OA No. 2981/2010, MA No. 2318/2010. Case: 1. Ashok Kumar Gupta S/o P. P. Gupta, 2. G. S. Rawat S/o Late D. S. Rawat Vs 1. Union of India, Through Secretary, Ministry of Defence, South Block, New Delhi, 2. Principal Director, Directorate of Personnel Civilians, M/o Defence, Air Headquarters. Central Administrative Tribunal

Case NumberOA No. 2981/2010, MA No. 2318/2010
JudgesGeorge Paracken (Judicial Member) & Dr. Ramesh Chandra Panda (Accountant Member)
IssueService Law
Judgement DateJuly 05, 2011
CourtCentral Administrative Tribunal

Judgment:

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

  1. Two Applicants have joined together in the present OA. The Applicant No.1 joined as Tracer on 24.12.1976 and by virtue of his promotion to the posts D'man Gr.II lateron-I and has reached the post of Store Keeper on 5.3.1993. On promotion to the post of Stores Superintendent in 1997, he is working in the said post. The Applicant No.2 who joined Group 'D' post on 3.9.1968, on promotion to the post of LDC, then Stenographer Gr.II which was converted as Store Keeper, has reached the post of Stores Superintendent on 09.04.1996. Both of them, have been working in the post of Stores Superintendent. They have been aggrieved in so far as their Grade Pay is concerned by the inaction of the Respondents to implement the 6th CPC in both letter and spirit. It is the case of the Applicants that as per the recommendation of the 6th CPC, 3 pre-revised pay scales viz. Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 are to be merged in the Pay Band-2 whereas the Respondents have merged 2 pre-revised pay scales of Rs.5000-8000 and Rs.5500-9000 in the Pay Band-2 with Grade Pay of Rs.4200 whereas the pre revised pay scale of Rs.6500-10500 has been merged with pre revised pay scale of Rs.7450-11500 with the Grade Pay of Rs.4600. It is the case of the Applicant that by not merging all the 3 pre revised pay scales, they have been deprived of the grant of Grade Pay of Rs.4600. Accordingly, both of them have approached this Tribunal in the present OA with the following relief(s):-

    (i) Set aside the impugned orders dt. 28/6/10 and 02/07/10.

    (ii) Direct the respondents to merge the post of Sr. Stores Supdt/Stores Supdt. with the post/scale of Rs.6500-10500 (pre-revised) in terms of the recommendations of VIth CPC and CCS Revised Pay Rules, 2008.

    Direct the respondents to give the applicant all consequential benefits following from grant of relief (i) & (ii).

    Award costs and

    Pass any other order/direction as may be deemed just & proper in the facts and circumstances of the case.

  2. We have heard Shri S. S. Tiwari, learned Counsel for the Applicant and Shri Satish Kumar, learned Counsel appearing on behalf of the Respondents.

  3. Shri Tiwari, learned Counsel for the Applicant would submit that CCS (Revised) Pay Rules, 2008 being statutory and binding in nature, the Respondents are duty bound to follow and implement the same at the earliest, whereas the action initiated by the Respondents did not complete the merger of posts of Store Superintendent and Senior Store Superintendents and the merger of the pay scale of Rs.6500-10500 (pre-revised) with the other two pay...

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