Central Administrative Tribunal - Jodhpur
Unknown vs Union Of India Through The Secretary on 2 December, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH AT JODHPUR Original Application No.338/2013 Jodhpur, this the 2nd day of December, 2013 CORAM HONBLE MR. JUSTICE KAILASH CHANDRA JOSHI, MEMBER (J) HONBLE MS. MEENAKSHI HOOJA, MEMBER (A) Bhanwar Singh s/o Shri Ghanshyam Singh, aged 55 years, Electrician in the office of Garrison Engineer, Army, MES, Jaisalmer r/o MES Colony, Jaisalmer. .Applicant Mr.Vijay Mehta, counsel for applicant Vs. 1. Union of India through the Secretary, Ministry of Defence, Raksha Bhawan, New Delhi. 2. Commander Works Engineer, Army, MES, Jodhpur. 3. Garrison Engineer, Army, MES, Jaisalmer. Respondents Mr.D.P.Dhaka, proxy counsel for Mr. Vinit Mathur, counsel for respondents ORDER (ORAL)
Per Justice K.C.Joshi, Member (J) The applicant has filed the present OA not against any written order, but against apprehended reduction of pay and recovery from the salary, praying for the following reliefs:-
The applicant prays that the impugned action may kindly be quashed and the respondents may kindly be restrained from canceling PTO ANN A2 and similar orders issued for granting the benefits of upgradation in Grade Pay 4600/-. They may kindly be restrained from making any recovery from the applicant and may also be restrained form reducing the salary of the applicant. Recovery, if any made after the filing of OA may kindly be ordered to be refunded to the applicant. The respondents may kindly be directed to continue to make payment of salary every month according to the fixation made vide PTO ANN A 2. Cost may also be awarded to the applicant.
2, Short facts of the case, as stated by the applicant, are that the applicant was appointed as Electrician on 9.9.1980 and on completion of 24 years of service he was granted benefit of second ACP from 9.9.2004 in the pay scale of Rs. 5000-8000 which was revised to pay-band of Rs. 9300-34800 with grade pay of Rs. 4200 w.e.f. 1.1.2006. Thereafter, the applicant was granted third MACP in grade pay of Rs. 4600 w.e.f. 13.9.2010. It is stated by the applicant that he learnt on 17.8.2013 that the respondents intend to reduce his salary and are taking steps to cancel grant of Grade Pay of Rs. 4600 and to recover the benefit of third MACP. The applicant has not been served with any order or show-cause notice but the respondents are making preparation to recover the amount by reducing salary of the applicant from the month of August, 2013. Therefore, the applicant has filed this OA praying for the aforesaid reliefs.
3. The respondents by way of filing reply have denied right of the applicant. It has been submitted by the respondents that the third MACP granted to the applicant is not as per DOPT guidelines and the applicant cannot be allowed to get more than the correct pay. The wrong pay fixation of the applicant has been objected to by the competent authority and the matter is still under process. Further submitted that action will be taken after receipt of clarification/decision from the competent authority but the applicant has approached the Tribunal prematurely without any order having been passed. It is further submitted that third MACP was approved from higher HQ and correspondence has been made with higher HQ and on receipt of the decision from higher HQ, necessary suitable action will be initiated after intimation to the individual by way of giving show cause notice etc. Therefore, the OA filed by the applicant deserves to be quashed.
4. In the rejoinder, the applicant has reiterated the same facts as averred in the OA.
5. Heard both the parties. The respondents have averred that they are not making any recovery and decision to this effect has not been taken so far, therefore, the OA filed by the applicant is premature.
6. We have considered the contention of both the parties. Since the respondents in their reply have averred that the process of recovery of the amount has not been started because no final decision in this regard has been taken for recovering any amount from the applicant, therefore, the OA filed by the applicant is dismissed, but at the same time, we direct the respondents that if any final decision on recovery is to be made, a show cause notice has to be issued to the applicant and the applicant shall reply to such notice within 15 days from the date of the show cause notice. Further, after considering the reply to show-cause notice, the respondents shall decide the same within one month from the date of receipt of the reply to the show-cause notice and shall pass a reasoned and speaking order in this respect. Till then no recovery shall be made by the respondents.
(MEENAKSHI HOOJA) (JUSTICE K.C.JOSHI)
Administrative Member Judicial Member
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