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Tribunals and CommissionsDivision Bench(2018) 12 CAT CK 0040

Narender Kumar vs Union Of India

Central Administrative Tribunal · Decided on 24 December 2018

HON’BLE JUDGES
Sanjeev Kaushik, J · P. Gopinath, J
RESULT
Disposed Off
CASE NUMBER
Original Application No. 060, 01554 Of 2018

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Judgment

8 paragraphs · 428 words

MA No. 060/02023/2018

For the reasons stated therein, the MA is allowed and the applicants are allowed to join together, to file this single O.A.

1.

The applicants herein have sought quashing of order dated 25. 09.2018 (Annexure A-1) whereby their claim for grant of benefit of non functional upgradation from the date they completed four years in the pay scale of Rs.7500-12000, in terms of ratio laid down in the case of Munish Kumar and Others (060/01044/2014) has been rejected and to grant them the relevant benefits.

2.

Learned counsel for the applicants submitted that the claim of the applicants has been rejected merely on the ground that they were not a party to the case filed by similarly situated employees, which is not sustainable in the eyes of law. Learned counsel submits that the claim of the applicants is squarely covered by the ratio of law laid down by this Court in the cases of Munish Kumar & Others Vs. Union of India & Others ( O.A. No. 060/01044/2014) and Sanjeev Dhar & Others Vs. Union of India & Others (O.A. No. 060/00018/2015) decided by a common order dated 04.11.2015. He makes a statement at the bar that the applicants would be satisfied if a direction is issued to the respondents to consider their claim in view of the ratio of law laid down by this Court in the cases aforementioned.

3.

Issue notice to the respondents.

4.

At this stage, Mr. Sanjay Goyal, Advocate, appears and accepts notice on their behalf. He does not object to the disposal of the O.A. in the above terms. He prays for two months time to consider the claim of the applicants, in view of the cases relied upon by them.

5.

In view of the ad-idem between the parties, the O.A. is disposed of with a direction to the respondents to consider the claim of the applicants to grant them NFG grade from the due date in view of the law laid down by this Court in the case of Munish Kumar (supra), as relied upon by them, within a period of two months from the date of receipt of a copy of this order. If upon such consideration, the applicants are found similarly situated like the applicants in the indicated cases, the relevant benefits be granted to them, otherwise a reasoned and speaking order be passed on their claim.

6.

Needless to mention that the disposal of the O.A. shall not be construed as an expression of any opinion on the merit of the case. No costs.