R.A. No. 53/2012, M.A. No. 460 and 461/2012 in O.A. No. 1778/2006. Case: M.R. Satyarthy Vs Union of India. Central Administrative Tribunal

Case NumberR.A. No. 53/2012, M.A. No. 460 and 461/2012 in O.A. No. 1778/2006
CounselFor Appellant: Tamali Wad and For Respondents: Ashish Nischal
JudgesSyed Rafat Alam, J. (Chairman), V. Ajay Kumar, Member (J) and Dr. Birendra Kumar Sinha, Member (A)
IssueConstitution of India - Article 14
Judgement DateJuly 10, 2014
CourtCentral Administrative Tribunal

Order:

V. Ajay Kumar, Member (J)

M.A.No.460/2012 and M.A.No.461/2012:

MA 460/2012 and 461/2012, filed for condonation of delay in re-filing of the RA, and the delay in filing the RA, are allowed, for the reasons mentioned therein and in the interest of justice.

R.A.No.53/2012:

  1. The review applicant filed OA No.1778/2006 seeking the following relief(s):

    1. to direct the respondents to re-fix the new EDP pay scales of D P A Grade B (Rs. 2000-3200) in respect of Applicant with effect from 1.1.86 or from the date of his Appointment on the post of Statistical Assistant whichever is later with all consequential monetary benefits in terms of the judgment of the Hon'ble High Court of Delhi dated 10.1.2002 in Civil Writ Petition No. 1212/99 titled Mr. B N Sharma & Ors Versus U O I & Ors and judgement of this Tribunal dated 18.12.2003 in O A No. 553/2003 titled R K Sharma & Ors versus U O I & Ors keeping in consonance with the principle of equal treatment as enshrined in Article 14 of the Constitution of India.

  2. It is the case of the applicant that he was initially appointed as Statistical Assistant in the pay scale of Rs. 1400-2300 on 05.02.1987. The said post has been re-designated as Data Processing Assistant Grade-B with effect from 11.09.1989 as per Office Order dated 06.12.1994. On his promotion, the applicant is now working as Programmer.

  3. When the respondents granted the revised EDP Scales w.e.f. 01.01.1986 to some of the juniors of the applicant, in view of the orders of various Courts, and his similar request was rejected by the respondents, on the ground that the orders in the said cases were applicable to the applicants/petitioners therein only, he filed OA No. 1778/2006.

  4. The said OA filed by the applicant was heard and dismissed along with three other OAs, namely, OA Nos. 1953/2005, 2230/2006 and 2231/2006, by a common order dated 06.10.2010. Since in the other three OAs the applicants were granted the revised EDP Scales from 11.09.1989 instead of 01.01.1986, and that the review applicant was not granted the said scales at all, i.e., even w.e.f. 11.09.1989, and as this Tribunal by its common Order dated 06.10.2010 wrongly disposed of his OA also, as if he was granted the revised EDP Scales w.e.f. 11.09.1989, he preferred the present RA.

  5. While the said RA is pending on the file of this Tribunal, similar issue in another common order of this Tribunal in OA No.365/2007 with OA 485/2007 came up for consideration before the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT