V V Subba Rao vs EASTERN NAVAL COMMAND on 31 December 2024

ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief(s): “That this Hon'ble Tribunal in the interest of Justice may be pleased to declare the in action of the Respondents in considering the request of the applicant for rectifying the Pay parity on par with his Junior. Shri P. Brahmananda Rao who has been fixed higher pay than the applicant in the revised pay fixation Order dated 03.11.2023 and no justification order is issued by the 3rd respondent office letter vide No. Quoting Ref VI/2014, dated 26.02.2024 to the representations submitted by the applicant on 25.01.2024, 13.02.2024 and there is no reply for the request of the applicant for providing his Service Record, holding it as illegal, arbitrary and unconstitutional violating the Provisions of Article 14 &16 of the Constitution of India and consequently direct the respondents to fix the pay of the applicant on par with his Junior P. Brahmananda Rao at Rs.85100/- in the place of 82600/- by removing the pay parity with all consequential benefits and pass any other Order Or Orders as is deemed fit proper, necessary in the circumstances of the case.”

2. When the matter has been taken up for consideration, the learned counsel for the applicant submitted that the applicant was initially appointed as Senior Chargeman(Mech) in the pay scale of Rs.1400-2300/- on 22.09.1980 in the respondents’ organization. Thereafter, he was promoted to the post of CTO(Mech) and retired on superannuation. It is submitted that the applicant submitted Representation dt. 25.01.2024, bringing the pay parity to the notice of the respondents and requested to fix his pay on par with his Junior Mr.P Brahmananda Rao. Further, the applicant also requested the respondents to provide a copy of service record. However, the respondents, vide Letter dt. 26.02.2024, rejected the request of the applicant. The applicant’s counsel submitted that the respondents have not provided the Service Book as well, though requested by the applicant. Aggrieved over the action of the respondents, the applicant has filed the present OA.

3. Mr. B Siva Sankar, learned counsel, accepted notice on behalf of the respondents.

Location:

RAMNADH

4. Heard. It is to be noted that, vide Letter dt. 26.02.2024, the respondents have already addressed the issue, requesting the applicant to verity the correctness of his pay fixations as per the copy provided vide Controller Letter dt. 03.011.2023. Further, he was directed to approach Admin Office to address discrepancies with regard to his pay fixation. However, the applicant failed to act as directed by the respondents in the Letter dt. 26.02.2024.

5. In view of the above, the respondents are directed to provide a copy of the Service Book to the applicant, within a period of two weeks from the date of receipt of this order. On receipt of the same, the applicant is at liberty to submit a detailed representation, pointing out the discrepancy in his pay fixation and how he is entitled for fixation of pay on par with the said junior, within a period of two weeks thereafter. On receipt of such representation from the applicant, the respondents are directed to examine the same and pass a reasoned and speaking order, within a period of three months thereafter. Ordered accordingly. It is also made clear that we have not gone into the merits of the case.

6. With the above directions, the OA is disposed of at the admission stage itself. There shall be no order as to costs.

(SHALINI MISRA) (DR. LATA BASWARAJ PATNE) ADMINISTRATIVE MEMBER JUDICIAL MEMBER

/Ram/

Location:

RAMNADH