Grant of Pay Band Rs 9300 - 34800 (PB-2) with Grade Pay Rs
4600/- corresponding to the
pre-revised pay scale
of Rs 6500 – 10500 in
replacement of pre-revised pay scale
5000-8000 to the Office Staff
working in Organisations outside Central Secretariat.
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No.660/PB/2012 Date 27.02.2014.
CORAM: HON’BLE
MR. SANJEEV KAUSHIK, MEMBER (J)
HON’BLE
MS. RAJWANT SANDHU, MEMBER (A)
1.
The
All India Army Ordnance Corps Clerks Association, Branch
Office, Ammunition Depot Bathinda (Pb)
Through Dharam Pal Sharma,
Its authorised Member.
2. Harbhajan
Singh, working as Assistant in Ammunition Depot
Bathinda
(Pb).
.......APPLICANTS
BY ADVOCATE: Sh. R.K. Sharma
Versus
1. Union of India, through the Secretary to Government of India,
Ministry
of Defence, New Delhi.
2. Secretary to Government of India,
Ministry of Finance,
Department
of Expenditure, New Delhi.
3. Director General of Ordnance
Services, Master General of Ordnance
Branch,
Integrated Headquarters of MoD (Army), DHQ PO New Delhi
4. Officer-in-Charge, AOC Records, Secunderabad.
5. Commandant, Ammunition Depot Bathinda,
PIN-900484, C/O 56 APO.
6. Principal
Controller of Defence Accounts, South Western Command, Jaipur (Rajasthan).
........RESPONDENTS
BY
ADVOCATE: Sh.Sanjiv
Dhayia
By means
of the present
O.A. filed under Section 19
of the Administrative Tribunals
Act, 1985, the applicants have
sought the Following relief:-
(i)Quash Order No. 3020/BTD/PF/20/EST-NIP dated 21.12.2011 issued
by Respondent No. 5, copy annexure A-, 1, whereby the claim of the applicants
(Gp B Officers) for initial fixation
of their pay
of Rs 4600/- corresponding to the
pre-revised pay scale of Rs 6500 – 10500 in Table S-12 (Specially prescribed
for the Office
Staff working in Organisation outside
the Secretariat i.e. the
replacement of pre-revised pay
scale of Rs
5000-8000) further upgraded to
the next higher grade in Pay Band PB-2
i.e. to the grade
pay of Rs 4600/- corresponding to
the pre- revised
pay scale of Rs
7450/- -
11500 (Table S-13) with effect
from 01.01.2006 in
accordance with Note
2A below Rule 7 of CCS (RP) Rules, 2008, has been rejected.
(ii)
Issue directions to the
respondents to reconsider the
claim of the
applicants to fix
their initial pay
in Pay Band of Rs 9300 - 34800 (PB-2) with Grade Pay of Rs
4600/- corresponding to the
pre-revised pay scale
of Rs 6500 – 10500 in Table S-12 (specially prescribed
for the Office Staff
working in Organisation
outside the Secretariat
i.e. the replacement
of pre-revised pay scale of Rs
5000-8000) further upgraded to
the next higher
grade in Pay Band PB- 2 i.e.
to the grade pay
of Rs 4600/- corresponding to
the pre-revised pay
scale of Rs 7450-11500 (Table
S-13) with effect from
01.01.2006 in accordance
with Note 2A
below Rule 7 of
CCS (RP) Rules,
2008 with all
the consequential Benefits.
(iii) Issue
directions to the
respondents to grant
the grade Pay of Rs. 4600/-
to the applicants
in the PB-2
for replacement of grade
pay of Rs 4200/-
in terms of Government of
India, Ministry of
Finance, Department of
Expenditure, Implementation Cell,
New Delhi letter
No. F. No. 1/1/2008-IC dated
13th November
2009 granting pay
parity with CSS Staff.
2.
On the
commencement of the
hearing, Sh. R. K. Sharma fairly submitted
that a similar
controversy, as raised
in the instant O.A., has already been
cliniched by Allahabad
Bench of this
Tribunal in O.A. No
293/2011 titled Neeraj Kumar
Srivastava & Ors. Vs. Union of
India decided on
09.08.2012. Therefore, he
prayed that this
O.A. may be
disposed of with
a direction to
the respondents to
re consider the case
of the applicants
in the light
of view taken
in case of
Neeraj Kumar (Supra)
by passing reasoned
speaking order in
a time bound manner
and the applicants
may also be
allowed to file
additional representation
before the authorities, and
same may also
be taken into
consideration.
3.
Sh.
Saniv Dahiya, learned
Counsel for the
respondents did not object
to the allowance
of prayer made
by the learned
counsel for the applicants.
4. Considering the
consensual agreement reached
between parties and without
going into the
merits of the
case, we dispose
of the present O.A.
with a direction
to the competent
authority amongst the
respondents to reconsider
the case of
the applicants in
terms of the judgment
rendered in Neeraj
Kumar Srivastava (supra)
decided on 09.08.2012 and
aslo consider the
representation, if file
by the applicant, by
passing a
reasoned and speaking
order within a
period of three months
from the date
of receipt of
certified copy of
this order. Thereafter, if
the applicants are
held entitled to
the claim raised
then the a dmissible benefits will
be released in
their favour, within
a furtherance period
of two months
thereafter
(SANJEEV KAUSHIK)
MEMBER (J)
(RAJWANT
SANDHU)
MEMBER (A)
Dated: 27.02.2014.
%2BNomination.jpg)