w w w . L a w y e r S e r v i c e s . i n
M. Kirubanithy, Technical Assistant National Institute of Epidemiology, Chennai v/s Union of India Represented by Secretary to Government Ministry of Health & Family Welfare Nirman Bhawan, New Delhi & Others
Company & Directors' Information:- A. S. INDIA LIMITED [Active] CIN = U70100MP2009PLC022300
Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911
Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461
Company & Directors' Information:- U P BHAWAN NIRMAN PVT LTD [Active] CIN = U70102WB1987PTC041776
Company & Directors' Information:- J J TECHNICAL INSTITUTE PRIVATE LIMITED [Active] CIN = U80221MH1988PTC046265
Company & Directors' Information:- NATIONAL UNION CORPN PVT LTD [Strike Off] CIN = U51909WB1940PTC010240
Company & Directors' Information:- TECHNICAL INSTITUTE LIMITED [Strike Off] CIN = U80221KA1917PLC000075
Company & Directors' Information:- NATIONAL UNION LTD [Not available for efiling] CIN = U74999KL1951PLC000818
Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911
Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461
Company & Directors' Information:- U P BHAWAN NIRMAN PVT LTD [Active] CIN = U70102WB1987PTC041776
Company & Directors' Information:- J J TECHNICAL INSTITUTE PRIVATE LIMITED [Active] CIN = U80221MH1988PTC046265
Company & Directors' Information:- NATIONAL UNION CORPN PVT LTD [Strike Off] CIN = U51909WB1940PTC010240
Company & Directors' Information:- TECHNICAL INSTITUTE LIMITED [Strike Off] CIN = U80221KA1917PLC000075
Company & Directors' Information:- NATIONAL UNION LTD [Not available for efiling] CIN = U74999KL1951PLC000818
O.A. No.310/00677 of 2014
Decided On, 30 April 2014
At, Central Administrative Tribunal Madras Bench
By, THE HONOURABLE MR. K. ELANGO
By, JUDICIAL MEMBER & THE HONOURABLE MR. NARESH GUPTA
By, ADMINISTRATIVE MEMBER
For the Applicant: C. Vigneswaran, Advocate. For the Respondents: M. T. Arunan, Advocate.
Judgment Text
K. Elango, Member (J).
1. The applicant has filed this OA under Section 19 of the Administrative Tribunal's Act, 1985 seeking the following relief:
"To consider the Representation of the applicant dated 24.06.2013 and place him in the post of Senior Technical Assistant and consequently re fix his scale at Rs. 5500 9000 from the due date i.e. 1.1.1996 with all arrears of pay"
2. The applicant was initially appointed as Field Investigator in the erstwhile Institute for Research in Medical Statistics in the year 1985 and promoted to the post of Field Supervisor in the year 1994 and was placed in the pay scale of Rs. 1400 2300. The respondents while implementing the recommendations of the Vth Pay Commission placed the applicant in the scale of pay of Rs. 4500 125 7500 (pre-revised) in the post of Field Supervisor. The respondents with reference to the recommendations contained in Part 'B' & 'C' of the Govt. of India Notification No. GSR 569(E) dated 30.09.1997, issued an order dt. 30.08.2000 and fixed the pay scales in tune with the recommendations of the Vth CPC. Pursuant to the same the 2nd respondent also issued consequential order to the applicant in a higher scale vide letter dt. 19.12.2000 but the respondents have wrongly re-designated the post of Field Supervisor as Technical Assistant (Field) in the pay scale of Rs. 5000-150-8000 depriving the applicant the next higher pay scale of Rs. 5500-175-9000. The grievance of the applicant is that the post of Deputy Field Supervisor is a feeder category to the post of Field Supervisor but it carries a higher pay scale of Rs. 5500-175-9000. The applicant further states that similary situated institutions re-designated the post of Deputy Field Supervisor as
3. Senior Technical Assistants in the scale of Rs. 5500-175-9000 and therefore the applicant can also be re-designated as Senior Technical Assistant and placed in the same pay scale. In this connection the applicant made several representations to the respondents, but no action has been taken by the respondents. Hence the applicant has filed this OA seeking the above mentioned relief.
4. 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 representation of the applicant dated 24.06.2013 within a time frame.
5. 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 representation of the applicant dated 24.06.2013 within a time frame.
6. Accordingly, we direct the respondents to consider and dispose of the representation of the applicant dated 24.06.2013, in accordance with law and as per rules,
1. The applicant has filed this OA under Section 19 of the Administrative Tribunal's Act, 1985 seeking the following relief:
"To consider the Representation of the applicant dated 24.06.2013 and place him in the post of Senior Technical Assistant and consequently re fix his scale at Rs. 5500 9000 from the due date i.e. 1.1.1996 with all arrears of pay"
2. The applicant was initially appointed as Field Investigator in the erstwhile Institute for Research in Medical Statistics in the year 1985 and promoted to the post of Field Supervisor in the year 1994 and was placed in the pay scale of Rs. 1400 2300. The respondents while implementing the recommendations of the Vth Pay Commission placed the applicant in the scale of pay of Rs. 4500 125 7500 (pre-revised) in the post of Field Supervisor. The respondents with reference to the recommendations contained in Part 'B' & 'C' of the Govt. of India Notification No. GSR 569(E) dated 30.09.1997, issued an order dt. 30.08.2000 and fixed the pay scales in tune with the recommendations of the Vth CPC. Pursuant to the same the 2nd respondent also issued consequential order to the applicant in a higher scale vide letter dt. 19.12.2000 but the respondents have wrongly re-designated the post of Field Supervisor as Technical Assistant (Field) in the pay scale of Rs. 5000-150-8000 depriving the applicant the next higher pay scale of Rs. 5500-175-9000. The grievance of the applicant is that the post of Deputy Field Supervisor is a feeder category to the post of Field Supervisor but it carries a higher pay scale of Rs. 5500-175-9000. The applicant further states that similary situated institutions re-designated the post of Deputy Field Supervisor as
3. Senior Technical Assistants in the scale of Rs. 5500-175-9000 and therefore the applicant can also be re-designated as Senior Technical Assistant and placed in the same pay scale. In this connection the applicant made several representations to the respondents, but no action has been taken by the respondents. Hence the applicant has filed this OA seeking the above mentioned relief.
4. 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 representation of the applicant dated 24.06.2013 within a time frame.
5. 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 representation of the applicant dated 24.06.2013 within a time frame.
6. Accordingly, we direct the respondents to consider and dispose of the representation of the applicant dated 24.06.2013, in accordance with law and as per rules,
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by passing a reasoned and speaking order, within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the applicant forthwith. 7. The O.A. is disposed of as above at the admission stage. 8. Mr. M.T. Arunan takes notice for the respondents.