Original Application No. 477 of 2011. Case: 1. Alok Kumar Patel, 2. Satya Sawroop, 3. Narayan Dayal Tiwari Vs 1. Union of India, 2. The Secretary, Ordnance Factory Board, 3. The CGDA, 4. The General Manager, Gun Carriage Factory, 5. The General Manager, Ordnance Factory, 6. The PC of A (Fys.) Pay ‘O’ Section, 7. Under Secretary, Government of India. Central Administrative Tribunal

Case Number:Original Application No. 477 of 2011
Party Name:1. Alok Kumar Patel, 2. Satya Sawroop, 3. Narayan Dayal Tiwari Vs 1. Union of India, 2. The Secretary, Ordnance Factory Board, 3. The CGDA, 4. The General Manager, Gun Carriage Factory, 5. The General Manager, Ordnance Factory, 6. The PC of A (Fys.) Pay ‘O’ Section, 7. Under Secretary, Government of India
Counsel:For Appellant: Advocate Shri Vijay Tripathi and For Respondent: Advocate Shri Manish Chourasia
Judges:Dhirendra Mishra, Judicial Member and G P Singhal, Administrative Member
Issue:Right to Information Act, 2005; Central Civil Services (Revised Pay) Rules, 2008 - Rule 5
Judgement Date:September 04, 2013
Court:Central Administrative Tribunal
 
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Order:

G.P.Singhal, Administrative Member, (Jablapur Bench)

  1. The applicants in this Original Application have prayed for the following reliefs:-

    "8(i). Summon the entire relevant record from the respondents for its kind perusal;

    (ii) Set aside the order dated 29.03.2011 (Annexure A/1); and consequently command the respondents to fix applicants pay as per the provisions of FR22(1)(a)(1) and allow the applicant to opt pay commission from 23rd July 2007 i.e. from the date of assuming higher responsibility of JWM in the basic pay of Rs.7450/-. Thus, the applicant''s pay may be fixed as per the recommendation of VIth Pay Commission by applying the formula of multiplying 1.86 x 7450 with all consequential benefits.

    (iii) The applicants upon re-fixation of their basic may be given the entire arrears of difference of salary along with interest.

    (iv) Any other order/direction may also be passed.

    (v) Award cost of the litigation to the applicant."

  2. The applicants submitted that they were working on the post of Chargeman Grade I with the respondents. They appeared in selection to the post of Junior Works Manager (for brevity "JWM") Group ''B'' Gazetted post, carrying the pay scale of Rs.7450-11500/-, advertised by Union Public Service Commission (for brevity "UPSC") and on their selection, joined the respondent organisation on the post, after submitting technical resignations on 19.07.2007/20.07.2007 (Annexure A/3).

  3. The grievance of the applicants is that, on the post of JWM, their pay has been fixed at Rs.12540/- with Grade Pay of Rs.4600/-on 23.07.2007, i.e. from the date of joining on the post, by treating them as fresh appointee on recruitment by UPSC, while they should have been treated as promoted officers and their pay should have been fixed accordingly, treating them as the officers promoted to the 6th Central Pay Commission (for short "CPC") pay scale corresponding to the 5th CPC pay scale of Rs.7450-11500/-. The applicants submitted that on treating their resignation from earlier post as technical resignation, they have already been granted the benefit of past services rendered by them with the department, by ordering for counting of this period as qualifying service for the purpose of pensionary benefits as per the Central Civil Services (Pension) Rules, 1972. On an application filed by the applicant No.2, under Right to Information Act, 2005 (for brevity "RTI"), it has been informed vide letter dated 22.12.2009 (Annexure A/9) by the Central Public Information Officer & Under Secretary (Estt.) of Department of Personnel and Training (for brevity "DOPT"), that "When a person technically resigns from a post and joins...

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