Tribunals and CommissionsDivision Bench(2021) 11 CAT CK 0516

Narender Kumar & Ors. vs Govt. of NCT of Delhi & Ors.

Central Administrative Tribunal, Principal Bench, New Delhi · Decided on 23 November 2021

HON’BLE JUDGES
R.N. Singh, Member (J) · Mohd. Jamshed, Member (A)
CASE NUMBER
O.A. No. 4529/2014

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Judgment

12 paragraphs · 378 words

Hon’ble Mr. R.N. Singh, Member (J) :

The applicants, who are 44 in number, have approached this Tribunal by way of filing this OA under Section 19 of the Administrative Tribunals Act, 1985, praying therein the following relief(s) :-

“(a)

To declare the action of the respondents in not granting the scale of Rs.15600-39100 (PB-3) with Grade Pay of Rs.6600 & 7600 as given to similarly placed persons vide order dated 17.08.2012 & 30.09.2013 to the applicants as illegal and arbitrary.

(b)

To quash and set aside the impugned order dated 11.08.2014 and direct the respondents to grant scale of Rs.15600-39100 with Grade Pay of Rs.6600 & 7600 as 2nd & 3rd financial upgradation to the applicants under MACP from due date with all arrears of pay.

(c)

To declare the action of the respondents in not granting promotional scale attached to the promotional post as 1st, 2nd & 3rd financial upgradation under MACP Scheme as illegal, arbitrary and unjustified or read down the provisions of MACP Scheme to the extent it denies the promotional scales as financial upgration.

(d)

To allow the O.A. with costs.

(e)

Pass such other direction or directions order or orders as this Hon’ble Tribunal may deem fit and proper to meet the ends of justice.”

2.

Pursuant to notice, respondents have filed counter reply and opposed the present OA.

3.

On 18.07.2019, it was stated on behalf of the parties that the issue involved in the present OA is identical to one already pending before the Hon'ble Apex Court in

Exhibit reproduced from the original judgment

SLP No.8271/2014 and, therefore, the matter was adjourned sine die with liberty to the parties to revive it after decision of the Hon'ble Apex Court comes.

4.

Today, at the outset, Shri M.K. Bhardwaj, learned counsel for applicants submits that the issue pending before the Hon'ble Apex Court has already been decided and the appeals preferred by to Govt. are allowed, vide order/judgment dated 05.03.2020 in Civil Appeal No.2016/2020 (arising out of SLP (C) No.21803/2014) titled Union of India & Ors. Vs. M.V. Mohanan Nair. Shri Amit Anand, learned counsel for the respondents has accepted the same. Therefore, nothing survives in the present OA.

5.

In view of the aforesaid, the OA stands dismissed. There shall be no order as to costs.