CENTRAL ADMINISTRATIVE TRIBUNAL
Misc. Application No. 35/2001
in O.A. No. 102/2001
Wednesday the Seventeenth day of January, Two Thousand one
The Hon’ble Mr. Justice S.S.Subramani, Vice Chairman
The Hon’ble Mr. S.Bapu, Administrative Member.
Central Excise Ministerial Officers, Association Coimbatore Central Excise Commissionerate rep. by G.Radhakrishnan General Secretary 6/7 A.T.D. Street, Race Course Road, Coimbatore – 641 018
2. M.P. Sakthivel S/o. Shri M.Ponnusamy Upper Division Clerk, O/o. Assistant Commissioner of Central Excise, Coimbatore II Division 6/7 A.T.D. Street Race Course Road,
Coimbatore 641 108
rep. by M/s. Akbar Row
V.Babu : Counsel for the applicants.
1. Union of India rep. by the
Chairman, Central Board
Excise and Customs
North Block New Delhi – 110 001
2. The Secretary Central
Board of Excise and Customs
North Block, New Delhi 110 001
3. The Commissioner of Central
Excise Chennai I Commissionerate
1/25 Mahatma Gandhi Road,
Nungambakka, Chennai – 600 034 : Respondents.
rep. by Mr. V. Vaithiyalingam : Counsel for the respondents.
ORDER : Pronounced by the Hon’ble Mr. Justice S.S.Subramani
M.A. No. 35/2000 has been filed by the applicants seeking leave to join in a single application. We have perused the affidavit filed in support of the M.A. Sufficient reasons have been shown for granting the above relief. M.A. is allowed. Registry is directed to number the O.A.
3. The 5th Central Pay Commission which had Gone into the modalities of various posts in the Government had in their recommendations sought for upgradation of these special pay UDC posts to the level of Assistants and fixation of appropriate pay structure. It is stated that the 5th Central Pay Commission had recommended the pay scale for Special Pay UDCs as Rs. 5000-8000. It is stated that the Department of Expenditure had ordered the implementation of the said recommendations of the 5th Central Pay Commission on 30.9.97 and the 10% Special Pay UDCs posts was designated as Assistants. This was communicated to all the Heads of Departments.
4. The applicants based on the above recommendations wanted the implementation of the pay scale of Rs.5000-8000 to the 10% Special Pay UDCs. The Department of Revenue, Ministry of Finance issued circulars on 12.4.99 in this regard in respect of non-secretariat administrative officers. However, the same has not been implemented - is their grievance.
It is seen from the application that the applicants moved various representations and one such representation is dated 27.5.99. On
10.5.99, the 3rd respondent wrote a letter to the Joint Secretary (Administration)
Central Board of Excise and Customs New Delhi, wherein para 3 reads as under.
" Further in paragraph (b) of the OM it has been stated that a sanction may be issued to create addition post of Assistants equal to the number of 10% identified post carrying special pay . . "
It is further stated that all the Heads of Department are empowered to issue the sanction. The learned counsel for the applicants submitted that the above sanction has not been implemented and therefore the applicants have submitted a representation on 27.5.99. A further representation was also made on 5.10.2000 and also on 4.12.2000. The above representations have not been replied so far. Hence the applicants are before us with the above prayer.
6. We heard the learned counsel for the applicants and perused the applications. We are of the view that interest of justice would be met if the respondents are directed to dispose of the representations within a stipulated time.
7. In view of the above position, the respondents are directed to dispose of the representations submitted by the applicants and while disposing of the same, the respondents are directed to take note of the letter written by the 3rd respondent on 10.05.99 and pass final orders within a period of six weeks from the date of receipt of a copy of this order. The applicants may also get a copy of this order and submit the same to the respondents along with a copy of the O.A. and its annexures for an early disposal. O.A. is disposed of as above.
8. In view of the limited direction we have given we have directed Mr. V. Vaithiyalingam to notice on behalf of the respondents and we do hope that the learned counsel cannot possibly have any serious objection for such a disposal.
-Sd- Deputy Registrar.