Central Administrative Tribunal - Delhi
Shri Rajinder Prashad Sharma vs Mcd & Others Through on 19 October, 2010
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.1131/2010 Tuesday, this the 19th day of October 2010 Honble Shri Shanker Raju, Member (J) Honble Dr. Veena Chhotray, Member (A) 1. Shri Rajinder Prashad Sharma s/o Shri Bhola Ram RZ 27, Phase II Prem Nagar, Najafgarh, New Delhi 2. Miss Asha Rani d/o Shri Devinder Kumar r/o S-53, Greater Kailash-I New Delhi 3. Shri Azad Krishan Jain s/o late Shri T C Jain r/o 137-A, Veer Nagar Jain Colony, Gur Mandi Delhi-7 ..Applicants (By Advocate: Shri M K Bhardwaj) Versus MCD & others through 1. The Commissioner Municipal Corporation of Delhi Town Hall, Delhi 2. The Additional Commissioner (Estt.) Municipal Corporation of Delhi Town Hall, Delhi 3. The Director (Pers) Municipal Corporation of Delhi Town Hall, Delhi ..Respondents (By Advocate: Shri R K Jain) O R D E R (ORAL)
Shri Shanker Raju:
Applicant, through this OA, seeks difference in pay and allowances attached to the post of Accounts Officer, to which he has worked on current duty charge. The defence of the respondents is that as per FR 49 (v) no additional pay shall be admissible to a government servant who is appointed to hold current duty charge of the routine duties of another post.
2. The aforesaid controversy was set at rest by the coordinate Bench of this Tribunal in Subhash Chandra Lather v. Union of India & another (OA-6/2009) decided on 16.7.2009 relying upon the decision of the Apex Court in Secretary-cum-Chief Engineer, Chandigarh v. Hari Om Sharma & others, (1998) 5 SCC 87 as well as the decision in Selvaraj v. Lt. Governor of Island, Port Blair & others, (1998) 4 SCC 291. The Tribunal in the said case has observed that the contentions now raised and similarly raised before the coordinate Bench were found by the Apex Court to be preposterous and it has been held that if a person has discharged the higher duties attached to a higher post, he is entitled to the wages.
3. In the above view of the matter, the stand taken by the respondents cannot be countenanced in law. Accordingly, OA is allowed. Impugned orders are set aside. Respondents are directed to accord to the applicant the difference in wages of the post of Superintendent w.e.f. 18.5.2005 and AO/AA& C w.e.f. 31.8.2007, with all arrears, within a period of two months from the date of receipt of a copy of this order. No costs.
( Dr. Veena Chhotray ) ( Shanker Raju ) Member (A) Member (J) /sunil/