Central Administrative Tribunal - Chandigarh
Kulwant Kaur vs Rcf on 10 March, 2022
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Hearing by Video Conferencing
O.A. No.060/210/2022
Chandigarh, this the 10th day of March, 2022
CORAM:
HON'BLE SHRI SURESH KUMAR MONGA, MEMBER (J)
(On video conference from Central Administrative Tribunal,
Chandigarh Bench, Chandigarh).
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
(On video conference from Central Administrative Tribunal,
Bangalore Bench, Bangalore).
Kulwant Kaur D/o Sh. Mastan Singh (Employee No. 202900),
"Group C" presently working as Chief Nursing Sister, Lala
Lajpat Rai Hospital, Railway Coach Factory, Kapurthala,
District Kapurthala (Punjab).
...Applicant
(By Advocate Sh. Anil Kumar Sharma)
Versus
1. Union of India, through Chairman, Railway Board, Rail
Bhawan, Raisina Road, New Delhi-110001.
2. Union of India, through Secretary, Ministry of Finance,
Government of India, North Block, New Delhi-110001.
3. General Manager (Personal), Rail Coach Factory, Kapurthala,
Punjab-144602.
4. Deputy Director, Pay Commission-VII, Railway Board, Raisina
Road, Rail Bhawan, New Delhi-110 001.
......Respondents
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O R D E R(Oral)
Per: SURESH KUMAR MONGA, MEMBER (J):
1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 making therein a prayer for issuance of a direction to respondents to remove the pay anomaly and step up her pay at par with her junior, namely, Asha Rani w.e.f. 01.01.2016 after implementation of the 7th CPC.
2. At the very outset, Sh. Anil Kumar Sharma, learned counsel for the applicant stated that before filing the present Original Application, the applicant got issued a legal notice through her counsel on 08.09.2021 (Annexure A-9).
3. The grievance of the applicant herein is that neither the relief claimed herein has been granted to her nor her Legal Notice has been replied by the respondents uptil now.
4. Learned counsel further submitted that the applicant will be satisfied if the present Original Application is disposed of with a direction to respondents to treat the aforesaid legal notice as her representation and take a decision over the same within a time frame.
5. Keeping in view the aforestated limited prayer made by learned counsel for the applicant, we deem it appropriate to dispose of the present Original Application at the admission stage itself without entering into the merits of the case. 3
6. Accordingly, the present Original Application is disposed of with a direction to Respondent No.2 to treat the applicant's legal notice dated 08.09.2021 as her representation and pass a reasoned and speaking order over the same in accordance with law. Before taking such a decision, the applicant shall also be afforded an opportunity of hearing. The whole exercise shall be undertaken within a period of three months from the date of receipt of a certified copy of this order.
7. Ordered accordingly. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (SURESH KUMAR MONGA)
MEMBER (A) MEMBER (J)
ND*