OA No.063/00087/2014. Case: 1. Himachal Pradesh Divisional Accounts Officers 2. Deepak Sharma 3. Deepak Anand 4. Shri Vikram Jit 5. Shri Jyoti Lal Vs 1. Union of India 2. Comptroller & Audit General of India 3. Accountant General 4. State of Himachal Pradesh through Principal Secretary 5. Additional Director, Treasury, Accounts & Lotteries. Central Administrative Tribunal
| Case Number | OA No.063/00087/2014 |
| Counsel | For Appellant: Sh. K.D. Sharma, Sr. Advocate alongwith Ms. Shreya Chauhan, Advs. and For Respondents: Sh. Barjesh Mittal, counsel and Sh.Pankaj Negi, DAG, counsel |
| Judges | Mr. Sanjeev Kaushik, Member (J) and Mr. Uday Kumar Varma, Member (A) |
| Issue | Administrartive Law |
| Judgement Date | December 22, 2016 |
| Court | Central Administrative Tribunal |
Order:
Mr. Sanjeev Kaushik, Member (J), (Chandigarh Bench)
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Himachal Pradesh Divisional Accounts Officers / Divisional Accountants Association and four others individual have filed the present Original Application impugning the decision taken by respondent no.4 on 28.04.2014, where they have decided that the Senior Divisional Accounts Officers/ Divisional Accounts Officers/ Divisional Accountants working in Public Works Department / Irrigation and Public Health Department in the State of Himachal Pradesh will draw the pay scale of Central Government, but the allowances will be paid as per the rates fixed by the State Government for its employees holding a post with the same nomenclature. They also sought quashing of memo dated 05.05.2014 (Annexure A-2) vide which the Additional Director, Treasury, Accounts & Lotteries, Government of Himachal Pradesh has directed all the District Treasury Officers/Treasury Officers to pay Senior Divisional Accounts Officers / Divisional Accounts Officers / Divisional Accountants Allowances as per rates fixed by the State Government for its employees. They have further sought issuance of a direction to respondents no.3 & 4 (State of Himachal Pradesh) to pay them allowances on the Central Government pattern instead of implementing above two communications.
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The facts which led to filing of the present Original Application are that the applicants were initially appointed as Divisional Accountants on different dates. They were, thereafter, promoted as Divisional Accounts Officers / Senior Divisional Accounts Officers. The recruitment to the post of Divisional Accounts Officers is regulated by the Indian Audit & Accounts Department (Divisional Accountants Recruitment & Promotion) Rules, 1988. The applicants have been drawing their salaries and allowances in accordance with the Central Government pay pattern since their initial appointment and no objection whatsoever was raised by the authorities of the State Government qua payment of their salary and allowances. After the recommendations of 6th Central Pay Commission, the office of the Accountant General (A&E), Himachal Pradesh conveyed its decision to the Director, Treasury, Accounts & Lotteries, Himachal Pradesh i.e. respondent no.5 that the Divisional Accountants / Divisional Accounts Officers / Senior Divisional Accounts Officers working in various Divisions of Himachal Pradesh under various departments are entitled to the revised pay scales w.e.f. 01.01.2006 as available as per the Central Government pay pattern. This decision was also communicated to the concerned quarter by...
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