O.A. No. 321/2009 and M.A. No. 234/2009. Case: 1. Ashok Kumar S/o Khem Chand, 2. Bhagwam Sahu S/o Vasudev Sahu, 3. Raj Kumar S/o Dhanpal Singh, 4. Munni Lal S/o Ram Pyare, 5. Dinesh Chand S/o M. L. Gupta, 6. Jwala Prasad S/o Roshan Lal, 7. Ram Phal S/o Bhondu Ram, 8. Pyare Lal S/o Trikha Ram, 9. Rajender Singh S/o Bhagwan Singh, 10. Rampal Singh S/o Dungre Ram Vs 1. Union of India Through Secretary, Ministry of Information & Broadcasting, 2. Director General, All India Radio, 3. Executive Engineer (Electrical)-I. Central Administrative Tribunal
| Case Number | O.A. No. 321/2009 and M.A. No. 234/2009 |
| Counsel | B. S. Mainee, Manjusha Wadhwa |
| Judges | Shanker Raju (Judicial Member) |
| Issue | Administrative Tribunals (Procedure) Rules |
| Judgement Date | January 08, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
Dr. Veena Chhotray (Accountant Member), (Principal Bench, New Delhi)
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MA 234/2009 under Rule 5 (4) of Administrative Tribunals (Procedure) Rules for joining together in a single application is allowed.
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The ten applicants of this OA are working as Pump Operators/Wiremen under the Executive Engineer (Electrical)-I, Civil Construction Wing, All India Radio (Respondent No.3) under the Ministry of Information and Broadcasting. They are challenging the impugned order dated 24.10.2008 (Annexure-A1) by which their subsisting pay as on 1.1.2006 has been revised in the pay scale of Rs.3200-4900 instead of the earlier upgraded pay in the scale of Rs.4000-6000 and the replacement scale as per the sixth CPC reduced accordingly from the one issued as per the order dated 19.9.2008 (Annexure-3). Besides seeking quashing of the aforesaid impugned order, to the extent the pay scale of the applicants have been reduced, a direction for restoration of their pay as fixed vide the order dated 19.9.2008 and for refund of the amount already recovered have been sought. As per the prayer, any further recoveries till the disposal of the application have been restrained by interim direction of the Tribunal. The OA also prays for any other order or relief deemed fit in the circumstances.
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The applicants are from the work-charged Establishment under the CPWD and are governed by the provisions of the CPWD Manual. In course of the oral submissions, the learned counsel for the respondents would submit extracts of the relevant Recruitment Rules notified by the Ministry of Works & Housing in respect of the work charged Establishment of the Directorate of Horticulture, CPWD as per the Notification dated 29.12.1980. These Rules, inter alia, mention the recruitment details of the posts of 'Khalasi' (Electrical), 'Operator' (E&M) and 'Wiremen'. While the posts of 'Khalasi' are categorized as unskilled 'Group-D' posts; the posts of 'Operator' (E&M) and 'Wiremen' are Group 'C' posts. As per the Recruitment Rules, these latter posts are to be filled 25% by direct recruitment and 75% by promotion. The Rules also prescribe the stipulated conditions for both direct recruitment and promotion.
Of the ten applicants, all (except two 'serial nos. 3 and 5) were initially appointed as 'Khalasis' at different points of time during the period 1974 ' 1980. They were subsequently promoted as Assistant Pump Operator/Assistant Wireman which posts got merged with those of the Pump Operator and Wireman carrying the pay scale of Rs.3050-4590 (Vth CPC). The remaining two applicants, Shri Raj Kumar (applicant no.3) was appointed directly as an Assistant Pump Operator and Shri Dinesh Chand (applicant no.5) as Assistant Wireman respectively in the years 1986 and 1976. All the applicants were given financial upgradation under the ACP Scheme in the pay scale of Rs.4000-6000 on completion of 12 years/24 years of service. Except Shri Raj Kumar (applicant no.3) in the cases of all the rest, the financial upgradation was by way of second ACP. The relevant orders dated 21.8.2003, 8.8.2003 and 4.10.2004 (Annexure A-2) relating to a long list of employees who were conferred such financial upgradation also contain the names of the applicants before us. On the implementation of the 6th CPC recommendations the revised pay scales were fixed in the corresponding pay bands and pay fixed accordingly vide order dated 19.9.2008 (Annexure A-3). Soon thereafter, however, the respondents issued the order dated 24.10.2008 (Annexure-1) showing the subsisting pay scales as on 1.1.2006 instead of the pay scale of...
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