Saturday, January 15, 2011


Case was listed on 06.01.2011. Hon'ble Court has directed the Secretary and CEO to file supplementary affidavit within 6 weeks. The order issued by Hon'ble court is as below :

Heard the learned counsel for parties and perused the material on record.

We have carefully gone through the compliance affidavit of Shri S.K. Garg, Answering Respondent MIB dated 06-08-2010 and also the reply of the affidavit in support of the compliance affidavit filed by the applicant. By means of order dated 28.08.2008 passed by this Tribunal in O.A. No. 282/08 the respondents No. 1 and 2 i.e. Secretary and CEO, PB were directed to consider the claim of the applicant to extend the benefit of order dated 25.02.1999 for grant of higher scale than Rs. 4000-6000 w.e.f. 1.1.196 with all consequential benefits by treated this O.A. as the representation of the applicant and pass reasoned order within a period of three months form the date of receipt or supply of copy of this order. Concededly, the aforesaid order of this Tribunal has not been challenged either in the High Court or before the Apex Court. Though, in para 5 of the compliance affidavit sworn by Under Secretary MIB, it is mentioned that in compliance of the order passed by this Tribunal, the answering opposite party has duly considered the case of the applicant and the matter was referred to the GOM and it was required to be decided by MIB. Accordingly, it has to be referred to the GOM. In para 6, it said that the issue relating to disparity in pay scale of Administrative Categories and other ministerial cadres was considered by GOM in its meeting held on 17.06.2010 and they have decided th issue. In Para 7, it is said that in compliance of the order of this Tribunal dated 28.08.2008, after consider the matter, reasoned and speaking order dated 02.08.2010 has been passed in pursuance of decision of GOM taken in the meeting held on 17.06.2010. But the learned counsel for applicant point out that firstly, as would be apparent from the perusal of order dated 2.8.2010, instead of considering the case, it is mentioned that it has been decided that committee would not consider the issue regarding pay disparity of any Administrative categories of employees like LDC and UDC and other ministerial cadre as this would have wide ranging implication. He further points out that his Tribunal has director to respondent no. 1 and 2 to consider and pass well reasoned order. But this order dated 2.8.2010 has been passed by respondent no. 4, the Station Director. Moreover, minutes of the meeting held on 17.06.2010 of the GOM or any summary therefore has not been brought on record. Let therefore, a supplementary affidavit sworn by appropriate and proper authority be filed within 6 weeks. List on 24.02.2011. Let a copy to this order be supplied to both counsel as requested.

No comments:

Post a Comment