Central Administrative Tribunal - Kolkata
Subrata Kr Sarkar vs M/O Defence on 7 March, 2019
•r . 1 o.a. 3S0.01126.2013
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CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA No. O.A. 350/01126/2013 Date of order: 7.3.2019 Present Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member
1.. Shri Subrata Kumar Sarkar, Son of Late Ratan Sarkar, Aged about 40 years, T.No. 20/Gun-D, P. No. 006878 Residing at-146/4A; D.H>.Road P^Pamasree p ,V-' •?-a f ##/- %% .' K&0lp!a%TOO 060. % % it % 0 * ' Son pfenildrallaWSiRgha Roy % % , %rw;
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Son^f,Shn Santi Ranjan Sarjpr# Aged abouf39^yeafsT^^ T.No. 170/Gun-A, P.No. 006880, Residing at Gorkhara Arabinda Nagar P.S. & P.O. - Sonarpur, ;v. Dist. South 24 Parganas, c. Pin-700 150.
5. Shri Jagannath Chakraborty, Son of Shri Pranotosh Chakraborty, Aged about 40 years, T.No. 1944/Fuze P. No. 006876, Residing at 11/A, Anandamath, i P.O. Ichapur Nawabganj, 7^--
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a 2 o.a. 350.01126.2013
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J Ail of them are presently engaged as highly skilled Grade II
in the trade of Fitter and Mechanist respectively at different section of Gun & Shell Factory, Cossipore, Kolkata - 700 002. .. Applicants VERSUS-
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5. Assistant Controller of Accou^tsffFactories), Gun & SffelFFtCW^r^^7 Cossipore, Kolkata-700 002.
: .. Respondents
For the Applicants Mr. J.R. Das, Counsel
For the Respondents Mr. L.K. Chatterjee, Counsel
Mr. M.K. Ghara, Counsel
3 o.a. 350.01126.2013
ORDER (Oral!
Per Dr. Nandita^hatteriee. Administrative Member-
The instant Original Application has been preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
"(i) An order granting leave to the applicants under Rule 4(5)(a) of CAT (Procedure) Rules, 1987 to move the application jointly.
(ii) An order/direction directing the respondents to set aside the purported letter dated 10:6.2013.
(iii) An order/direction directing the respondents to correct/revise the fixation of pay of the applicants herein in the grade^of Highly Skilled Grade - II at par with their counterparts/incumbents recruited on'.lor..before"3.1.12.20051n the same identical grade and post and performing^same idfenticahjobs everyday:'•
(iv) An order/directioh directing the respondents to'act as per the MOD order of restructuring dated 14.6.2010, PC of A classification thereto being dated. 31.7.2012 (A-9) regarding implementation of such order at the earliest.
(v) An .order/direction directing the respondents to correct/amend the order for fixation of pay to H.S. Gr. :lfbeing:Gun & Shell Factory order Pt. II being-Nos. 1621, 1630, '1622, 1619 and'1620 all dated; 11.3.2013 and rpay all difference of pay and aliowances at par with'.such' incumbents recruited on or before 31.12.2005. .
(vi) • Ah order/directid'n.'directingti,the respondents to prqduce/cause production of all the necessary documents before the Hon'bie Bench for conscionable justice.
(vii) Any other order orfurther order/drdefs as to this Hon'bie Tribunal-may seem fit and proper." ....
2. Heard both Ld. Counsel, examined pleadings and documents on record.
3. The .submissions .of the applicants,;.as ^articulated through..their Ld. . Counsel, is that, all the applicants.'areiin the identical grade of Highly Skilled Grade II in different trades-with the res|bondent authorities'. The applicants were initially appointed in .the semi-skilled grade at the. pre-reviSed'scale oTRs. 2650- 4000/- as ex-trade apprentices, and, thereafter, recruited, on 16.3.2006 in the said grade and promoted to skilled grade in the pre-revised-scale of Rs. 3050- 4590/- w.e.f. 31.3.2008, and that, thereafter, they were promoted to Highly Skilled Gr. II on and from the said day.
•; The applicants allege that they have been subject to serious discrimination in anomalies in pay fixation in comparison to similar incumbents recruited on or before 31.12.2005, based on erroneous clarification by the respondent authorities. The applicants have not been given the benefit regarding restructuring of cadre of Artisan Staff in modification of 6th CPC and also have been deprived due to non-compliance of the respondents' circular dated u 4 o.a. 350.01126.2013 31.7.2012 {Annexed as A-9 to the O.A.) which clearly provides that benefit of option for switching over and, although the applicants have represented severally, their representations have been regretted by the respondents on 10.6.2013. Hence, being aggrieved, the applicants have approached the Tribunal.
Id. Counsel for the applicants fairly submits that the applicants may be given liberty to prefer a comprehensive representation to the competent respondent authority citing circulars and judicial pronouncements in their support and that the concerned respondent authority may be .directed to dispose of such representation in a time^bdund manner.
4. Id. Counsel for the respondents'does not. object if such representations are directed to.be considered; in accordance with law.
5. Accordingly, without entering jntp; the merits of the case an^ wjth the *»'■ consent of the parties,.we.hereby acbord.The. applicants libertyrto prefer a & comprehensive representation'Citingr judgemesnts and'circulars in their support within a . period of three weeks from the; date of receipt of this 'order. 3Once received, the competent respondent authority shall, within a period of four weeks of receipt of the;'same'; ^ssueiia reasoned and speaking order irf-accordahce with law and communicate the same forthwith to the applicants. In case the applicants are entitled to benefits, such entitlements should be released within a further period of six weeks from the date of the order.
6. With these.directions, the O.A. is disposed of. No costs. (Dr. Nandita Cflatterjee) (Bidisha Bdnerjee) Administrative Member Judicial Member SP