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Jivan Chandra Handique v/s The Union of India, Represented by the Secretary to the Government of Communication, New Delhi & Others

Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

    Original Application No. 040/00302 of 2019

    Decided On, 01 November 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicants: D.K. Kotoky, B. Gogoi, Advocates. For the Respondents: ----

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. The instant O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“8.1 To issue direction to the respondents to fix the pay of the applicant in the scale of pay of the applicant in the scale of pay of Rs. 4500-7000 p.m. with effect from 01.01.1996 and to pay the consequential arrears of salaries occurred thereof with effect from 10.02.1997 and to pay all the financial benefits of the applicant as may accrue onwards on fixation of his pay in the scale of pay of Rs.4500-7000 p.s. with effect from 01.01.1996.

8.2 To issue direction to the respondent to grant any other relief(s) as this Tribunal may deem fit and proper”.

2. Sri D.K. Kotoky, learned counsel for the applicant submitted that the applicant is an employee under the Assam Circle of the Department of Posts, Government of India and presently he is performing his duties at Guwahati holding the post of “Technical Manager (Electrical)”. The applicant initially appointed as “Technician” in the pre-revised scale of pay Rs. 260-3-300-EB-8-340-10-360-12-420-EB-480/PM in the Guwahati Division of Assam Circle, Department of Posts, India vide Memo No. A2-1/Pt-II/88 dated 02.08.1989. On revision of pay, as per “Fourth Central Pay Commission” the Scale of Pay drawn by the applicant was raised to the scale of Rs.1200-30-1560-EB-40-2030 PM and its next higher scale was recommended as Rs. 1400-40-1800-EB-50-2300 PM. Thereafter, as per revision of pay as recommended by the “Fifth Central Pay Commission” the scale of pay of Rs. 1200-30-1560-EB-40-2030 PM drawn by the applicant was revised in the scale of pay of Rs.4000-100-6000 PM and “Fifth Central Pay Commission” recommended the next higher scale of pay for the said post as Rs.5000-150-8000 PM corresponding to the scale of pay or Rs.1400-40-1800-EB-50-2300 PM granted under Fourth Pay Commission.

3. According to learned counsel, being entitled for financial upgradation under “Assured Career Progression Scheme” to the next higher scale of pay of Rs.5000-150-8000 PM the applicant made several representations on 10.02.2000, 20.11.2001, 02.02.2002, 09.11.2011, 23.06.2017, 20.12.2017 & 28.06.2018. But the said representations had not been considered by the respondents authority.

4. We have heard learned counsel for the applicant, perused the papers and documents produced before us. Keeping in view of the above representations pending, without going into the merit of the case as well as without issuing notice to the respondents, we found that, justice will be made if we direct the respondents authority to consider latest pending representations dated 20.12.2017 & 28.06.2018 made by the applicant before the Chief Post Master General i.e. respondent No.4 and dispose of the same by passing a reasoned and speaking order within a reasonable period of One(1

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) months from the date of receipt of copy of this order. Ordered accordingly. 5. Liberty is granted to the applicant to approach this Tribunal if he is not satisfied with the decision of respondents authority. 6. With the above direction, O.A. stands disposed of at the admission stage. No order as to costs.