Central Administrative Tribunal - Delhi
Sandeep Sharma vs M/O Home Affairs on 26 August, 2021
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Item No. 3 O.A. No. 1767/2021
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 1767/2021
This the 26th day of August, 2021
Through Video Conferencing
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
Sandeep Sharma,
Aged about 38 years,
S/o. Shri Ravinder Sharma,
R/o. RZN - 55, New Roshanpura Extn.,
Nazafgarh, New Delhi - 110043,
Group - „B‟. ...Applicant
(By Advocate: Mr. Ankur Chhibber)
Versus
1. Union of India,
Through the Secretary,
Ministry of Home Affairs,
North Block, Cabinet Secretariat,
Raisina Hill, New Delhi, PIN - 110001.
2. Director General,
Bureau of Police Research and Development,
NH - 8, Mahipalpur,
New Delhi, PIN - 110037. ...Respondents
(By Advocate: Mr. R.S. Rana)
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Item No. 3 O.A. No. 1767/2021
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman The applicant has filed the instant OA seeking the following reliefs :-
"(a) To direct the Respondents No. 1 and 2 to consider the representations of the Applicant dated 29.07.2020, 15.06.2020, 07.11.2019 and 26.06.2018 seeking pay protection in terms of the Last Pay Certificate dated 19.05.2018 issued by Respondent No. 3 and to pass the necessary orders thereon;
(b) To direct the Respondents No. 1 and 2 to re-fix the Basic Pay of the Applicant in accordance with the instructions contained in FR 22-B (1), Office Memorandum dated 05.08.2020 issued by DoP&T and in light of judgment dated 16.03.2015 passed by Hon‟ble Supreme Court in the matter of All India Judge Association & Others Vs. Union of India & Ors. bearing I.A. No. 297 of 2012 in W.P. (C) No. 1022 of 1989 directing the authorities for implementing the recommendations of Shetty Commission thereby granting an advance increment in respect of the similarly placed officials as well as judgment dated 27.05.2016 passed by Hon‟ble Delhi High Court in W.P. (C) No. 10508/2015, C.M. No. 2988/2016 titled Sudhir Kumar & Ors. Vs. High Court of Delhi & Ors. and W.P. (C) No. 11337/2015, C.M. No. 29779/2015 titled Civil & Sessions Courts Stenographers Association & Ors. Vs. High Court of Delhi & Ors.;
(C) To direct the Respondents no. 1 and 2 to grant all the arrears of salary to the Applicant that may have accrued to him as a consequence of basic pay protection and fixation w.e.f. 02.12.2011 (F/N) i.e. the date of joining of the Applicant.3 Item No. 3 O.A. No. 1767/2021
(d) Pass any other order/orders as deemed appropriate by this Hon‟ble Tribunal in the facts and circumstances of the present case."
2. At the outset, Mr. Ankur Chhibber, learned counsel for applicant submits that the applicant would be satisfied if an order is passed directing the respondents to dispose of his pending representations made since 2017.
3. By accepting the prayer made by the learned counsel, we find that the ends of justice would be duly met if a direction is issued to the respondents to decide the pending representations of the applicant within a timeframe.
4. Accordingly, we dispose of the OA, directing the competent authority to decide the pending representations of the applicant, within a period of two months from the date of receipt of copy of this order by passing a reasoned and speaking order, under intimation to the applicant forthwith. It is directed that while passing the order, as directed above, the competent authority shall treat the present 4 Item No. 3 O.A. No. 1767/2021 OA as a comprehensive representation. This order has been passed in the presence of Mr. R. S. Rana, learned counsel for respondents, and without going into the merits of the case.
There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
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