At, Central Administrative Tribunal Madras Bench
By, THE HONOURABLE MR. B. VENKATESWARA RAO
By, JUDICIAL MEMBER & THE HONOURABLE MR. NARESH GUPTA
By, ADMINISTRATIVE MEMBER
For the Applicant: M/s. P. Sudagar, Advocate. For the Respondents: M.T. Arunan, Advocate.
B. Venkateswara Rao, Member (J).
1. The applicant has filed this OA under Section 19 of the Administrative Tribunal's Act, 1985 seeking the following relief:
"To direct the 2nd respondent to consider and dispose of the applicant representations dated 9.7.2012 and 9.12.2013 on merits within the stipulated time frame as this Hon'ble Tribunal may deem fit and proper in the circumstances of case."
2. The brief facts of the case as submitted by the applicant are as follows:
The applicant, a Law Graduate joined the Respondent hospital as Assistant (Litigation) in the pay scale of Rs.5200-20200 +2800 (GP) in the Disciplinary and Court Cases Cell on 4.6.2010. The posts of Head Clerks and Accountants are equivalent grades as of the post of Assistant (Litigation) and the pre-revised scale for the post of Assistant, Head Clerk and Accountant is Rs.4500-125-7000 in the V CPC and the same was revised to 5000-150-8000 in the V CPC and as per the VI CPC recommendation, the revised corresponding pay scale is Pay Band -2 Rs.9300-34800 +4200 (GP). Since the post of Assistant (Litigation) is the only post in the Respondent Institute, the Institute failed to upgrade the scale of the post of Assistant (Litigation) as was done in other equivalent grades such as Head Clerks and Accountants. Though the Recruitment Rules for the post of Assistant (Litigation) was notified as early as in 22.9.2003, the Respondent Institute was unable to fill up the said post by suitable candidates by way of deputation/short-term contract/absorption for a period of nearly 6 years which resulted in non-up gradation of pay scale from Rs.4500-125-7000 to Rs.5000-150-8000. The post of Assistant (Litigation) is available in many Central Government and State Government Departments particularly in the legal section in different nomenclature namely Litigation Assistant, Legal Assistant and Assistant (Legal) and all the said posts in the pay scale of Rs. Rs.4500-125-7000/- are revised to the pay scale of RS. 5000-150-8000 in the V CPC and to the pay scale of Pay Band -2 Rs.9300-34800 +4200 (GP) as per VI CPC recommendation and the duties and responsibilities of Assistant (Litigation) in the Respondent Institute and as that of Litigation Assistant, Legal Assistant and Assistant (Legal) in the Central Government and State Government Departments are one and the same. In PGIMER, Chandigarh (Autonomous Institution) under the Ministry of Health and Family Welfare, the revised pay scale for the post of Legal Assistant has been fixed in pay scale of Pay Band -2 Rs.9300-34800 +4200 (GP) as per VI CPC recommendation. Further the post of Assistant (Litigation) is a supervisory post and non-fixation of revised pay scale as per VI CPC affects the exact role and nature of the post and also the promotional avenue of the post. Therefore, the applicant made representation dated 9.7.2012 to the respondents requesting them to revise the pre-revised scale of Rs. Rs.4500-125-7000/- to the pay scale of RS. 5000-150-8000 and then to the corresponding pay scale of Pay Band -2 Rs.9300-34800 +4200 (GP) fixed as per VI CPC recommendation from the date of his appointment with all monetary and service benefits and shall be considered as a feeder cadre to the post of Law Officer as per rules. When there is no reply for the same, the applicant again made another representation on 9.12.2013 which is still pending for consideration and hence the applicant has filed this OA for the above mentioned relief.
3. Learned counsel for the applicant submitted that the applicant will be satisfied if a direction is given to the respondents to consider and dispose of the representations of the applicant dated 9.7.2012 and 9.12.2013 within a time frame.
4. In view of the above facts and circumstances, we also feel it just and proper to issue a direction to the respondents to consider and dispose of the representations of the applicant dated 9.7.2012 and 9.12.2013 within a time frame.
5. Accordingly, we direct the responden
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ts to consider and dispose of the representations of the applicant dated 9.7.2012 and 9.12.2013, in accordance with law and as per rules, by passing a reasoned and speaking order, within a period of forty five days from the date of receipt of a copy of this order and communicate the same to the applicant forthwith. 6. The O.A. is disposed of as above at the admission stage. Mr.M.T.Arunan is directed to take notice for the respondents.