O. A. Nos. 150/2008 and 151/2008. Case: 1. K. M. Narendran, Programme Executive, All India Radio, Manjeri; 2. D. Pradeep Kumar, Programme Executive, All India Radio, Calicut Vs 1. Director General, All India Radio, New Delhi; 2. Station Director, All India Radio, Calicut. Central Administrative Tribunal
| Case Number | O. A. Nos. 150/2008 and 151/2008 |
| Counsel | P. K. Ibrahim, T. P. M. Ibrahim Khan |
| Judges | Dr. K. B. S. Rajan (Judicial Member) & K. Noorjehan (Administrative Member) |
| Issue | Right to Information Act, 2005 |
| Judgement Date | July 24, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
K. Noorjehan (Administrative Member), (Ernakulam Bench)
As similar facts and common question of law are involved in these two OAs, they were heard together and are being disposed of by this common order.
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The applicants challenge the rejection of their representations for stepping up of their pay at par with their juniors.
O. A. No. 150/08
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The applicant in OA No. 150/08 is working as Programme Executive in the All India Radio w.e.f. 26.9.1988 having been recruited directly through UPSC. As there was anomaly in the revision of pay scale consequent on the implementation of the Recommendations of the Vth Pay Commission, he submitted representation to cure the anomaly in the fixation of his pay vis-a-vis Junior Programme Executive Smt. Jhansi K.V. Kumari. The 1st respondent stepped up his pay at par with one D.P. Banerji who is junior to the applicant (Annexure A-2). Applicant submitted representation for fixation of pay at par with Smt. Jhansi K.V. Kumari (Annexure A-3) as no action has been taken by the respondents, the applicant sent reminder by Annexure A-5, which was also not responded to. Hence he filed O.A. 436/07, which was disposed of by Annexure A-6 order dated 03.7.2007 with a direction to the 1st respondent to dispose of Annexure A-3 and A-5 representations. Pursuant to the direction of the Tribunal the first respondent issued Annexure A-7 order dated 13.12.2007 rejecting the representations. Hence this Application to quash Annexure A-7 order and for a declaration that the applicant is entitled to get his pay anomaly cured with reference to his juniors Smt. Jhansi K.V. Kumari, Mr. S. Ramanuja Charyulu and K.F.J. Vidyalankar and to fix the basic pay of the applicant at Rs. 9250/-as on 1.1.1996, and pay arrears with 15% interest.
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The main grounds raised by the applicant are (i) consequent on the implementation of the Vth Pay Commission, the pay of the applicant was fixed at Rs. 7500/- and the pay of Smt. Jhansi K.V. Kumari who is junior to the applicant was fixed at Rs. 7100/- However, on upgradation of the pay, the pay of Smt. Jhansi K.V. Kumari was fixed at Rs. 9250/- w.e.f. 01.01.96 vide order dated 25.2.1999 but the pay of the applicant was fixed at Rs. 9000/- as on 01.01.96; (ii)The second ground is that the pay of Smt. lndira who was junior to the applicant was also stepped up on par with Smt. Jhansi K.V. Kumari to Rs. 9250/-; and (iii)The request of the applicant to step up his pay on par with his junior Smt. Jhansi K.V. Kumari was not considered.
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The respondents have opposed the O.A. by filing reply statement. They submitted that the Smt. Jhansi K.V. Kumari had been drawing more pay than the applicant by virtue of her...
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