Central Administrative Tribunal - Delhi
Shri Gopal Singh Negi vs Govt. Of Nct Of Delhi on 8 March, 2010
Central Administrative Tribunal Principal Bench OA No. 3517/2009 New Delhi this the 8th day of March, 2010 Honble Shri Shanker Raju, Member (J) Honble Dr. Veena Chhotray, Member (A) Shri Gopal Singh Negi, S/o Sh. N.S. Negi, Aged about 54 years, R/o Flat No.191, DA Staff Colony, Karkardooma, Delhi and working As OT (Technician) under respondent No.2 -Applicant (By Advocate: Shri S.S. Tiwari)
-VERSUS-
1. Govt. of NCT of Delhi, through Chief Secretary, Govt. of NCT of Delhi, Delhi Sectt., IP Estate, New Delhi
2. Secretary, Health & Family Welfare Department, Govt. of NCT of Delhi, Delhi Sectt., IP Estate, New Delhi
3. Additional Secretary-II (H&FW), Health & Family Welfare Department, Technical Recruitment Cell, Govt. of NCT of Delhi, Delhi Sectt., IP Estate, New Delhi
4. Medical Superindent, G.B.Pant Hospital, Govt.of NCT of Delhi, New Delhi
5. Director, G.B.Pant Hospital, Govt.of NCT of Delhi, New Delhi -Respondents (By Advocate: Shri V.K. Pandita) O R D E R (Oral) Shri Shanker Raju:
This is no more res integra that case of the applicant, who is an OT Technician, is covered not only by the Full Bench s decision of the Tribunal but also an identical issue when raised in Rajaram Vs. Govt. of NCT (OA No. 1167/2006) relying upon the Full Bench decision, OT Technicians have been found eligible for grant of pay scale of Rs.5000-8000 with arrears.
2. Though, Shri Vijay Pandita, learned counsel for respondents, states that applicant, Raja Ram was since retired, the ratio would not apply to the applicant who is in service. It is also stated that recovery was rolled back in 2004.
3. In our considered view, the present case is fully covered by the decision of the Full Bench and we are respectfully agreed that the applicant is entitled to pay scale of Rs.5000-8000 and arrears thereof. As a consequence of it, the same shall now be paid to the applicant, if he has already not been paid and recoveries are not effected from him, within a period of three months from the date of receipt of a copy of this order. Accordingly, the OA is allowed. Impugned orders are set aside. No costs.
(Dr. Veena Chhotray) (Shanker Raju) Member (A) Member (J) /lg/