OA-2507/2009, MA-1696/2009. Case: 1. Dhanpat Singh S/o Deep Chand, 2. Lekh Raj S/o Bulaki Ram, 3. Dasrath Prasad S/o Bhuvenshra Ram, 4. Malkiat Singh S/o Niranjan Singh, 5. Kundan Lal S/o Naurang Mal Vs 1. Union of India, Through General Manager, Northern Railway, 2. Divisional Railway Manager, Northern Railway, 3. Divisional Personnel Officer, Northern Railway. Central Administrative Tribunal
| Case Number | OA-2507/2009, MA-1696/2009 |
| Counsel | Yogesh Sharma, Satpat Singh |
| Judges | N. D. Dayal (Accountant Member) & Dr. K. B. Suresh (Judicial Member) |
| Issue | Code of Civil Procedure, 1908 |
| Judgement Date | July 06, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
N. D. Dayal (Accountant Member), (Principal Bench New Delhi)
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The applicants in this OA are working as Store Khallasi and Fuel Khallasi in the Delhi Division of Northern Railway. It is submitted that they were appointed in 1971-1973 and have received no promotion. They have completed more than 24 years of service and become eligible to the benefit of ACP Scheme on completion of 12 and 24 years of service. It is complained that the respondents wrongly treated the reclassification in the year 1982 by which 30% of the posts of Khallasi were put in the higher pay scale as a promotion, and granted only one financial upgradation in the pay scale of Rs. 2650-4000 from the pay scale of Rs. 2610-3540. It is stated that the next higher post in the hierarchy is in the grade of Rs. 3050-4590/- and therefore they are entitled for first financial upgradation in that scale and second upgradation in the pay scale of Rs. 4500-7000/-.
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The applicants state that they had approached the Tribunal earlier in OA-3008/2004 to seek upgradation in the pay scale to Rs. 3050-4590/- which according to the applicants was allowed with the following observations:-
9. Having regard to the facts and circumstances of the case as also discussion made above, OA is allowed, directing the respondents to replace the scale of Rs.2650-4000 allocated to the applicants in pursuance of ACP Scheme by the scale of Rs. 3050-4590 w.e.f. 1.10.99 with all consequential benefits including arrears of pay and allowances. No costs.
No copy of this order of the Tribunal has been enclosed by the applicants. It is stated that the judgment was implemented by order dated 22.05.2006 granting the first financial upgradation in the pay scale of Rs. 3050-4590 from 01.10.1999. A copy of said order placed at Annexure A/2 does not make any mention that this pay scale was being granted as first financial upgradation.
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The applicants further bring to notice that they again filed OA-582/2008 before the Tribunal which was disposed of by directing the respondents to treat the OA as a representation regarding the claim of second ACP and pass a speaking order. However, by the impugned order dated 10.11.2008 their prayer has been rejected. The applicants are aggrieved that the respondents have treated the applicants as having received two promotions from pay scale of Rs. 2550-3200/- to Rs. 2610-3540 and again to the pay scale of Rs. 3050-4590/-, the latter being pay scale of Lab Assistant. They...
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