Central Administrative Tribunal - Delhi
2. The Applicants Herein Are Working As ... vs . Gnctd & Ors.) And Other Connected Cases ... on 10 July, 2015
Central Administrative Tribunal
Principal Bench, New Delhi.
OA-3821/2013
MA-2903/2013
MA-2115/2014
Reserved on : 09.07.2015.
Pronounced on : 10.07.2015.
Honble Mr. G. George Paracken, Member (J)
Honble Mr. Shekhar Agarwal, Member (A)
1. Vinod Kumari,
D/o Sh. Godraj Tailor,
R/o RZ-26 P/133, Gali No.30,
Indra Park, Palam Colony,
New Delhi-45.
2. Konthoujam Ashalata Devi,
W/o Sh. Gyaneshwar Singh,
R/o WE-127, 3rd Floor, Mohan Garden
Uttam Nagar, New Delhi-59.
3. Sukhvinder Kaur,
W/o Sh. Kulpreet Kaur,
R/o 158/01, Railway Colony,
Basant Lane, Paharganj,
New Delhi-55.
4. Neeru,
D/o Sh. Suresh Kumar,
R/o D-337, Inder Enclave,
Phase-2, New Maruti Devi
Public Scook, Mubarakpur Road,
Nagloi, New Delhi-86.
5. Jyoti,
D/o late Sh. Baldev Raj,
R/o late Sh. Baldev Raj,
R/o F-167, Pandav Nagar,
Samaspur Road, Gali No.4,
New Delhi-91.
6. Sanglata Kaushal,
D/o Sh. Raj Kumar,
R/o 111-A, Railway Colony,
Thomson Road, New Delhi-02.
7. Ramakant Pareek,
S/o Sh. Hari Nayayan Pareek,
R/o Village & Post-Bhasu,
Distt. Tonk (Rajasthan),
Pin Code-304505.
8. Rajni Kant Lakhera,
S/o Sh. Ram Avtar,
R/o VPO-Barrod, Dist.-Alwar,
Rajasthan, Pin-301020.
9. Rajender Kumar Gupta,
S/o Sh. Ramesh Chand Gupta,
R/o Karamchari Colony,
College Road, Gangapur City,
Dist.-Swaimadhapur,
Rajasthan, Pin-322201.
10. Ghanshyam Yadav,
S/o Sh. Rameshwar Prasad,
R/o Village-Kuler, Post-Paota,
Dist-Jaipur,
Rajasthan, Pin-303106.
11. Subhash Chander Yadav,
S/o Sh. Banwari Lal Yadav,
R/o Village & Post-Ballupura,
Distt.-Sikar(Rajasthan),
Pin-332718.
12. Nathu Ram Sangwa,
S/o Sh. Hari Ram Sangwa,
R/o VPO-Tarnau, Dist.-Nagaur
(Rajasthan, Pin-341030.
13. Nitesh Kumar Dron,
S/o Sh. Shiv Ram Dron,
R/o Village & Post-Nagla, Dulhe Khan,
Tehsil-Bari, Distt. Dholpur (Rajasthan),
Pin Code-328041.
14. Virendra Singh Yadav,
S/o Sh. Ratan Singh Yadav,
R/o Village-Majari Khola,
Post-Padamara Khurd,
Dist.-Alwar (Rajasthan)
Pin-301042.
(through Sh. Harish Kumar, Advocate)
Versus
1. Secretary (NR),
Railway Board, Baroda House,
New Delhi.
2. General Manager (P),
Northern Railway,
Baroda House, New Delhi.
3. Medical Director,
Northern Railway, Central Hospital
Basant Lane, New Delhi. . Respondents
(through Sh. S.M. Arif, Advocate)
O R D E R
Mr. Shekhar Agarwal, Member (A) MA-2903/2013 for joining together in one application is allowed.
2. The applicants herein are working as Staff Nurses on contract basis with respondent No. 2 and are seeking the same benefits as have been allowed to similarly situated persons working in the hospitals run by GNCTD, MCD and other autonomous hospitals by this Tribunal on the principle of equal pay for equal work . The applicants have contended that this issue was first considered by the Full Bench of this Tribunal in OA-1330/2007 (Mrs. Victoria Massey Vs. NCTD& Ors.) vide its judgment dated 23.07.2008. The matter was carried to Honble High Court of Delhi through Writ Petition (Civil) Nos. (8476/2009) Govt. of NCT of Delhi & Ors. Vs. Dipika S. Kumar, (279/2008) Helan Peter Vs. NCT of Delhi & Ors., (8764/2008) Govt. of NCT of Delhi Vs. Victoria Massey and (8844/2008) Govt. of NCT of Delhi Vs. Gulab Rabbani. The Honble High Court of Delhi had upheld the order of the Tribunal with slight modifications. SLP filed by Delhi Government against the order of the Honble High Court was dismissed by the Apex Court. Thereafter, this Tribunal has considered similar cases in OA-3419/2010 (Rakesh Kumar & Ors. Vs. GNCTD & Ors.) and other connected cases and allowed the same. The relevant part of the said order is as follows:-
5. During the course of hearing in these OAs, the Tribunal has sought information from the respondents as to the various allowances being given to the regular employees of the respective categories. The respondents have submitted that the regular employees are entitled for the following emoluments:-
(a) Basic Pay
(b) Grade Pay
(c) Dearness Allowance
(d) House Rent Allowance
(e) Transport Allowance (Non Taxable)
(f) Transport Allowance (Taxable)
(g) Hospital Patient Care Allowance
(h) Washing Allowance
(i) Maternity Leave Allowance (for female Employees)
6. From the above position, it is clear that the aforesaid Full Bench decision of this Tribunal, as modified by the Honble High Court shall hold the field. Therefore, the applicants, who are working as contractual employees under the Govt. of NCT of Delhi and Municipal Corporation of Delhi are entitled for all the benefits as admissible to the similarly placed regular employees of their respective categories except promotion and annual increments while they remain as contractual employees. In other words, they have to be given all the allowances which are being given to the similarly placed employees. As regards the dearness allowance is concerned, it is clarified that the benefit of the periodical revision of the same will also be given to the contractual employees. Consequently, the respondents are directed to re-fix the monthly emoluments of the applicants from their respective dates of initial engagements. However, the arrears arising out of such fixation shall be admissible only from the respective dates they have filed these OAs. The respective dates of filing OA No. 1943/2010, 2945/2010 preceded by OA No. 724/2010 and OA No. 3419/2010 are 2.6.2010, 4.3.2010 and 01.10.2010. The respondents are directed to carry out the aforesaid directions within a period of two months from the date of receipt of a copy of this order.
3. Learned counsel for the applicant submitted that the applicants herein are similarly placed and deserve the same benefits as have been allowed to the applicants of the aforesaid OAs.
4. The respondents have filed their reply in which they have stated that due to shortage of para medical staff many vacancies could not be filled. Therefore, the applicants are being engaged on contract basis for a period of one year or till availability of regularly selected candidates. During this period, they are being paid fixed amount of Rs. 17650/- per month as per guidelines of Railway Board.
5. We have heard both sides and have perused the material on record. During the course of arguments, learned counsel for the respondents did not dispute that the applicants were similarly placed as applicants of OA-3419/2010 (supra) and several other OAs, such as, OA-3901/2010 (Sh. Karmveer Vs. GNCTD & Ors.) OA-776/2011 (Sh. Bhagat Singh Vs. GNCTD & Ors.) and OA-3445/2010 (Sh. Satish Kumar & Ors. Vs. GNCTD & Ors.) .
6. We, therefore, allow this O.A. and direct the respondents that the applicants would be entitled to the same benefits as have been allowed to the applicants of the aforesaid O.As. Arrears will also be accordingly admissible only from the date of filing of this O.A. These benefits shall be extended to them within a period of eight weeks from the date of receipt of a certified copy of this order. No costs.
(Shekhar Agarwal) (G. George Paracken)
Member (A) Member (J)
/Vinita/