Original Application No. 171/2009. Case: 1. Duppada Kondala Rao; 2. V. Anand Chowdary; 3. M. S. Kiran Vs 1. Union of India, Secretary, Ministry of Defence (Navy) , New Delhi; 2. Chief of Naval Staff (Principal Director of Civilian Personnel) , Naval Head Quarters, New Delhi; 3. Director of Logistics Support, Integrated Head Quarters of Ministry of Defence (Navy) , New Delhi; 4. Flag Officer Commanding-In-Chief, Eastern Naval Command, Visakhapatnam; 5. Project Director, Ship Building Centre, Visakhapatnam. Central Administrative Tribunal
| Case Number | Original Application No. 171/2009 |
| Counsel | P. B. Vijay Kumar, A. Rajendra Babu |
| Judges | Bharati Ray (Judicial Member) & R. Santhanam (Administrative Member) |
| Issue | Constitution of India, 1950 - Article 14 |
| Judgement Date | March 11, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
Bharati Ray (Judicial Member), (Hyderabad Bench)
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Heard Mr.Venkatarama Sarma representing Mr. P. B. Vijay Kumar, learned counsel for the applicant and Mr.A.Rajendra Babu, learned standing counsel for the respondents.
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It is the case of the applicants that they are similarly situated to the applicants in OA.755/200 and OA.420/2006 on the file of C.A.T. Earnakulam and Mumbai Bench respectively in regard to grant of ACP benefit from the date of initial appointment. The applicants therefore submitted a representation to the 4th respondent in September 2008. A copy of which is enclosed as Annexure '8 to the OA. In response to the representation the applicants have been communicated with the following order:
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Applications for grant of ACP from the date of initial appointment in respect of the following Store Keepers have been forwarded to Headquarters, Eastern Naval Command vide this office letter of even number dated 25 Sep 08. However, the same have been returned stating that 'it is not clear from the representation whether the 03 applicants who submitted the representations are applicants in any OAs or similarly situated".
Sl.No Name and Designation Department
S/Shri
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MS Kiran, SK MTC 81 II
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D Kondala Rao, SK MWH 82 I
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V Ananda Choudhary, SK -do- - 82 I
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In view of the above, it is requested that the above individuals be informed to submit the self explanatory representation instead of forwarding sketchy facts and addressed to the appropriate authority.
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The representation(s) received are returned herewith.
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Questioning the same the applicant has approached this Tribunal seeking for the following relief:-
To declare letter No.1265/1/ACP dt.23-10-2008 of the 5th respondent herein in returning the applications of the applicants seeking for extension of the financial upgradation under ACP scheme by taking into consideration of their casual service as per the orders dt.20-09-2002, 10-10-2006 and 20-11-2006 in OA.No.755 of 2000, 23 of 2005 and 420 of 2006 on the file of the Hon'ble CAT, Ernakulam and Mumbai respectively and also as per the instructions issued in this regard is illegal, arbitrary, bad in law, discriminatory, violative of Art. 14 of the Constitution Of India, 1950 and consequently direct the respondents to extend the benefit of financial upgradation under ACP Scheme, which came into force on 09-08-1999 by...
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