Central Administrative Tribunal - Chandigarh
Dushyant Kumar Sahu vs M/O Defence on 28 November, 2020
1- O.A. No.060/01521/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Hearing by Video Conferencing
O.A. No.060/01521/2018
Chandigarh, this the 28th of November, 2020
HON'BLE MR. SANJEEV KAUSHIK, MEMBER (J)
HON'BLE MR. ANAND MATHUR, MEMBER (A)
1. MES 510255 Dushyant Kumar Sahu, Aged 40 years S/O
Sh. Ashwani Kumar Sahu, working as Junior Engineer (Civil),
O/O Garrison Engineer, 969 EWS C/o 56 APO.
2. MES 510249 Harender Singh, Aged 37 years S/O Sh.
Mangat Singh, working as Junior Engineer (Civil) O/O
Garrison Engineer (I) (P-2), Leh C/o 56 APO.
3. MES 510220 Sanjeev Kuamr, Aged 40 years S/O Sh.
MadanMurari Mahto, working as Junior Engineer (Civil) O/O
Garrison Engineer (S), Akhnoor C/o 56 APO.
4. MES 510277 Munesh Kumar, Aged 39 years S/O Sh. Om
Prakash Yadav, working as Junior Engineer (Civil) O/O
Garrison Engineer (AF) Awantipur, C/o 56 APO.
5. MES 510283 Abdul Khalique, Aged 37 years S/O Shri
Abbas Ali, working as Junior Engineer (Civil) O/O Garrison
Engineer (P) (AF) Srinagar, C/o 56 APO.
6. MES 510255 Geeta Ram, Aged 36 years S/O Sh. Gaj Ram
Singh, working as Junior Engineer (Civil), Group 'C' O/O
CWE, Mamun C/o 56 APO.
7. MES 510205 Ajay Kumar, Aged 38 years S/O Shri Kapil
Dev Sharma, working as Junior Engineer (Civil) O/O Garrison
Engineer (AF), Pathankot C/o 56 APO.
8. MES 510257 Atul Bhardwaj, Aged 39 years S/O Sh. H.O.
Bhardwaj, working as Junior Engineer (Civil), Group 'C' O/O
Garrison Engineer (AF), Pathankot C/o 56 APO.
2- O.A. No.060/01521/2018
9. MES 510230 Kaushalesh Kumar, Aged 40 years S/O Sh.
Rajendra Prasad, working as Junior Engineer (Civil), O/O
Garrison Engineer (AF), Pathankot C/o 56 APO.
10. MES 510272 Pradeep Kumar, Aged 41 years S/O Sh.
Ashok Kumar, working as Junior Engineer (Civil), O/O
Garrison Engineer, Jammu C/o 56 APO.
11. MES 510292 Dharmendra Kumar, Aged 43 years S/O
Shri Bhudev Singh Rahi, working as Junior Engineer (Civil),
O/O Garrison Engineer (N), Akhnoor C/o 56 APO.
12. MES 510229 Arun, Aged 42 years S/O Sh. Jeet Ram,
working as Junior Engineer (Civil), O/O Garrison Engineer
(S), Udhampur C/o 56 APO.
13. MES 510217 Rameshwar Chandra Yadav, Aged 37 years
S/O Sh. Govind Yadav, working as Junior Engineer (Civil)
O/O HQ Chief Engineer 31 Zone, C/o 56 APO.
14. MES 510296 Gaurav Sharma, Aged 36 years S/O Sh.
K.K. Sharma, working as Junior Engineer (Civil), O/O
Garrison Engineer, Kaluchak C/o 56 APO.
15. MES 510256 Nand Lal Gupta, Aged 41 years S/O Shri Jai
Nath Gupta, working as Junior Engineer (Civil) O/O HQ CWE
Nagrota, C/o 56 APO.
16. MES 510328, Mohd Imranullah, Aged 40 years S/O Sh.
Mohd Ghazanfarullah, working as Junior Engineer (Civil), O/O
Garrison Engineer, Kaluchak C/o 56 APO.
17. MES 510199 Prem Chand, Aged 42 years S/O Sh. Baru
Ram, working as Junior Engineer (Civil), O/O Garrison
Engineer, Kaluchak C/o 56 APO.
18. MES 510253, Rakesh Kumar, Aged 44 years S/O Sh.
Dalip Chand, working as Junior Engineer (Civil), O/O
Garrison Engineer (AF), Pathankot C/o 56 APO.
19. MES 510204 Suresh Kumar, Aged 41 years S/O Sh.
Paras Ram, working as Junior Engineer (Civil), O/O Garrison
Engineer (P), Air Force, Srinagar C/o 56 APO.
20. MES 510226, Sanjay Kumar, Aged 39 years S/O Sh. Yog
Raj, working as Junior Engineer (Civil), O/O HQ, CWE,
Udhampur C/o 56 APO.
3- O.A. No.060/01521/2018
Pin Code of C/o 56 APO-900056
All applicants are Group 'B' Non-Gazetted.
....Applicants
(BY: Mr. R.K. Sharma, Advocate)
Versus
1. Union of India through the Secretary, Ministry of
Defence, South Block, New Delhi-110001
2. Engineer in Chief, Army Headquarters, Kashmir House,
Rajaji Marg, New Delhi-110001.
3. Chief Engineer, Headquarters, Northern Command, C/0
56 APO. 900056
4. Chief Engineer, Udhampur Zone, Udhampur-182101
... .Respondents
(BY: Mr. Mukesh Kaushik, Advocate)
O R D E R(Oral)
SANJEEV KAUSHIK, MEMBER (J):
1. Applicants are before this Court seeking invalidation of order dated 17.12.2018 whereby the respondents have rejected their claim for their entitlement to be covered under old Pension Scheme cum GPF Scheme. A direction has also been sought to direct the respondents to consider their claim for covering under GPF cum Pension Scheme 1972 by extending the benefit of judgments/orders passed by the Ernakulam Bench of this Tribunal in the case of Sheeba B. And 4- O.A. No.060/01521/2018 Another Vs. Union of India and Others (O.A. No. 180/00020/2015 decided on 15.02.2016 and order dated 20.04.2017 passed by the Jabalpur Bench in the O.A. No. 203/00290/2017 titled Sumanth Kumar Baghmar and Others Vs. Union of India & Others.
2. Heard learned counsel for the parties.
3. When the matter came up for hearing on 26.10.2020, learned counsel for the applicants informed this Court that the Nodal Ministry of DoP&T has issued an O.M. dated 17.02.2020 which covers the case of applicant. On the submissions of learned counsel for the applicants, we directed the learned counsel for the respondents to file an affidavit in this regard. Pursuant thereto, the respondents have filed a comprehensive affidavit by way of MA No. 060/013330/2020. MA is allowed and the affidavit is taken on record. It is admitted therein that the applicants are covered under the said scheme as per O.M. dated 17.02.2020 and they have already exercised their option in terms of the O.M. and that the matter is under process.
4. Learned counsel for the parties are in agreement that this O.A. may be disposed of by directing the respondents to settle the claim of the applicants in view of OM dated 17.02.2020.
5- O.A. No.060/01521/2018
5. Accordingly, the O.A. is disposed of, as prayed for, with a direction to the respondents to consider and decide the claim of the applicants in terms of O.M. dated 17.02.2020 expeditiously, in any case, not later than four months from the date of receipt of a copy of this order. Pending MA, if any, stands disposed of. No costs.
(ANAND MATHUR) (SANJEEV KAUSHIK) MEMBER (A) Member (J) Place: Chandigarh Dated: 28.11.2020 'mw'