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MES No. 225456 Earson Gabil Momin & Another v/s The Union of India, represented by the Secretary to the Government of India, Ministry of Defence & Others

    Original Application No. 040/00111 of 2015
    Decided On, 10 April 2015
    At, Central Administrative Tribunal Guwahati Bench Guwahati
    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER
    For the Applicants: A. Ahmed, P. Kalita, R.R. Rajkumari, P. Gogoi, Advocates. For the Respondents: --------


Judgment Text
Order (Oral)

Manjula Das, Judicial Member:

1. At the outset, Mr. Adil Ahmed, learned counsel for the applicants prayed to move the present application jointly under Section 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 since their grievance and cause of action are common. Prayer is granted.

2. By this O.A., applicants make a prayer for a direction to the respondents to grant the benefit of BUNCHING to the applicants as per illustration 4A of Para 7 (1) of the CCS (RP) Rules, 2008 which is equal to 3% of the Pay Band + Corresponding Grade as well as to grant the arrears after Correct Pay Fixation w.e.f. 2006. Further prayed for a direction to grant similar benefit to the applicants as per order dated 28.02.2013 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur in O.A. No. 141 of 2012, 143 of 2012 and 145 of 2012.

3. Learned counsel for the applicant submitted that the applicants are working as Technical Officer in the office of the Head Quarter Chief Engineer Shillong Zone, Shillong under the Ministry of Defence, Government of India. According to learned counsel, pay fixation of the applicants was carried out in pursuance of the 6th CPC recommendation by granting the revised pay band of Rs. 9,300-34,800/- with Grade Pay of Rs. 4,600/- w.e.f. 01.01.2006 as per CCS (Revised Pay) Rules, 2008. Both the applicants were getting Pay Scale of Rs. 6,500-200-10,500/- with Grade Pay of Rs. 4,200/- prior to current fixation.

4. On identical issue, the Central Administrative Tribunal, Jaipur Bench, Jaipur has decided the matter vide common judgment and order dated 28.02.2013 in OA Nos. 141 of 2012, 143 of 2012 and 145 of 2012. The relevant portion of the order of the Tribunal is reproduced here as under:-

'13. Further, the applicants are able to show before us relying upon Appendix-A which has been placed on record alongwith the reply filed by the respondents and more particularly referred respondents are directed to grant benefit of bunching to the applicants as per illustration 4A of Rule 7(i) of CCS (RP) Rules, 2008 which is equal to 3% of Pay Band + Corresponding Grade Pay and after granting benefit of bunching as per rules, as indicated above, the respondents are further directed to make payment of arrears to the applicants after the exercise undertaken for correct pay scale w.e.f. 1.1.2006. It is further made clear that the entire exercise is supposed to be undertaken expeditiously, but in case not later than a period of three months from the date of receipt of a copy of this order.'

5. Respectfully following the decision of the Co-ordinate Bench of Central Administrative Tribunal, Jaipur Bench, Jaipur, I direct the respondents to consider the case of the applicants with due verification as to whether present applicants are

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similarly situated with the applicants of the aforesaid case and if so, same benefit to be extended to the present applicant within a period of two months from the date of receipt of a copy of this order. 6. O.A. stands disposed of accordingly at the admission stage. There shall be no order as to costs.