MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION, GOVERNMENT OF INDIA
Wednesday, September 3, 2014
25th meeting of the Standing Committee of Voluntary Agencies (SCOVA)(Please click the link below for details)
http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/PPWG_14082014.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/PPWG_14082014.pdf
Tuesday, September 2, 2014
UPGRADATION OF GRADE PAY OF LDC& UDC-
UPGRADATION OF GRADE PAY OF LDC & UDC- A STEP FORWARD
BORDER ROAD ORGANISATION (BRO) SUBMITS THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH THAT “...organisation accepts the position that the Government is considering the same since more than last one year and yet no decision has been taken”.
SHRI ABHIMANYU KUMAR & 58 OTHER LDCS OF BORDER ROAD ORGANISATION FILED A CASE FOR UPGRADATION OF GRADE PAY LDC FROM 1900 TO 2400 IN PUNJAB & HARYANA HIGH COURT CHANDIGARH - CWP NO. 14193/2014. COPY OF THE INTRIM ORDER ISSUED BY THE COURT IS GIVEN BELOW:
-TKR Pillai
CWP 14193/2014 108
Abhimanyu Kumar and ors v UOI and others
Present:- Mr.ADS Jatana, Advocate for the petitioner
Petitioners, who are 59 in number, are working on the post
of Lower Division Clerks (LDC) with General Reserve Engineering
Force (GREF) which is a Border Road Organisation. After the
acceptance of the recommendations of the Sixth Pay Commission they
have been kept in Pay Band-I of Rs.5200-20200 with Grade Pay of
Rs.1900/-. They are seeking upgradation of their Grade Pay to
Rs.2400/- as granted to other cadres in the same Pay Band and pay
scale of other Central forces.
By referring to Annexure P-5, it is submitted that the
organisation accepts the position that the Government is considering
the same since more than last one year and yet no decision has been
taken.
Notice of motion for 12.12.2014.
23.07.2014 (Jaswant Singh)
joshi Judge
Monday, September 1, 2014
Night Duty Allowance in sixth pay commission – CAT Mumbai Order
A
copy of the order send by Shri T.K. Damodaran (New Jersey, USA) is published
hereunder for the viewers of this blog. As
regards the demand for payment of Night Duty Allowance, Over time Allowance etc,
on the basis of 6th CPC recommendation, Confederation of Central
Government Employees & Workers & Staff Side National JCM are pursuing it
continuously. Definitely this order will strengthen the Staff Organisation to
intensify the activities further.
OA No.2017/2014
CENTRAL ADMINISTRATIVE
TRIBUNAL BOMBAY BENCH, MUMBAI
ORIGINAL APPLICATION NO:- 2017/2014 DATED THIS Friday THE 17th DAY
OF January, 2014.
CORAM:-HON’BLE SMT. CHAMELI MAJUMDAR, MEMBER (J)
All Employees of Ordnance Factory Ambajhari, Nagpur 440 021
(1598 Applicants name list attached )
… . … Applicants
(By Advocate Shri Shaikh Ayyub)
VERSUS
1.Union of India, Through the Secretary, Ministry of Defence, D(Fy.II), Sena Bhawan, New Delhi 110 001.
2.The Secretary,
Ministry of Personnel & Public Grievances, Department of Personnel & Training, New Delhi 110 001.
3.The D.G.O.F./Chairman, Ordnance Factory Board, 10-A, Shaheed Khudiram Bose Road, Kolkata 700 001.
4.The Sr. General Manager, Ordnance Factory Ambajhari Nagpur 440 021. …
..……..Respondents
(By Advocate Shri R. G. Agarwal)
OA No.2017/2014
ORDER(ORAL)
Per: Smt. Chameli Majumdar, Member (J).
All Employees of Ordnance Factory Ambajhari, Nagpur 440 021
(1598 Applicants name list attached )
… . … Applicants
(By Advocate Shri Shaikh Ayyub)
VERSUS
1.Union of India, Through the Secretary, Ministry of Defence, D(Fy.II), Sena Bhawan, New Delhi 110 001.
2.The Secretary,
Ministry of Personnel & Public Grievances, Department of Personnel & Training, New Delhi 110 001.
3.The D.G.O.F./Chairman, Ordnance Factory Board, 10-A, Shaheed Khudiram Bose Road, Kolkata 700 001.
4.The Sr. General Manager, Ordnance Factory Ambajhari Nagpur 440 021. …
..……..Respondents
(By Advocate Shri R. G. Agarwal)
OA No.2017/2014
ORDER(ORAL)
Per: Smt. Chameli Majumdar, Member (J).
There are 1598 applicants in this O.A. who have
joined this Original Application with a common grievance and praying
for common relief. However, the title sheet of the O.A. indicates
that there are 1603 applicants (Sl.Nos. 135, 845, 987, 1212 and 1322 being left
out while numbering). M.A. No. 2009/2014 filed by the applicants for
joint petition is allowed.
2. The Applicant No. 1 is the Union of the
Ordnance Factory, Ambajhari, Nagpur. The grievance of the applicants is that
although other employees of some Units of Defence establishment are being paid
Night Duty Allowance as per Fifth and Sixth Central Pay Commission,
the same is denied to the workmen of the factory of the Ordnance Factory Board
at Ambhajari.
3. Heard Shri Shaikh Ayyub, Learned Counsel for
the applicants and Shri R. G. Agarwal, Learned Counsel for the Respondents.
4. The Learned Counsel for the applicants has
drawn my attention to the judgment passed by the Central Administrative
Tribunal, Madras Bench, in O.A. No. 1391/2010 decided on 08.08.2012. In the
said judgment, the Tribunal at Madras Bench relied on the judgment passed by
the Central Administrative Tribunal, Jodhpur Bench. Relevant portion of the
judgment is set out herein below :
“this is a fit case to direct the respondents to calculate and pay
night duty allowance payable to industrial employees working in the
4th respondent factory on the basis of the revised basic pay
and allowances drawn by them with effect from 01.01.1996 and
01.01.2006 as per the 5th and 6th Pay Commission’s recommendations respectively
along with arrears with effect from 1.1.1996. The respondents are further
directed to complete the entire exercise within a period of three
months from the date of receipt of a copy of this order. In the result, the
O.A. is allowed. No order as to costs.”
5. In view of the above, the
competent authority is directed to consider the said representations
of the applicants in the light of the judgment passed by Jodhpur as well as
Madras Bench within 12 weeks from the date of receipt of a copy of this order
and pass a reasoned and speaking order in accordance with law.
6. The O.A. stands disposed of in terms of above direction at the admission stage itself.
(Smt. Chameli Majumdar)
Member (J)
Regularisation
Contract Workers in Ministry of Statistics & Programme Implementation-High
Court Bangalore dismissed the Writ Petition filed by the Union of India
IN THE HIGH
COURT OF KARNATAKA AT BANGALORE
DATED THIS
THE 22ND DAY OF APRIL 2014
PRESENT
THE HON'BLE
MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE
MR.JUSTICE RAVI MALIMATH
WRIT
PETITION NO.57381 OF 2013(S-CAT) AND
WRIT
PETITION NOS.8010-8035 OF 2014(S-CAT)
BETWEEN:
1. The Union of India
Represented by its Secretary
Ministry of Statistics and Programme
Implementation, Sardar Patel Bhavan,
Sansad Marg,
New Delhi - 110 001.
2. The Secretary
Ministry of Finance,
Department of Expenditure
North Block, Loknayak Bhavan,
New Delhi - 110 001.
3. The Director General and Chief
Executive Officer
Ministry of Statistics and Programme
Implementation, Sardar Patel Bhavan,
Sansad Marg,
New Delhi - 110 001.
4. The Additional Director General
NSSC,
Data Processing Division (Head
Quarters),
No.161, GLT Road, Mahalanobis
Bhavan,
Kolkata - 700 108.
5. The Deputy Director, General
NSSO,
Data Processing Centre,
III Floor, "F" Wing,
Kendriya Sadan,
Koramangala,
Bangalore - 560 034. ...PETITIONERS
(By Sri A.Hanumanthappa, CGC)
AND:
1.
S.D.Jayaprakash S/o S.B.Dakshinamurthyachar Aged about 43 years
2. Sri
M.Ravi S/o G.Mariyappa, Aged about 41 years
3. Sri
Rudraiah S/o late Kyathaiah Aged about 44 years
4.
Smt.Dhanalakshmi S W/o Srinivasa Murthy Aged about 42 years
5. Sri
Jagadish B S/o Venkata Naik, Aged about 41 years
6. Smt.Jaya
Bisht W/o B.S.Bisht Aged about 42 years
7.
Smt.Jyothis C W/o Noel Cardoza, Aged about 42 years
8. Sri Kumar
R, S/o H.Ramu Aged about 40 years
9. Smt.Latha
Rani B.V W/o Kumar R Aged about 39 years
10.
Smt.Madhushalini W/o B.Shivaraj Aged about 42 years
11.
Smt.Rajalakshmi A.S. W/o D.E.Lakshmi Prakash
Aged about
42 years
12.
Smt.Rekha T W/o M.C.Naveen Aged about 42 years
13. Sri
Shanmukha S/o Jogappa Aged about 46 years
14. Sri
Srinath D.A S/o D.R.Arunachalam, Aged about 41 years
15.
Smt.Umarani M.S. W/o B.V.Nagaraj Aged about 41 years
16.
Smt.Vidya N W/o N.Arun Aged about 41 years
17.
Smt.Hemalatha V.B
W/o Jagannatha
Nayaka R Aged about 37 years
18. Sri
Indiresh Kumar C S/o N.Chandrashekar
Aged about
41 years
19.
Smt.Lalitha P, W/o A.Jeyashankar Aged about 41 years
20.
Smt.Malathi S W/o Nanjundappa T.A. Aged about 38 years
21. Sri
Narendra Kumar J S/o Jettappa, Aged about 40 years
22.
Smt.Rajini K,W/o Sridhara Adiga Aged about 39 years
23.
Smt.Sandhya S.N. W/o Krishna B.R.,Aged about 38 years
24. Sri
Shankar M S/o Mahadevaiah M.R, Aged about 38 years
25.
Smt.Shobha Rani B.S. W/o Manjunath L.M., Aged about 39 years
26. Smt.Sudharani K.C. W/o Indiresh Kumar C
Aged about 38 years
27. Smt.R.Susmitha W/o Kiran Kumar V.S.
Aged about 41 years. ...RESPONDENTS
(By Sri Ranganatha S.Jois, Advocate)
*****
These Writ Petitions are filed under
Article 226 and 227 of the Constitution of India praying to quash the order
dated 1.4.2013 passed by the Hon'ble Central Administrative Tribunal, Bangalore
Bench (Vide Annexure- A) and dismiss the O.A.No.339/2011 by allowing this Writ
Petition.
These Writ Petitions coming on for
hearing this day, K.L.Manjunath J., made the following:-
ORDER
Aggrieved by the direction issued by
the Central Administrative tribunal, Bangalore Bench in Original Application
No.339/2011 on 4th April, 2011, the present appeal is filed.
2. Heard the learned counsel
appearing for both the parties. The respondents are working on contract basis
against sanctioned post and they were selected through regular selection
process sponsored through employment exchange. Their services were not regularized.
Therefore, they approached the Central Administrative tribunal requesting the
tribunal to issue a direction to regularize their services. The tribunal considering
the Judgment of the Division Bench of this Court in writ petition no.17545/2011
and also the decision of a co-ordinate bench in O.A.278/2012 of the Calcutta Bench
which was followed by this Court in connected matter allowed the application
filed by the respondent directing the respondents-petitioners herein to take a decision
to regularise their services and till then the respondents were allowed to
continue the services. This order is called in question in these petitions.
2. It is brought to our notice that
the decision of the Calcutta Bench of the Central Administrative tribunal was
taken up before the Calcutta High court in writ petition CT No.488/2013 wherein
the High Court of Calcutta has confirmed the order of the Bench against which a
Special Leave Petition was filed before the Hon'ble Supreme Court of India by
the Union of India in Special Leave Petition No.7686/2014 which has been
dismissed by the Hon'ble Supreme Court of India on 2-4-2014.
3. In view of the dismissal of the
Special Leave Petition by the Hon'ble Supreme Court of India after the Judgment
has been rendered by the Central Administrative tribunal, Bangalore Bench, in
the present case is based on the decision of the Central Administrative
tribunal, Calcutta Bench, we have no other option but to dismiss these petitions.
Accordingly, these petitions are dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
rsk/-
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