O.A. No. 700/2010, O.A. No. 3610/2009. Case: 1. Balachandran N., Senior Technical Assistant 'C', Aeronautical Development Establishment Thippasandra (ADET), Bangalore, 2. Padmanabhan G., Senior Technical Assistant 'C', ADET, Bangalore, 3. Ravindra N. S., Senior Technical Assistant 'B', ADET, Bangalore, 4. Nagaraja H. S., Senior Technical Assistant 'B', ADET, Bangalore, 5. Nagesh D., Senior Technical Assistant 'B' ADET, Bangalore, 6. Venkatramanappa T., Senior Technical Assistant 'B', ADET, Bangalore, 7. Ramakrishna G., Senior Technical Assistant 'C', Electronic and Radar Development Establishment (ERDE), Bangalore, 8. Shashi Kumar V., Senior Technical Assistant 'C', ERDE, Bangalore, 9. Srinivasa NR, Senior Technical Assistant 'C', ERDE, Bangalore, 10. Palanivelu S., Senior Technical Assistant 'C', ERDE, Bangalore, 11. Prem Chandran A., Senior Technical Assistant 'C', ERDE, Bangalore, 12. Palanivelu K., Senior Technical Assistant 'C', ERDE, Bangalore, 13. John Louis, Senior Technical Assistant 'C', ERDE, Bangalore, 14. Jessy Wilson J. R., Senior .... Central Administrative Tribunal
| Case Number | O.A. No. 700/2010, O.A. No. 3610/2009 |
| Counsel | N. M. Verghes, A. K. Bhardwaj |
| Judges | Shailendra Pandey (Accountant Member) & Dr. Dharam Paul Sharma (Judicial Member), JJ. |
| Issue | Constitution of India, 1950; Code of Civil Procedure, 1908 |
| Judgement Date | July 19, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
Shailendra Pandey (Accountant Member), (Principal Bench New Delhi)
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As the facts and circumstances and the relief prayed for in these two OAs are similar, they are being disposed of by this common order.
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For the sake of convenience, the facts from OA No.700/2010 (OA No.370/2009 filed at Bangalore Bench) have been taken.
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The applicants in this OA have challenged the Circular No.DHRD/16342/VI CPC/DRTC/C/M/01 dated 08.06.2009 (Page 93) issued by Respondent No.2, whereby they have declared that the contents of para 2 (i) and (j) of the earlier clarifications issued on promotion with reference to merger of pay scales vide HQs letter dated 13.05.2009 are no more valid and are to be deleted.
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The applicants in OA No.700/2010 are working as Senior Technical Assistants (STA) in the office of Respondents No.3, 4 and 5 under the Defence Research and Development Organization (DRDO) of Ministry of Defence and are governed by the service rules applicable to Central Government employees. Their grievance is that the respondents have failed to implement the recommendations of the 6th Pay Commission in their case although the same have been approved through a Gazette notification. It is their claim that as per the 6th Pay Commission's recommendations the post of STA 'C' is to be merged with that of Technical Officer 'A' and these two categories are to be placed in PB-2 grade with identical scales of pay. According to them, the Government of India had accepted these recommendations and had issued orders for implementation of these recommendations in Ministry of Defence Notification No.11(1)/2008/D(Civ-1) dated 9.9.2008 in which it was directed that the scale of pay of the STA 'C' would stand upgraded to the scale of Rs.7450-11500. However, though the respondents have revised the scale to Rs.7450-11500 with grade pay of Rs.4600, they have not issued orders merging the two posts. On the other hand, the respondents have issued order No.DHRD/16342/6th CPC/DRTC/C/P/05(iv)1633/D(R & C)/2009 dated 8.06.2009 in terms of which the grade pay of TO 'A' alone has been raised to Rs.4800 and have treated the post of TO 'A' as a promotional post for STA 'C'. Aggrieved by this order, the applicants have filed this OA seeking the following reliefs:
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To pass appropriate orders for an unconditional merger of STA 'C' with Technical Officer 'A' in accordance with the recommendations made in the 6th CPC and the subsequent Gazette Notification, cancel the Assessment Board for the promotion of STA 'C' to TO 'A' thereby protecting Seniority Promotion of the Applicants/Employees promoted to STA 'B' from STA 'A' after 01.01.2006, who have put in extra 5 to 7 years of service, in preference to the employees who are direct recruitees to the post of STA 'B' by withdrawing the newly introduced Grade Pay of Rs.4800/-.
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It is also stated by the applicants that they had made several representations dated 2.03.2009, 04.06.2009 and 22.06.2009 to the respondents, but as there was no response from the respondents, they have approached this Tribunal by filing...
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