O.A.No.060/00778/2016. Case: 1. Anil Kumar 2. Ranjit Singh Vs 1. Union of India 2. The Director, Hospitality, Chandigarh Administration. Central Administrative Tribunal
| Case Number | O.A.No.060/00778/2016 |
| Counsel | For Appellant: Mr. R.K. Sharma, counsel and For Respondents: Mr. Arvind Moudgil, counsel |
| Judges | Mrs. Rajwant Sandhu, Member (A) |
| Issue | Administrative Tribunals Act, 1985 - Section 19 |
| Judgement Date | November 19, 2016 |
| Court | Central Administrative Tribunal |
Order:
Mrs. Rajwant Sandhu, Member(A), (Chandigarh Bench)
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This O.A. has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
(a) Issue direction to respondent no. 2 for revising the payment of minimum of pay scale from Rs.1300/- to Rs.1650/- plus D.A. w.e.f. 01.12.2011 as per the Chandigarh Administration, Finance Department (Accounts Branch) Circular No. 7000/1/2/09-F&PO(7)1496, Dated 14.02.2012 (Annexure A-4) adopting circular of Govt. of Punjab, Department of Finance (Finance Personnel Branch) No. 5/10/09-5FPI/1023, Dated 15.12.2011 alongwith consequential benefits.
(b) Issue a direction to the respondents to consider the case of the applicants who completed 18 years of service with the respondents for the regularization of their services under the policy/scheme regarding regularization of daily wage/work charged employees working in various department of Chandigarh Administration issued vide Circular No. 28/64/2013-IH(7)-2013/2645, Dated 10.02.2014 (Annexure A-5).
It is stated in the O.A. that the applicants are similarly situated and common question of facts and law are involved in respect of both the applicants and as such they want to file a joint O.A.
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It is further stated that applicant No. 1 was appointed on daily wage basis as Utility Worker in the U.T. State Guest House, Chandigarh on 18.12.1998 (Annexure A-1) on minimum of pay scale plus D.A. and since then he is getting the same pay till date. Similarly, applicant No. 2 was appointed as Sweeper on contract basis on 11.03.1998 (Annexure A-2). The applicants were appointed as Group-D employees under Respondent No. 2 department U.T. Guest House. Applicant No. 2 was appointed through employment exchange at the rates approved by the Deputy Commissioner, Chandigarh. Even though they were termed as Contract employees, they have been working as daily wagers since the initial date of their appointment and receive payment at DC rate i.e. Minimum Wages.
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Applicant no. 2 along with one Sh. Chanderpal, who was working as Sweeper in the U.T. Guest House, approached the Central Administrative Tribunal, Chandigarh by way of O.A. No. 608/CH/2007 for a direction for payment of minimum of the scale of pay plus D.A. as revised from time to time at par with the similarly situated persons w.e.f. the initial date of appointment of the applicants who are working as daily wage workers in terms of the policy decision taken by...
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