Central Administrative Tribunal - Delhi
Sushil Joshi vs D/O Post on 11 November, 2020
Admin trativ Central Administrative Tribunal Principal Bench, New Delhi OA No.1767/2020 MA No.2291/2020 Today, this the 11"day of November, 2020 Through video conferencing Hon'ble Justice L. Narasimha Reddy, Chairman Hon'ble Mr. Mohd. Jamshed, Member (A)
1. Sh. Sushil Joshi, Aged- 41 Years, S/o Lt. Sh. Jagdish Chandra Joshi, Working as ASP (2 Sub Division Presently Posted at O/o Asstt. Supt. (Posts), New Delhi South, 2n Sub Division, New Delhi
-65 R/o RZ-701, Gali No. 4, Main New Delhi -46 Sagar pur,
2. Sh. Gurvinder Singh, S/o Lt. Sh. Jaspal Singh Aged-42 Years, Working as DDM(PLI) Presently Posted at O/o Chief General Manager(PLI) PLI Directorate,Chankayapuri New Delhi-21 Post Office Building, R/o K-33B, Fateh Nagar, New Delhi -18
3. Sh. Ashok Kumar, Aged-45 Years, , S/o Sh. Sajjan Singh Working as Desk Officer Presently Posted at O/o the Secretary (Posts), OA No.1767 /2020 Department of Posts, Dak Bhawan, New Delhi-01 Admina R/o D-35, Moti Bag-I, New Delhi -21 rative
4. Sh. Dinesh, Aged-47 Years, S/o Sh. Sohan Pal Singh Working as ASP (Vig.) Presently Posted at 0/o Chief PMG, Delhi Postal Circle, New Delhi-01 R/o RZ-20C/5H,Gali No. 1, Main Sagar Pur, New Delhi -46
5. Sh. Lalit Kumar, Aged-45 Years, S/o Sh. B.S. Verma Working as ASP (IT & PMU) Presently Posted at O/0 Chief PMG, Delhi Postal Circle, New Delhi-01 R/o RZ-20P,Gali No. 0, East Sagar Pur, Palam Road,New Delhi-46
6. Sh. Rajiv Sharma , Aged-50 Years, S/o Sh. S.K. Sharma Working as ASP (HQ) Presently Posted at 0/0 Supdt Post Offices, New Delhi, South Division, Lodi Road New Delhi-03, R/o Sri Niwas puri PO, Attached Accommodation, New Delhi -110065
7. Smt. Poonam Dahiya , Aged-47 Years, W/o Sh. Ashok Kumar Working as ASP(PMU) Presently Posted at 0/o The Secretary (Posts), Department of Posts, PMU Section, Dak Bhawan, New Delhi-01 R/o 94, Delhi Administration Officer's Flat New Mahavir Nagar, New Delhi-18
8. Smt. Rekha Vedwal , Aged-49Years, OA No.1767 /2020 W/o Sh. Bipin Vedwal, Working as ASP (D) Admn Presently Posted at O/o Supdt Post Offices, tratle New Delhi West Division, New Delhi-28 R/o M-21, Sainik Nagar, New Delhi-59
9. Sh. Shiv Kumar Aged-45 Years, S/o Lt. Sh. Ram Murti Working as AD (PLI1) Presently Posted at 0/o Chief General Manager(PLI) PLI Directorate ,Chankayapuri Post Office Building, New Delhi-21 R/o H.No 2A, Gali No. 4, Molar Band Extension, Badarpur, New Delhi-44
10. Smt. Deepa Dharwani, Aged-47 Years W/o Sh. Lalit Kumar Working as ASP(Mails) Presently Posted at 0/o The Secretary (Posts), Department of Posts, Mail Division, Dak Bhawan, New Delhi-01 R/o L-66B,Saket, New Delhi-01
11. Smt. Jeevan Jyoti Sharma , Aged-42 Years, D/o Lt. Sh. J M Sharma Working as ASP(CEPT) Presently Posted at O/o General Manager, CEPT,PTC Mysuru Campus, Mysure- 570010 R/o Flat No. 102, Plot No. 627, GF, NitiKhand I1, Indirapuram Ghaziabad -201014
12.Sh. Yogesh Chandra Papnai, Aged-41 Years, S/o Sh. Hari DuttPapnai Working as ASP (1°'Sub .Divison) Presently Posted at 0/o Astt. Suptd. (Posts) Delhi North, 1ST Sub Division, Delhi-33 R/o MPT-525, P& T Colony, Sarojini Nagar, New Delhi -23 OA No.1767 /2020 Admin 13. Smt.SumanJakhar , Aged-44 Years, strativvee W/o Sh. Rajesh kumar Working as ASP(HQ) Presently Posted at 0/o SSRM, Air Mail Sorting Division Chankyapuri, New Delhi -21 R/o 10-d, Delhi Administration Officer's Flat, New Mahavir Nagar New Delhi-18
14. Sh. Amit Kumar, Aged-48 Years, S/o Sh. Darshan Lal Working as ASP (A&P) Presently Posted at O/o Chief PMG, Delhi Postal Circle, New Delhi-01 R/o EPT-82, Sarojini Nagar, New Delhi -23
15. Sh. Deepak Kumar, Aged-46Years, S/o Sh. Ranbir Singh Working as ASP (HQ) Presently Posted at O/o Supdt Post Offices, New Delhi Central Division, New DELHI -01 R/o A-14, Anand Vihar ,Uttam Nagar, New Delh
-
5916. Sh. Jagdish Rai Chugh , Aged-50 Years, S/o Krishan Lal Working as ASP (1STSub .) Presently Posted at 0/o Astt. Suptd. (Posts) New Delhi West, 1ST Sub Division, A-3,Janakpuri, New Delhi-58 R/o D-130, UG-4, Bharat Vihar, Kakrola, New Delhi
-78
17. Sh.Deepak Gupta, Aged-48 Years, S/o Sh. Anand Parkash Working as ASP(Mails) Presently Posted at 0/o The Secretary (Posts), Department of Posts, Mail Division, Dak Bhawan, New Delhi-01 R/o G-21/100, Sector-7 ,Rohini, Delhi- 85 OA No.1767 /2020
18.Sh. Atul Mohan Saxena, Aged-46 Years, Admin S/o M MSwaroop Working as ASP (1STSub .Dn) Presently Posted at 0/o Astt. Suptd. (Posts)Delhi-91 Delhi East, 1ST Sub Division, Patparganj, 201012 R/o 2B-256, Vasundhara ,Ghaziaabad U.P.
19. Sh. Hari Om Sharma , Aged-48Years, S/o Lt. Sh. R D Sharma Working as DDM (PLI) Chief General Manager(PL1) Presently Posted at 0/o Office Building, PLI Directorate ,Chankayapuri Post New Delhi-21 New Delhi -23 R/o EPT-63, Sarojini Nagar,
20. Smt. Poornima V. Kulkarni, Aged-42 Years, W/o Sh. Vinod Kulkarni Working as ASP(PE-II) Presently Posted at O/o The Secretary (Posts), Department of Posts, Mail Division, Delhi-01 Dak Bhawan, New New Delhi-37 R/o L-54, Mahiplapur,
21. Sh.Devender Kumar Prasad , Aged-45 Years, S/o Lt. Sh. Ganga Prasad Working as ASP Posted at O/o The Supdt (Posts), Presently AMPC, New Delhi-37 R/o 355, Sector 6, R.K.Puram, New Delhi- 22.
22. Sh.Deshraj, Aged-44 Years, S/o Sh. Puranmal Working as Supdt (Adhoc) Presently Posted at O/o The Supdt (Posts), Delhi RMs (TMO) , Delhi-6 R/o MPT-421, Sarojini Nagar, New Delhi-23 Applicants 6 OA No.1767 /2020 (By Advocate: Mr. Yogesh Sharma) minls atlve Versus
1. Union of India, through the Secretary, Ministry of Communication, Department of Posts, DakBhawan, New Delhi-110001
2. Union of India through the Secretary, Ministry of Finance, Department of Expenditure, Govt. of India, North Block, New Delhi-110001
3. The Chief Postmaster General, Delhi Postal Circle, Meghdoot Bhawan, New Delhi-110001.
Respondents (By Advocate: Mr. R.S. Rana) Order (Oral) Justice L. Narasimha Reddy, Chairman MA No.2291/2020 MA filed for joining together in a single application is allowed.
OA No.1767/202The applicants were promoted as Postal Assistants between 2006 an 2008. According to them, the benefit R NAA OA No.1767 /2020 of recommendations of the 6th CPC and the resultant Admn rative rules were not extended to them. Placing reliance upon the order passed by the Bangalore Bench of the Tribunal in OA.291/2019, they made a representation dated 06.05.2019. Their grievance is that no decision has been taken on the representation. They filed this OA, with a prayer to direct the respondents to refix their pay as per Rule 11 of the Ccs(Revised Pay) Rules, 2008 at the stage of 18460/- (Rs.13860 Pay in Pay Band+ Grade Pay Rs.4600) from the date of their promotion to the post of Inspector.
2. We heard Mr. Yogesh Sharma, learned COunsel for the applicants and Mr. R.S. Rana, learned counsel for the respondents.
3. The applicants raised certain contentions as regards re-fixation of thelir pay in the pay band, referred to above. It needs to be noted that not only the recommendations of the VI Pay Commission have been implemented through the CCS (Revised Pay) Rules, but also the VII Pay Commission has been 8 OA No.1767 /2020 constituted, and its recommendations were Adml, rative implemented.
4. The question as to whether the applicants suffered any detriment in the context of fixation of their pay and whether there can be any remedy for that, needs to be considered.
5. We do not find any typical aspect as to the and entitlement of the applicants inthe ordeer similarity Bench. of this Tribunal. The passed by the Bangalore examine the issue in detail and respondents need to pass a reasoned and detailed order.
6. We, therefore, dispose of the OA by directing a reasoned and detailed order the respondents to pass the applicants within a period on the representation of the date of receipt of a copy of of three months from this order.
to costs.
order as
There shall be no
N a r a s 1 m h a Reddy)
(Mohd. Jamshed) (Justice L.
Chairman
Member (A)
iyoti/vb/ankit/sd/