decision to the applicant by way of a reasoned and speaking order.
7. We make it clear that we have not entered into the delay, laches and merit of the claim of the applicant. All points are kept open for consideration by the respondents.
8. Accordingly, the OA is disposed of. There will be no order as to costs.
.
Mr. Rajnish Kumar Rai Mr. Anindo Majumdar Member (J) Member (A) SK