Central Administrative Tribunal - Delhi
Ajay Lawania vs M/O Personnel,Public Grievances And ... on 13 October, 2022
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Item No.45 O.A. No. 150/2016
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No.150/2016
This the 13thday of October, 2022
Hon'bleMr. R. N. Singh, Member (J)
Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Sh. Ajay Lawania, 34 years
W/o Sh. SobaranLawania
R/o 283, Sector 9-A
Gurgaon, Haryana
2. Sh. VedPraksh Singh, 36 years
S/o Sh. Bipin Bihari Singh
R/o RZ 266-B, Street No. 09
Sadh Nagar, Palam Colony
New Delhi.
3. Sh. Vinay Kumar, 30 years,
W/o Sh. Jawahar Lal,
R/o 123/9, Cross Road
Sant Nagar, Burari
New Delhi
4. Mrs. Nidhi Sharma, 33 years
W/o Sh. Jaivardhan Sharma
R/o S- 303, Hostel Block
Nivedia Kunj, Sector-10
R. K. Puram, New Delhi
5. Sh. Naveen Chandra Joshi, 31 years
S/o Sh. G.C. Joshi,
R/o Flat No. 454
Metro View Apartment
Dwarka, Sector -13
Delhi - 110075
6. Sh. Abdul Gurfan, 35 years
S/o Late Sh. Maqabol Ahmed
R/o NKP-1/43/FF-3
Nyay Khand -I, Indrapuram
Ghaziabad- 201014
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Item No.45 O.A. No. 150/2016
7. Sh. Abhishik Kumar Upadhyay, 34 years,
S/o Sh. M. N. Upadhyay
R/o 24-Y, Chitra Gupta Road
Pahar Ganj, New Delhi - 110055
8. Sh. Surender Yadav, 36 years,
S/o Sh. Nirmal Yadav
R/o D-159, Shyam Park Estension
Sahibabad, Ghaziabad, U.P.
9. Sh. Surendra Singh, 31 years,
S/o Sh. Jagan Singh
R/o 660/FF-1, Shakti Khand-3,
Ghaziabad - 201010, U.P.
10. Sh. Vikram Yadav, 34 years,
S/o Late Sh. Daroga Rai
R/o 6/43, G-3
Sector-6, Vaishali,
Ghaziabad, U.P.
11. Sh. Ranjeet Kumar Roy, 34 years,
S/o Sh. Badri narayan Roy
R/o Flat No. 382, B-1/67
Sai Sada-II, Sewak Park
Uttam Nagar, New Delhi - 110059
12.Sh. Alok Kumar, 33 years
S/o Sh. Rabindra Prasad,
R/o Rambag, Purnea
Bihar
13. Sh. Mohd. Amir Raza, 33 years
S/o Sh. Chakkan Mian
R/o L-66, Abul Fazal Enclave
New Delhi
14.Ms. Pratibha Kumari, 30 years,
D/o Sh. Rama Shankar Tiwari
R/o M.S. Apartment & Hostels
E-506, K.G. Marg
New Delhi
15. Santosh Kumar Bhargav, 33 years
S/o Sh. Bindra Prasad Bhargav
R/o F-206, Gali No. 19
PulPrahladpur
Badarpur- 110044
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Item No.45 O.A. No. 150/2016
16.Sh. Dheeraj Kumar Singh, 36 years
S/o Sh. Jai Narayan Singh
R/o H. NO. 177, Block II
Dev Nagar, Karol Bagh
New Delhi
17. Sh. Mithilesh Kumar Mandal, 35 years
S/o Sh. Uma Pada Mandal
R/o H. No. F-3/634
Shalimar Garden, Ext. I
Sahibabad, Ghaziabad - 201005
18. Sh. Umesh Shankar Prasad, 33 years
S/o Sh. SarjuMahato
R/o H. No. 59F, Sector - 4,
M.B. Road, New Delhi - 110017
19.Sh. Nagendra, 33 years
S/o Sh. S. S. Verma
R/o G-39, Sector -20,
Noida, UP- 201301
20. Sh. Atin Singh, 37 years
S/o Sh. R.C. Yadav
R/o B-1/6, Polt No. 40
Sector-6, Dwarka, New Delhi
21. Sh. Udham Singh, 37 years
S/o Sh. Nathu Singh
R/o Village Chhersi
P.O. Manjhawali
District Faridabad
22. Sh. Kashi Nath, 36 years,
S/o Sh. Baikunth Pd. Baranwal
R/o Or. No. 80, Block 13
Dev Nagar, Karol Bagh
New Delhi
23. Sh. Sujit Kumar Mishra, 33 years
S/o Sh. Uday Kant Mishra
R/o 575, Surya Nagar
Phase-II, Sector -51
Faridabad, Haryana
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Item No.45 O.A. No. 150/2016
24. Sh. Anup Barman, 34 years
S/o Late Sh. U.K. Barman
R/o B-168, Adarsh Nagar, Delhi - 110033
25. Sh. Sunil Kumar Singh, 31 years
S/o Sh. Dharam Pal Singh
R/o C/o Chauhan, B-10
3rd Floor, Gidwani Road,
Adarsh Nagar, Delhi - 1100033
26. Sh. Saurabh Misra, 32 years
S/o Sh. Suresh Misra
R/o O-451, Mandir Marg
Opposite Mandir Marg Police Station
New Delhi - 110001
27. Sh. Om Prakash Gupta, 33 years
S/o Sh. Krishna Kant Prasad Gupta
C/o Sh. Surjit Singh,
H.No. B-114, 3rd Floor,
Gali No. 1, Majlis Park
Delhi - 110033
28. Sh. Rajiv Jha, 34 years
S/o Sh. H.N. Jha
R/o H. No. 410, Mahagun Est. II
Shalimar Garden Ext. I,
Sahibabad, U.P.
29. Sh. Wahengbam Hitler Meitei, 35 years,
S/o WahengbamJadumani Meitei
R/o Flat No. 977, LIG Hastsal Pocket B
Vikas Puri, Uttam Nagar
New Delhi - 110059
30. Sh. Ranjit Kumar, 37 years,
S/o Sh. Raghu Nath Sah
R/o H. No. 1154
Mukherjee Nagar
New Delhi - 110009
31. Sh. Rupesh Kumar, 36 years
S/o Sh. Sitaram Ojha
R/o Qtr. No. 393, Sector -7
PushpVihar, New Delhi
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Item No.45 O.A. No. 150/2016
32. Sh. Ashish Prakash Sinha, 39 years
S/o Late ShDayal Prakash Sinha
R/o C-208, Raj Retreat Apartment
Defence Colony, Bhopura
Ghaziabad - 201005
33. Sh. Naveen Rawat, 41 years
S/o Sh. Prem Singh Rawat,
R/o 248, Pocket E, Mayur Vihar
Phase-II, Delhi - 110091
34. Sh. Satish Kumar, 31 years
S/o Sh. Attar Singh
R/o B-125, Street No. 5
Ambedkar Colony, Chhatarpur,
New Delhi- 110074
35. Sh. Bhaskar Singh, 34 years
S/o Sh. Bhola Prasad Singh
R/o Flat No. A-1/902 Bharat City,
Ghaziabad, U.P.
36. Sh. Pravesh Kumar, 33 years
S/o Sh. Balak Ram Yadav
R/o Flat No. S-3, B-61
Behind Gaur Plaza, Shalimar Garden
Extn.2, Sahibabad, Ghaziabad, U.P.
37. Sh. Dinesh Baid, 33 years
S/o Sh. Ganpat Lal Baid
R/o B-13/87, Dev Nagar
New Delhi-110005
38. Sh. Ajay Raj Singh Chauhan, 33 years
S/o Sh. Ram Gopal Singh Chauhan
R/o B-10, Third Floor, Gidwani Road
Adarsh Nagar, Delhi-110033
39.Sh. Alok Kumar Tiwari, 30 years,
S/o Sh. Ashwani Tiwari
R/o B-20, IInd Floor (left side)
Lohiya road, Adarsh Nagar New Delhi
40. Sh. Anshuman Mishra, 31 years,
S/o Sh. Krishna Kumar Mishra
R/o C-9/15, Radio Colony
Kingsway Camp, Delhi
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Item No.45 O.A. No. 150/2016
41. Dileep Singh Senger, 35 years,
S/o Sh. Mr. Shatrughan Singh Senger
R/o B-3, First Floor Aruna Park, Shakarpur
Delhi-110092
42. Sh. Vinod Kumar, 35 years
S/o Sh. Shambhu Nath Singh
R/o Bharat City, Ghaziabad, U.P.
43. Dhiraj Kumar, 37 years
S/o Sh. S.C. Prasad R/o 77, SF-2, Gali No. 3
Gyan Khand-II Indrapuram, Ghaziabad, U.P.
44. Sh. Alok Nigam, 31years
S/o Sh. Laxmi Prakash Nigam
R/o A-78, Swarn Singh Road
Adarsh Nagar, Delhi-110033
45. Sh. Praveen Shukla, 31 years
S/o Sh. Suresh Chandra Shukla
R/o B-10, Third Floor
Adarsh Nagar, Delhi-110033
46. Sh. Avinash Kumar, 34 years
S/o Late Sh. P.P. Singh
R/o B-289, Gali No. 8
Indira Nagar, Adarsh Nagar
Delhi-110033
47.Sh. Amit Kumar,31 years
S/o Sh. Indradeo Singh
R/o A-276, First Floor
Majlis Park, Delhi-110033
48. Sh. Ankur Verma, 32 years
S/o Sh. Surya Prasad Verma
R/o Q. No. 278, Lodhi Road Complex
New Delhi
49. Sh. Rakesh Kumar, 35 years
S/o Sh. J. Pd. Srivastava
R/o A-121/1, Second Floor
Majlis Park, Adarsh Nagar
Delhi-110033
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Item No.45 O.A. No. 150/2016
50. Sh. Naresh Kumar, 36 years
S/o Sh. Prem Chand
R/o 1720, 2nd Floor Chuna Mandi, Pahar Ganj
New Delhi
51. Sh. Raj Kishore Mishra, 38 years
S/o Sh. Prajapati Mishra
R/o 187, L- Extn.
Mohan Garden, Uttam Nagar New Delhi
52. Sh. Subodh Kumar Pankaj, 38 years
S/o Sh. Shri Mahesh Singh
R/o M-71, Prem Nagar Uttam Nagar, New Delhi
53. Sh. Nirmal Kumar Bhagat,
S/o Sh. Bisundev Bhagat
R/o 1867/14, Govind Puri
Kalkaji, New Delhi-110019
54.Sh. Sushil Bading, 38 years
S/o Sh. Bixal Bading
R/o RZ-39, 3A, Durga Vihar
Phase-II, Najafgarh New Delhi-110043
55.Sh. Anil Kumar Sharma, 36 years
S/o Sh. Ram Chandra Sharma
R/o 29-A, Sarai Jullena
New Delhi-110025
56.Sh. Rakesh Ranjan, 40 years
S/o Sh. Ram Swaroop Malakar
R/o Shalimar Garden, Ghaziabad, U.P.
57.Sh. Ravish Kumar, 34 years
S/o Sh. Om Prakash
R/o C-354, Sector-C
D-12, New Delhi
58.Sh. Manish Kumar Singh,33 years
S/o Sh. Trishool Singh
R/o 13/57, Dev Nagar Karol Bagh, New Delhi-110005
59. Sh. Alok Verma, 31 years
S/o Sh. Ram Chandra Verma
R/o 13/61, Dev Nagar, New Delhi
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Item No.45 O.A. No. 150/2016
60.Sh. Mukul Dixit, 31 years
S/o Sh. Ram Prakash Dixit
R/o B-536, Second Floor
Gali No. 5, Majlis Park
Azadpur, Delhi-110033
61. Sh. Binod Kumar, 32 years
S/o Late Sh. DashratSahu
R/o C1/102, Dilshad Ext.II,
DLF, Sahibabad, Ghaziabad-201005
62.Sh. Navin Chandram, 38 years
S/o late Sh. Narsingh Jha Keshari
R/o Pl. No. 20, New Hari Kishan Nagar
Nilothi Ext., Delhi
63.Sh. Vikash Kumar, 36 years
S/o Late Sh. Devendra Prasad
R/o B-472, Second Floor
Gali No. 2, Majlis Park
Adarsh Nagar, Delhi-110033
64.Sh. Sandeep Kumar, 32 years
S/o Sh. Dineshwar Ram
R/o C-57/C-2, Shalimar Garden
Ext.2, Sahibabad, Ghaziabad
65.Sh. Ashok Kumar Verma, 34 years,
S/o Sh. Sitaram Verma
R/o B-61, Shalimar Garden
Extn.II, Ghaziabad
66. Sh. Santosh Prasad, 35 years
S/o Sh. Ram Suresh Prasad
R/o C1/105/S2, DLF
Dilshad Ext. Sahibabad
U.P.-201005
67. Sh. Lakshmi Chandra, 37 years,
S/o Sh. Brajesh Singh
R/o D-5, Second Floor
Bhagat Singh Road
Adarsh Nagar, Delhi-110033
68.Sh. Amit Kumar, 34 years
S/o Sh. Vijay Kumar Jha
R/o 801, Sector-5m PushpVihar
New Delhi-110017
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Item No.45 O.A. No. 150/2016
69.Sh. Ajay Kumar Singh, 32 years
S/o Sh. J.N. Singh
R/o D/150 (SF), Sector-01
Rohini, Delhi-110085
70.Sh. Umrav Meena, 34 years
S/o Late Sh. Bhopal Meena
R/o RZ-29/234, K Block
West Sagarpur, New Delhi-110046
71. Sh. Ram Bharose Meena,33 years
S/o Sh. Jahbbu Ram Meena
R/o Village Surair, Post Chandera
Tehsil Sikrai, District Dausa
Rajasthan-303509
72.Sh. Pankaj Kumar Awasthi, 39 years
S/o Sh. Swatantra Kumar Awasthi
R/o 34Y, Chitra Gupta Road
Pahar Ganj, New Delhi-110055
73.Sh. Vipul Alok, 36 years
S/o Late Sh. Baleshwar Das
R/o B/16, Second Floor
Lohiya Road, Adarsh Nagar
Delhi-110033
74. Sh. Manish Kumar Diwaker, 33 years,
S/o Late Sh. Dayal Prasad Diwaker
R/o S-1, Second Floor, Plot No. 128
Nyay Khand-I, Indirapuram
Ghaziabad, U.P.
75.Sh. Lahawar Ram, 40 years
S/o Late Sh. Gopal Ram
R/o F. No. E-102, Raj Retreat Apartment
Defence Colony, Bhopura
Sahibabad, Ghaziabad-201005
76.Sh. Piyush Kumar, 36 years
S/o Sh. Shyam Kumar Sharma
R/o 183-A, Second Floor
Jain Colony, Uttam Nagar
New Delhi-110033
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Item No.45 O.A. No. 150/2016
77. Sh. Dhanajay Sharma, 35 years
S/o Late Sh. Tarini Sharma
R/o Q-976, Type -II
Kamla Nehru Nagar
Ghaziabad, U.P. - 201002
...Applicants
(All the applicants belong to Group B services. The
aforesaid applicants are Assistants in CCS Cadre controlled
by DOPT)
(By Advocate: Mr. S.K. Jha)
Versus
1. Union of India
Through its Secretary
Ministry of Personnel
Public Grievances & Pensions
Department of Personnel and Training
North Block, New Delhi - 110001
2. Ministry of Commerce & Industry
Through its Secretary
Department of Commerce
Udyog Bhawan, New Delhi - 11001
3. Ministry of Law & Justice,
Through its Secretary,
A-Wing, Shashtri Bhawan,
New Delhi- 11001
4. Minstry of Mines
Through its Secretary,
A-Wing, Shashtri Bhawan,
New Delhi - 110001
5. Ministry of Water Resources,
Through its Secretary,
Shram Shakti Bhawan,
Rafi Marg, Sansad Marg Area,
New Delhi - 110001
6. Ministry of Home Affairs
Through its Secretary
North Block, New Delhi - 110001
7. Ministry of Textiles
Through its Secretary
Udyog Bhawan, New Delhi - 110001
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Item No.45 O.A. No. 150/2016
8. Ministry of Health and Family Welfare
Through its Secretary
Department of Health & Family Welfare
Nirman Bhawan
New Delhi - 110001
9. Ministry of Human Resource Development
Through its Secretary,
Shashtri Bhawan, New Delhi - 110 001
10. Ministry of Commerce & Industry
Through its Secretary
Department of Industrial Policy and Promotion
Udyog Bhawan, New Delhi
11. Ministry of Finance
Through its Secretary
Department of Revenue
North Block, New Delhi - 110001
12. Ministry of Communication & Information Technology
Through its Secretary,
Department of Telecommunication
Sanchar Bhawan, New Delhi
13. Ministry of Ayush,
Through its secretary,
Ayush Bhawan, Block -B,
GPO Complex, Pandit Bhagwan Sahay Vats Vithi,
INA Colony, New Delhi - 110023.
14. Ministry of Labour and Employment
Through its Secretary
Shram Shakti Bhawan
New Delhi - 110001
15. Ministry of Steel
Through its Secretary
G Wing, Udyog Bhawan
New Delhi - 110001
16. Ministry of Information & Broadcasting
Through its Secretary
A Wing, Shastri Bhawan
New Delhi - 110001
17. Ministry of Sports and Youth Affairs
Through its Secretary
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Item No.45 O.A. No. 150/2016
Shahstri Bhawan, New Delhi
18. Ministry of Power
Through its Secretary
ShramShakti Bhawan
New Delhi
19. Ministry of Civil Aviation
Through its Secretary
Rajiv Gandhi Bhawan
New Delhi
20. Ministry of Defence
Through its Secretary
Sena Bhawan, New Delhi
21. Ministry of Finance
Through its Secretary
Department of Expenditure
North Block, New Delhi - 110001.
...Respondents
(By Advocate:Mr. Hanu Bhaskar)
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Item No.45 O.A. No. 150/2016
ORDER (ORAL)
Mr. R. N. Singh, Member (J) Heard the learned counsels for the parties. The applicants, 77 in number, approached this Tribunal by way of the present Original Application filed under section 19 of the Administrative Tribunal Act, 1985, on being aggrieved by non-grant of the pay for which they claim were entitled and were getting lessor pay than their juniors. The grievance of the applicants has been that when they approached the appropriate authority amongst the respondents for redressal of their grievances, their claim was rejected by order dated 15.06.2015, etc. They have challenged such communications in the present OA (Annexure A-1/colly.)
2. The precise facts of the case in hand, which are not disputed, are that the applicants belong the cadre of CSS and they have entered into the employment of the respondents by way of their success in Combined Graduate Level Examination (CGLE - 2005).
3. In the aforesaid background, the applicants have prayed for the following relief (s) in the present OA :-
"a) this Hon‟ble Tribunal may set aside the impugned office order dated 15.06.2015 and 14 Item No.45 O.A. No. 150/2016 other similarly rejected orders declining the representation for stepping up;
b) this Hon‟ble Tribunal may further direct the respective Respondents to step up the pay of Applicants from the date of their respective joining.
c) this Hon‟ble Tribunal may grant interest @ 12% of the money held to be due to applicants on the money to be paid.
d) this Hon„ble Tribunal may pass such other and further order/s as it deem fit and proper in the facts and circumstances of the case."
4. Pursuant to notice, the respondents have filed counter reply and the applicants have filed rejoinder.
5. It is also not in dispute that all the applicants are similarly placed and identical relief has been sought by them in the present OA. This is more evident from the fact that the applicants have filed a Misc. Application being MA No. 129/2016 seeking permission of this Tribunal to file the present OA jointly and the said MA was allowed vide order dated 25.07.2019. Thus all the applicants are similarly placed and the relief sought by the in the present OA is identical. This is not disputed on behalf of the respondents today as well.
6. When the matter came up for final hearing on 02.06.22, at the outset, it was submitted on behalf of the applicants that during pendency of the OA, out of 77 applicants, the grievance of around 23 applicants have 15 Item No.45 O.A. No. 150/2016 already been redressed by the respondents and the grievance of only the remaining applicants survives to be adjudicated by this Tribunal. In response to such statement on behalf of the applicants, Mr. Bhaksar, learned counsel appearing for the respondents, had submitted that the matter is under active consideration of the respondents for redressal of grievances of the remaining applicants and the matter may be taken up after four weeks by which time the final decision of the respondents in this regard may come. It was further added by the learned counsel for the respondents that if no final decision is taken by the respondents during the extended time, the matter may be heard and finally decided on merits.
7. In the aforesaid back-drop, when the matter is today taken up for further consideration, Mr. Bhaskar, learned counsel appearing for the respondents submits that the relevant file is still pending consideration of the respondents and no final decision has been taken on grievance of the remaining applicants and the final order may be passed keeping in view the facts and circumstances of the case.
8. We have considered the submissions made by the learned counsels for the parties. It is not in dispute that all the 77 applicants are similarly placed. Today, it is contended 16 Item No.45 O.A. No. 150/2016 by Mr. Jha, learned counsel appearing for the applicants that grievances of only 23 applicants out of 77 applicants have been redressed by the respondents during pendency of the OA. It is not disputed that only 23 similarly placed persons have been accorded the benefits as being sought by the applicants in the present OA but prior to that various similarly placed persons working in various departments/ministries of Govt. of India have been accorded the benefits as being sought by the applicants in the present OA.
9. In the facts and circumstances, we are of the considered view that the remaining applicants out of 77 are also required to be treated in the same way as other similarly place persons including the said 23 applicants in the present OA have been treated and these remaining applicants are also entitled for the same/similar benefits as have been granted to similarly placed persons.
10. In view of the aforesaid, the present OA is disposed of with direction to the competent authority amongst the respondents to consider the claim the of applicants and if it is found that the remaining applicants are also similarly placed as the applicants who have been accorded the similar benefits, such authority shall pass the orders granting the 17 Item No.45 O.A. No. 150/2016 same benefits to the remaining applicants. Respondents are directed to pass necessary orders in this regard as expeditiously as possible and preferably within six weeks of receipt of a copy of this order. It is further directed that once the necessary order is passed, the applicants shall be entitled for consequential benefits in accordance with the relevant rules and such benefits shall also be accorded to the applicants as expeditiously as possible and preferably within eight weeks of the relevant order(s) of the respondents.
11. OA is disposed of in the aforesaid terms. No costs.
(Mohd. Jamshed) (R. N. Singh) Member (A) Member (J) /anjali/