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Tribunals and CommissionsDivision Bench(2019) 03 CAT CK 0074

Krishan Pal Sharma vs Govt. Of NCT Of Delhi Through The Chief Secretary And Other

Central Administrative Tribunal · Decided on 8 March 2019

HON’BLE JUDGES
V. Ajay Kumar, J · Pradeep Kumar, J
RESULT
Disposed Off
CASE NUMBER
Original Application No. 791 Of 2019

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Judgment

12 paragraphs · 402 words

V. Ajay Kumar, J

1.

M.A. No. 885/2019 filed for joining together is allowed.

2.

Heard learned counsel for the applicants. Office objections are over ruled.

3.

Learned counsel for the applicant seeks permission of this Tribunal that the Secretary, Ministry of Finance, Union of India, was not made a party and he may be permitted to add him as respondent No. 6. He is permitted to do so, as no notices were issued in the O.A. till date.

4.

The applicants, who are presently working as Lab. Assistants, under the Secretary, Govt. of NCTD, filed this O.A. seeking the following relief(s):-

(i) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to finalize the case of the applicants to resolve the anomaly in the pay of Laboratory Assistant of Directorate of Education, GNCT of Delhi on grant of 2nd financial up-gradation under MACP Scheme within the specified time.

(ii) That the Hon'ble Tribunal may further graciously be pleased to pass an order directing the respondents to grant the 2nd financial up-gradation to the applicants under MACP Scheme on completion of 20 years of service in PB-I + GP 2800/- as per circular dated 22.10.2009 with all consequential benefits from due date with arrears of difference of pay and allowances or alternatively atleast grant the grade pay of Rs.2800/- (PB-1) from the date of their promotion to the post of Lab Assistant with all consequential benefits including the arrears of difference of pay and allowances.

(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.

5.

It is submitted that in pursuance of the representation made by the 1st applicant, their employer, i.e. GNCTD vide Annexure A-1, proposal dated 19.12.2018, requested the 5th

respondent-Department of Personnel and Training, Union of India to look into the matter and advice suitably.

6.

In the circumstances, the O.A. is disposed of at the admission stage itself, without going into the merits of the case, by directing the respondents to take a final view on the Annexure A-1, proposal dated 19.12.2018 and to pass appropriate speaking and reasoned orders thereon, in accordance with law, within four months from the date of receipt of a certified copy of this order. No order as to costs.

Let a copy of the O.A. be enclosed to this order.