Central Administrative Tribunal - Kolkata
Asit Kr Samanta vs M/O Defence on 24 October, 2017
8PJ14 1 1~~'% Y V BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL CALCUTTA BENCH. V 4 2-017 o A. No. 350/ t27 1 V of 2016.
V Asit Kumar Samanta, son of late L Rakhal Chandra Samanta, aged about 63 years, retired Senior Store Superintendent at Vehicle Depot, Panagarh, residing at VIII. Sarada Pally, P.O. Panagarh Bazar, Dist. Burdwan, Pin : 713148, W.B. Kanu Bikash Chowdhury, son of late Birendra Lal Chowdhury, aged about 64 years, retired Senior Store Superintendent at Vehicle Depot, Panagarh, residing at Subhas Pally (South), P.O. Bud Bud, Dist, Burdwan, Pin: 713403, W.B. Tuhin Kanti Gupta, son of late Shib Shankar Gupta, aged about 63 years, retired Senior Store Superintendent at Vehicle Depot, Panagarh, residing at VIII. & P.O. Akni, Dist.
Bankura,Pin: 722 201, W.B. Bhaskar Chandra Koner, son of late Khela Ram Koner, aged about 61 - years, Retired Senior Store Superintendent at Vehicle Depot,
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Panagarh, residing at VIII. Bipinpur, PIA P.O. Bud Bud, Dist. Burdwan. Burdwan, Pin : 713 403, W.B. Prabhat Kumar Mukherjee, son of late Monibhusan Mukherjee, aged about 61 years, retired Senior Store Superintendent at Vehicle Depot, Panagarh, residing at P.O. & Viii. Gopinathpur, Durgapur, Dist. Burdwan, Pin : 713 211, W.B. Asoke Kumar Hazarl, son of Late Bibhuti Bhusan Hazari, aged about 60 years, Retired Senior Store Superintendent at Vehicle Depot, Panagarh, residing at Mankar Butak Nagar, P.O. Mankar, Dist. Burdwan, Pin: 713 144, West Bengal.
Jitendra Nath Chatterjee, son of late Gostha Behari Chatterje, aged about 60 years, retired Senior Store Superintendent at Vehicle Depot, Panagarh, residing at VIII. Kota, P.O. Kota, Dist. Burdwan, Pin: 713 148, West Bengal.
8. Kali Das Bose, son of late Adhir Kumar Bose, aged about 58 years, working as • Senior Store Superintendent at Vehicle Depot, / 1 34 a 1' Panagarh, residing at Basu VIII, Sukata Nàgar (W), P.O. Budbud, Dist. Burdwan, Pin 713 403, West Bengal.
9; Tapan Kumar Chakraborty, son of late Krishna Pada Chakraborty, aged about 55 years, working as Senior Store Superintendent at Vehicle Depot, Panagarh, residing at Golapbag More (Near Municipality Primary School), P.O. Rajbati, Dist. Burdwan, Pin : 713 104, West Bengal.
Prabhat Kumar Bhattacharya, son of late Paromananda Bhattacharya, aged about 56 years, working as Senior Store Superintendent at Vehicle Depot, Panagarh, residing at VIII. Mankar, P.O.Mankar, Dist, Burdwan, Pin 713 144, W.B. / Arup Kumar Mondal,. son, of late Krishna Chandra Mondal, aged about 56 years, working as Senior Store Superintendent at Vehicle Depot, Panagarh, residing at Qtr. No. P1125/1 (C' Type), New Building, at Hamid Endive, P.O. Panagarh, Pin 713 420, West Bengal.
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Raj Kumar Singh, son of alte Murlidhar Singh, aged about 57 years, working as Senior Store Superintendent at Vehicle Depot, Panagarh, residing at Qtr. No. A/7/24 (C ), Near PH No. 4, Civil Line, Panagarh Base, Dist. Burdwan, Pin 713 420, West Bengal.
Ashoke Kumar Banerjee, son of late Amal Krishna Banerjee, aged about 56 years, working as Senior Store Superintendent at Vehicle Depot, Panagarh, residing at VIII. Bipinpur, P.O. Budbud, Dist. Burdwan, Pin: 713 403, West Bengal.
Kiriti Kumar Das, son of late Kali Pada Das, aged about 61 years, Retired Senior Store Superintendent at Vehicle Depot, Panagarh, residing at Vill. Simnori, P.O. Nurkuna, Dist. Burdwan, Pin - : 713 403, West Bengal.
...Applicants.
-Vs-
1. Union of India through the Secretary to the Govt. of India, Minitry of Defence, SOuth Block, Je beihi- 110 001.
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7. Th e Sëcretàry, Ministry of Finance, Department of Expenditure, Norh Block, New Delhi- 110 001.
3; The4 Secretary, Ministry of Personnel, Public Grievances & Penons, Department of Personnel & Training, North Block, New Delhi- 110 001.,
4. The Commandant, Vehicle Deport, Pariagarh, P.O. Panagarh, Dist. Burdwan, Pin : 713 420.
Respondents.
o.a. 3SO.ijJ.2O1 Date of order: 24.10.2017 No. O.A. 350/01 279/2016 M.A.350/00289!2OI7 Present: Hon'ble Mr. A.K. Pattnaik, Judicial Member.
Hon'ble Dr. Nandita Chatterjee, Administrative Member For the Applicant : Mr. S.K. Dutta, Counsel For the Respondents : Mr. P.N. Sharma, Counsel 0R0 ER(Orall A.K. Pattnaik, Judicial Member Heard Mr. S K Dutta, td Counsel for the applicant and Mr. P N Sharma, Ld. Counsel appearing for the official respondents.
2. This QA has been filed by Asit Kumar Sarnata and 13 ors. challenging denying the bnefits of acts or omissions on theVW pafthèèPO?
their pay at Rs.
pay fixation .to the aptfcants w:f 1 .i'2OQ.6 2 . i•• . ' .p f entJ e '.6" CPC pay , 6500-10500/- multipjted by.
C.
structure of PB2 Mth Gide-P.? ófRs '0/- non consideration of
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Civil ce Revised Pay
provision of PartB:..Sec. 2 (ll)(1/of•the:CeflI B,'Sèc. I of the said.rul ion-con side ration, Rules, 2008 read vith P
- * of representation dated 7 72015 Thi&O 3 has) filed praying for the following reliefs:
"(a) An order granting leave to the applicants under Rule 4(5) (a) of the Central Administrative Tribunals (Procedure) Rules, 1987 to move this application jointly.
.B) An order holding that the fixation of pay of the applicants by way of fitment into PB-2 with Grade Pay of Rs.4200/- without notionaily fixing their respective pay in the scale of pay of Rs. 6500-10500/- is , bad in law and arbitrary.
An order directing the respondents to fix the pay of the applicants by way of fitment into PB-2 with Grade Pay of Rs.4200/- by notionally fixing their pay on the date of such fitment in the scale, of pay bi 'Ri. 6500- 10500/- and by multiplying the said notional pay by 1.86 before such fitment and further directing the respondents to grant all consequential fixation and monetary benefits to the applicants within a period as to this Hon'ble Tribunal may seem flt and proper with interest.
An order holding that the decision contained in the speaking order dated 7.7.2015 is bad in law and arbitrary and accordingly, an order be passed quashing and/or setting aside the said speaking order 7 , t ca. 350.1425.2017 I I. / dated 7.7.2015.
An order directing the respondents to produce/cause production of / all relevant records. .
Any other order or further order/orders as to this Hon'bie Tribunal."
4. The facts in a nut shell as per Mr. Dutta, Ld. Counsel for the applicant are that all the ithts except applicant No. 1 to 7 and 14 are working as ehiOr Stores Superintendent and theapplicant Nos. 1' to 7 and 14 are retired Senior Stores Superintendent of Vehicle 'Depot, Pänagarh and the pay. of the applicants was fixed by applying fitment formula. in 6th CPC pay structure by multiplying their actual pay drawn in the scale lower than Rs 656a40500/-by 1.86 whereas 'the:apblicanth were entItled to fixation of their pay with all consequenti&tbtea,ng their pay notionally in xV /L the scale of Rs. 6 by them prior, to notification on. the les, 2008 on 29.82008. Thè'aj51icáni fitment. They 0. approached this' tribunal 14 which was disposed of on I on 7.7.2015 rejecting their claim presentation dated 1.12.2015, which are still ng cöiiidëraion Mr. Dutta, Ld. Counsel for the applicants submitted that the grievance of the applicant would be more or less addressed if a specific order is passed by directing the concerned authority i.e. respondent No. 4 to dispose of the representation dated 1.12.2015 within, a specific time frame.
Therefore, we dispose of this O.A. by directing the respondent No. 4 that, if any, such representation as claimed by the applicant has been preferred on 1.12.2015 and the same is still pending consideration, then the same may be considered and disposed of within a period of six weeks from o.a. 350.1425.2017 the date of reôeipt of this order.
7.. Though we have not entered into the merits of the case still then we hope and trust that after such consideration if the applicants grievance is found to be genuine then expeditious steps may be taken by the concerned respondent io 4 Mthin a'• uher 'period of 6 weeks from the date of such consid'érátion to extend the benefits to the applicant. However, if in the meantime the said representation stated to have been preferred on 1.12.2015 has already been disposed of then the result thereof be communicated to the applicant within a period of 2 weeks from the date 'of receipt of a copy of this order.
With the aforesaidobservi ndirecn, the O.A. is disposed of.
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The M.A. No. 289 of261 7 ,fo Jöi Ptosecudón,j also disposed of accordingly. ? \ .
As prayed f6' by MrDuLd I. .'bunse.!a copof this order along I with paper book béjansmit t epnent No.bi speed post for ol f / which Mr. Das undertaj<es iod'êpo sit necesac,o.t. in the Registry by, the next week. ... ..'ii .... , N \._._ ."..,..-.,-..
.10. A free copy of this order be ãnE1eLo1r to Mr. P.N. Sharma, Ld. COunsel for the respondents.
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.,1 . .., (Dr. Nandita Chatterjee) ' (A.K. Pattnaik) Administrative Member Judicial Member sp