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Judgment
V. Ajay Kumar, J
MA No.1746/2012
For the reasons stated therein, the MA for joining together in a single application is allowed.
OA No.2131/2012
Defence Civilian Karmachari Union represented by its President along with one of the affected party, who eventually is the President of the Union, jointly filed the instant OA, seeking the following reliefs:-
"(a) A direction for providing Pay Grade/Pay Scale as per the Sixth Pay Commission Recommendation.
(b) Directions to the respondent for providing the amount of arrears which have not been provided by the respondent as per the recommendation of the 6th Pay Commission.
( c) The facilities of MACPs may kindly be directed to the respondent for providing the same.
(d) Any other relief and order which this Hon'ble Tribunal deems fit and proper may kindly be passed in favour of the applicant/petitioner and against the respondent, in the interest of justice".
It is the admitted case of the applicants that the respondents have granted the appropriate pay scales with corresponding Grade Pay as per the orders issued from time to time, in pursuance of the implementation of the 6th Pay Commission. However, they filed the instant OA stating that if the respondents implemented the recommendations of the 6th Pay Commission in respect of them, as it is, they would get higher Grade Pay, than what they were granted. To put in short, it is submitted that the applicants were granted the Grade Pay of Rs.1900/- while fixing their pay vide Annexure P-6 Order dated 19.07.2010, whereas they were entitled for fixing of their Grade Pay at Rs.2000/- from the due date, as per the recommendations of the 6th CPC.
The respondents, vide their counter stated that after the 6th CPC recommendations, after consulting all the recognized Unions, the respondents have implemented the 6th CPC recommendations and that no other Union or employee complained that there is any anomaly or irregularity occurred in implementing the 6th CPC recommendations.
Heard Shri Deepak Deewan, learned counsel for the applicant and Shri S.M. Zulfiqar Alam with Ms. Ranny, learned counsel for the respondents and perused the pleadings on record.
The applicants miserably failed to show any valid ground in what respect the respondents have failed to implement the 6th CPC recommendations. On the other hand, it is their specific case that the respondents have granted the appropriate pay scales and Grade Pay in terms of all the applicable orders, that too, with effect from the appropriate dates. Granting of any higher Grade Pay in respect of any other organisation cannot form basis, for granting the same Grade Pay to the applicants also, as the conditions of service of employees of each organisation and the recommendations of the 6th CPC thereto, are different and distinct.
The reliance placed by the learned counsel for the applicants on a Coordinate Bench decision of the Principal Bench of this Tribunal in OA No.101/2015 dated 11.09.2015 in Vikas Bhutani and 2 Others Vs. Union of India and Others is also unsustainable in view of another Coordinate Bench judgment of Jodhpur Bench of this Tribunal in OA No.436/Jodhpur/2016 dated 25.01.2017 in Narendera Nath Vyas and Others Vs. Union of India and Others wherein, Vikas Bhutani (supra) and various other decisions on the subject were considered and distinguished.
In the circumstances, the OA is dismissed, being devoid of any merit. No costs.