Central Administrative Tribunal - Delhi
Rajghat Samadhi Committee Rajghat vs Union Of India on 9 May, 2014
IN THE CENTRAL ADMINITRATIE TRIBUNAL PRINCIPAL BENCH OA 952/2013 New Delhi this the 9th day of May, 2014 Honble Mr. A.K.Bhardwaj, Member (J) Mr. Jai Kanwar Tyagi, S/o Mr. Taj Singh Tyagi, Mohallah Tyagi Wada, Village-Badshshpur, Dist-Gurgaon, Haryana Presently working at: Rajghat Samadhi Committee Rajghat, Mahatma Gandhi Marg, New Delhi. Applicant (By Advocate Shri Nasir Ahmed ) VERSUS 1. Union of India Through, The Secretary, Rajghat Samadhi Committee Rajghat, Mahatma Gandhi Marg, New Delhi-02 2. The Joint Secretary (Ceremonial), Ministry of Urban Development, (Govt. of India), 3. The Chairman, Rajghat Samadhi Committee, Ministry of Urban Development, Govt. of India, Nirman Bhawan New Delhi. Respondents (By Advocate Shri Mukti Bodh with Shri Sudhir Srivastava ) O R D E R (ORAL)
Applicant who is employed as Chowkidar with Rajghat Samadhi Committee, retired voluntarily from 31.03.2014. His grievance in the present OA is denial of payment of night duty allowance to him, since December 2011. According to learned counsel for the applicant, he was in receipt of night duty allowance, since the date of assuming the charge of the post and the respondents are fully unjustified in denying the same to him after long service. He made reference to DoP&T OM No.12012/4/86-Estt (Allowance) dated 4.10.1989 (Annexure P-I).
2. The respondents have filed a detailed reply in the matter. According to them, there is doubt regarding admissibility of night duty allowance to Guards and Chowkidar. In para 5 of the reply, it is stated that recently it came to the notice of the Committee that the Honble Supreme Court of India in its judgment dated 1.08.1997 in SLP (Civil) No. 25134/1996 had upheld the DoP&T UO note dated 12.10.1995 declaring that Chowkidars/Guard being such a category, whose duties contain an element of night duty are not eligible for night duty allowance. Mr. Mukti Bodh, learned counsel for respondents referred to the aforementioned judgment of Honble Supreme Court and read relevant portion thereof.
3. I heard counsel for parties and perused the record. It is seen that in response to the application submitted by the applicant under Right to Information Act 2005, the Committee apprised him that the payment of night duty allowance has been deferred and not stopped and the matter has been referred to the MOUD by the Rajghat Samadhi Committee for guidance of the Committee. Relevant excerpt of the communication dated 18.05.2012 (ibid) sent to applicant read as under:
In view of the aforesaid, the payment of night duty allowance has been deferred and not stopped and matter has been referred to the MOUD by the Raj Ghat Samadhi Committee for the guidance of the Ministry, copy of the letter dated 27/02/2012 issued to he ministry has already been provided to you. After the receipt of clarification from the Ministry of Urban Development, Appropriate action shall be taken accordingly. It is seen that in the judgment of Honble Supreme Court relied upon by respondents, their Lordships viewed that the direction contained in the UO note dated 12.10.1995 means that from said date night duty allowance is payable to Chowkidar, if the conditions as laid down in OMs dated 26.11.1974 and October 4, 1989 were fulfilled. Thus, it cannot be said that the Honble Supreme Court could take a view that night duty allowance is not admissible to the Chowkidar. Besides, as it appears from the communication dated 18.05.2012 (ibid) sent by the Committee to applicant, the Committee itself is not very clear about its decision and has referred the matter to Ministry of Urban Development. The Joint Secretary (Ceremonial), Ministry of Urban Development is respondent no.2 in the present OA. In view of the fact that no final decision has been taken regarding admissibility of the night duty allowance to applicant and the payment of such allowance could only be deferred, the OA is disposed of with direction to respondents to take a final decision in the matter within eight weeks from the date of receipt of a copy of this order and intimate the same to applicant, by way of a speaking order. No cost.
(A.K.Bhardwaj ) Member (J) sk