Central Administrative Tribunal - Ernakulam
Ushasree G vs Union Of India Represented By on 29 May, 2017
Author: P.Gopinath
Bench: P.Gopinath
Central Administrative Tribunal
Ernakulam Bench
OA/180/00644/2014
Monday, this the 29th day of May, 2017
CORAM
HON'BLE MR.JUSTICE N.K.BALAKRISHNAN, JUDICIAL MEMBER
HON'BLE Mrs. P.GOPINATH, ADMINISTRATIVE MEMBER
1. Ushasree G, aged 52,
D/o G. Venkataratnam,
Technical Officer,
O/o the Chief Engineer (NW) Kochi,
Kataribagh, Naval Base PO,
Kochi-4.
Residing at H/152116, Balaji Nagar,
Kukatpally, Hyderabad,
PIN-560 072, Telungana.
2. Kurian Sebastian, aged 53
S/o Sebastian,
Technical Officer,
O/o the Garrison Engineer,
Fort Kochi.
Residing at Moolan House,
Kokkunnu, Mookkannoor PO,
Emakulam, PIN-683 577.
3. M. Ravindran, aged 55
S/o A. Appu Nair,
Technical Officer,
O/o the Commander Works Engineers,
Ezhimala, Naval Academy PO,
PIN-670 310.
Residing at Ammuppillil House,
West Koratty, Mambra PO,
Thrissur, PIN-680 308.
4. Baby PV, aged 56
S/o P.J. Varghese,
Technical Officer,
O/o the Commander Works Engineers,
Trivandrum, HQ SAC IAF Complex,
Akkulam, Thuruvikkal PO,
PIN-695 011, Trivandrum,
Pallippattu House, Angamaly P.O.,
Emakulam-683 572.
5. Francis EV, aged 55,
S/o E.V. Vareedu,
Technical Officer,
O/o the Garrison Engineer (NW) Kochi,
Kataribagh, Naval Base, PIN-682 004.
Residing at Erally House, Manjapra PO,
Angamaly, PIN-683 581.
6. Lali N Joy, aged 56
D/o C.L. Pathrose,
Technical Officer,
O/o the Chief Engineer (NW) Kochi,
Kataribagh, Naval Base PO, Kochi-4.
Residing at N Joy Villa, ISED Road,
Vennala PO, Emakulam, PIN-682 028.
7. Savithri Ravindran, aged 56
D/o P. Sankara Pillai,
Technical Officer,
O/o the Garrison Engineer (AF),
Pulayanar Kotta, Akkulam P.O.,PIN-695 011.
Residing at Vandana, Indira Nagar,
Kadavanthra, Emakulam, PIN-682 020.
8. Sudharma S, aged 55
D/o Achuthan K,
Technical Officer,
O/o the Garrison Engineer (Army),
Trivandrum, Thirumala PO,
PIN-695 006.
Residing at Mithri, Changampuzha
Cross Road, Edappally PO,
Ernakulam, PIN-682 024. . . . Applicants
(By Advocate: Mr.R.Sreeraj)
Versus
1. Union of India represented by
its Secretary to the Government of India,
Ministry of Defence, New Delhi-110 011.
2. The Engineer-in-Chief,
Military Engineer Services
New Delhi-110 011
3. The Chief Engineer
Headquarters Southern Command
Military Engineer Services
Pune-4
4. The Chief Engineer (Naval Works)
Military Engineer Services
Kataribagh, Kochi-682 004. . . . Respondents
(By Advocate: Mr.N.Anil Kumar, Sr.PCGC)
This OA having been heard on 29 th May, 2017, the Tribunal delivered
the following order on the same day:
O R D E R (oral)
By N.K.Balakrishnan, Judicial Member Applicants who are Technical Officers in the Architectural Section of the Military Engineer Service have approached this Tribunal for restoring parity of pay with Assistants (Architectural Department) of CPWD and also for a direction to be issued to the respondents to grant first and second financial up-gradations under ACP Scheme to the scale of pay of Rs.6500- 10500 (pre-revised) and Rs.10,000-15,200) (Pre-revised) with effect from the date they became eligible for the same with all consequential benefits.
2. Respondents have filed reply statement, additional reply statement and an MA (No.180/00473/2017) to accept additional document marked as Annexure R8. In the MA, it is stated in para 3 as under:-
'3. In this connection, the Directorate General Personnel, MES, E-In- C's Branch, Kashmir House, Rajaji Nagar, New Delhi vide letter dated 21.04.2017 has clarified that those Draughtsman/TOs of MES who have completed 24 years of regular service during intervening period of 01.01.2006 to 31.08.2008 will be granted 2nd financial up- gradation in the pre-revised scale of pay of Rs.10,000-325-15200 (Revised pay scale of PB-3 Rs.15600-39100 with grade pay of Rs.6600) and further 3rd MACP to these Draughtsman/TOS in PB-3 with Grade Pay of Rs.7600/ after completion of 30 years of regular service. True copy of the letter No.CC-3/85610/47/MACP/D'Man/6th CPC/CSCC dated 21.04.2017 is produced herewith and marked as Annexure R8. It is respectfully submitted that Annexure R8 is relevant document for adjudicating the issue involved in the above Original Application and unless the above document is not accepted and taken on record by the Hon'ble Tribunal, the Miscellaneous applicants/Respondents will be put to irreparable loss and injury.'
3. For the reasons stated in the MA, the MA is allowed and the document marked as Annexure R8 is accepted on record.
4. In the light of Annexure R8, the reliefs sought for by the applicants are granted by the respondents. we record the statement as aforesaid and also Annexure R8.
5. In the light of what have been stated, the respondents are directed to implement the order and disburse the benefits arising therefrom within three months from the date of receipt of a copy of this order. Original Application is disposed of. No order as to costs.
(P. Gopinath) (N.K.Balakrishnan) Administrative Member Judicial Member aa.