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Tribunals and CommissionsDivision Bench(2021) 03 CAT CK 0059

Joint Action Council Of Service Doctors Organization & Others vs Union Of India

Central Administrative Tribunal · Decided on 12 March 2021

HON’BLE JUDGES
L. Narasimha Reddy, J · Mohd. Jamshed, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 410 Of 2021, Miscellaneous Application No. 514 Of 2021

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Judgment

8 paragraphs · 339 words

L. Narasimha Reddy, J

1.

The first applicant is the Joint Action Council of Service Doctors Organization. They filed this OA challenging the OM dated 09.04.2019 through which the Doctors in the Central Health Service (CHS) were extended conveyance allowance at a particular rate.

2.

The applicants contend that for the past several decades, the conveyance allowance of the Doctors in the CHS were totally different and higher compared to those of other Central Government employees and inadvertently, the 7th Central Pay Commission (CPC) applied the same yardstick to the doctors as well as other employees of the Central Government. The impugned order is said to be the result of such a patent mistake. They also raised several grounds.

3.

Today we heard Sh. Soayib Qureshi, learned counsel for the applicants and Sh. Manish Kumar, learned counsel for the respondents.

4.

The pay structure is a very complex issue. Several factors go into it. Though sometimes it may appear after revision, that particular component has been reduced, it would be adjusted elsewhere. It is only when the entire recommendations are examined as a whole, that the clear picture would emerge. The impugned order was issued on the basis of the recommendations of the 7th CPC. Even according to the applicants, inadvertent mistake has crept into the very recommendations of the 7th CPC. If that is so, the matter needs to be addressed either by the Redressal Committee or by the Government, as and when it is brought to their notice. The applicants did not submit any comprehensive representation to Anomalies Redressal Committee.

5.

Therefore, we dispose of the OA leaving it open to the applicants to file a representation before the Anomalies Redressal Committee, if it is in existence, or to the respondents, within four weeks from today. If such a representation is made, the competent authority shall pass orders thereon within a period of three months from the date of receipt of such representation.

Pending MA also stands disposed of.

There shall be no order as to costs.