OA No. 2585/2009. Case: 1. Arjun Dev S/o Lal Chand, 2. Bhagat Singh S/o Late Bishan Singh, 3. Ram Bilas S/o Inder Dev, 4. Ganesh Bhadur S/o Baldev Singh, 5. Heera Lal S/o Ganga Ram, 6. Chunnilal S/o Sumer Singh, 7. Jaswinder Singh S/o Late Ram Singh, 8. Nirmal S/o Malook Ram, 9. Ram Prakash S/o Late Indrajeet Vs 1. Union of India, Through Secretary, Ministry of Defence, 2. Engineer-in-Chief Branch, (EIC-3), New Delhi, 3. Chief Engineer, Headquarter Western Command, Chandigarh, 4. Chief Engineer, Air Force, Delhi Cantt., 5. Chief Engineer (Army) Chandigarh Zone, Chandigarh. Central Administrative Tribunal

Case NumberOA No. 2585/2009
CounselT. D. Yadav, Rajiv Manglik, R. P. Aggarwal
JudgesDr. Ramesh Chandra Panda (Accountant Member) & Dr. Dharam Paul Sharma (Judicial Member), JJ.
IssueAdministrative Tribunals Act, 1985 - Section 19
Judgement DateApril 29, 2010
CourtCentral Administrative Tribunal

Judgment:

Dr. Ramesh Chandra Panda (Accountant Member), (Principal Bench New Delhi)

  1. By this OA, 9 Applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 with the following prayers:-

    (i) to direct the respondent No.2 to grant the same benefits to applicants as respondents have already granted in OA No.2697/03 (Raj Kishore V/s UOI & Ors.) vide implementation dt. 9.12.2004 & OA No.1018/03 dt. 5.1.2004 (Man Singh V/s UOI and order dt. 17.3.2008 in OA No.1832/07 (Bansi Lal V/S UOI) in pursuance of order dt. 15.9.2000 in OA No.804/98 and granted skilled grade of Rs.950-1500 from the date of initial appointment with all the consequential benefits like difference of pay scale (arrears) as per IV and V Pay Commission w.e.f. 1.1.1986 and 1.1.1996.

    to pass any other orders as may be deemed fit and proper in the facts and circumstances of the case.

    Award costs.

  2. Brief facts of the case would reveal that all 9 Applicants were appointed as Cane-weaver between 1979 and 1994 with the Respondents. It is the case of the Applicants that the Respondents implemented the orders of this Tribunal passed in OA No. 2697/2003, OA No. 1018/2003, OA No. 1832/2007, OA No. 804/1998 by which the pay scale of the skilled grade along with consequential benefits were granted with effect from the date of respective officials initial date of appointment. The Applicants, in their representation dated 11.7.2008 (Annexure A) prayed to the Respondent No.2 that they were similarly placed Canemen and the same benefit of skilled grade should be extended right from the date of their initial appointment. As the Respondents have not taken action on the said representation, the Applicants have approached this Tribunal in the current OA.

  3. The main contention raised by Shri T. D. Yadav, learned Counsel for the Applicant, is that the Respondents have extended the benefit of the judgment passed by the Constitution Bench of the Hon'ble Supreme Court in K. C. Sharma and Others Versus Union of India & Others [1998 (1) SLJ SC 54] and the Applicants have a right to get the benefits which have also been extended by the orders of this Tribunal in many OAs and upheld by the judgment of Hon'ble High Court. In those judgments the Respondents are implementing the pay scale meant for the skilled grade i.e Rs.950 - Rs.1500 from the date of initial appointment of the Applicants/Petitioners in the concerned cases. In the present case, the...

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