ROWNAKUL ISLAM BARLASKAR vs Kendriya Vidyalaya Sanghthan on 31 December 2019

1. 1. Rownakul Islam Barlaskar Assistant Section Officer S/o late Nazir Uddin Barlaskar KV CRPF Amerigog, Guwahati – 7810023

2. 2. Arup Kumar Biswas Assistant Section Officer S/o Late Nihar Kanti Biswas Kendriya Vidyalaya Sangathan Regional Office Silchar Cept. N.M. Gupta Sarani Silchar – 788001.

3. 3. Dipankar Deb Assistant Section Officer S/o Late Naresh Chandra Deb Kendriya Vidyalaya Sangathan Regional Office Silchar Capt. N.M. Gupta Sarani Silchar – 788001.

4. 4. Prosenjit Paul Assistant Section Officer S/o Late P.C. Paul Kendriya Vidyalaya Sangathan Regional Office Silchar Capt. N.M. Gupta Sarani Silchar – 788001.

5. 5. Narayan Choudhury Assistant Section Officer S/o Late Sudhir Ranjan Choudhury KV Silchar, Tarapur, Silchar – 788003.

1. 6. Srimanta Nath Senior Secretariat Assistant S/o Late Jitendra Lal Nath KV Slichar, Tarapur, Silchar – 788003.

2. 7. Debasish Das Gupta Senior Secretariat Assistant S/o Late Nani Gopal Das Gupta M/30 Shivalik Park, Meherpur Silchar – 788015.

3. 8. Ajmat Ali Assistant Section Officer S/o Late Irshad Ali KVS (RO), Khanapara Guwahati – 781022.

4. 9. Pabitra Baishya Senior Secretariat Assistant KVS (RO), Khanapara

5. 10. Uttam Chandra Goswami Assistant Section Officer S/o Late Deben Ch. Goswami Kendriya Vidyalaya, Narengi Guwahati 781027.

6. 11. Asraf Hussain Mozumder Senior Secretariat Assistant Kendriya Vidyalaya, Srikona Dist. – Cachar, Assam Pin – 788026.

...Applicants

By Advocate: Sri M. Chanda & Smt. U. Dutta

-VERSUS-

1. 1. The Union of India Represented by Secretariat to the Government of India, Ministry of Human Resource Development, Government of

 

India, Shastri Bhawan, New Delhi

– 110001.

1. 2. The Commissioner Kendriya Vidyalaya Sangathan, 18, Institutional Area, Saheed Jeet Singh Marg, New Delhi – 110016.

2. 3. The Assistant Commissioner (Admn. & Fin.), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Saheed Jeet Singh Marg, New Delhi – 110016.

3. 4. The Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Khanapara, Guwahati – 781022.

....Respondents

By Advocate: Sri A. Kundu, Addl. CGSC

**ORDER (ORAL)**

**N. NEHSIAL, ADMINISTRATIVE MEMBER:**

On being mentioned by Sri M. Chanda, learned counsel for the applicant, this matter has been taken up today as unlisted in presence of Sri A. Kundu, learned Addl. CGSC for the respondents.

1. 2. This O.A. has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 with the following reliefs:

"8.1 That the Hon'ble Tribunal be pleased to grant permission to move this original application jointly in a single application under Sec 4(5) (a) of the Central Administrative Tribunal (Procedure) Rules 1987 as the 

relief's sought for this application by the applicants are common.

8.2 That the Hon'ble Tribunal be pleased to direct the respondents to review the benefit of 1^st ACP and 2^nd ACP of the individual applicants on account of merger of the scales of Pay of the post of erstwhile Assistant Superintendent and Assistant in the grade pay of Rs. 4200/- in the pay band of Rs. 9300-34800/- by the office memorandum dated 10.09.2008 with further direction to grant the benefit of 1^st ACP/2^nd ACP to the individual applicants in the appropriate higher scale of pay/grade pay as due admissible to the individual applicants with immediate effect.

8.3 Cost of the application.

8.4 Any other relief(s) to which the applicants are entitled as the Hon'ble Tribunal may deem fit and proper."


3. Since all these 11 applicants are seeking similar reliefs from the same respondents, the prayer for joining together in a single application under section 4 (5) (a) of the Administrative Tribunal Act, 1987 is allowed.

4. Sri M. Chanda, learned counsel for the applicants pointed out that as per order dated 10.09.2018, the post of Assistant Superintendent is merged with Assistant and the pay scale have also been merged and upgraded. However, in the Ministry of Human Resource Development, Department of School Education & Literacy, UT-Division order dated 26.04.2011, it appeared that merger of the said post is not approved by the HRD so far and is yet to be approved by the Ministry of Finance (under consideration). But, in the

meantime, in some of the other organisations under the same Ministry are being given this benefit of the ACP.

5. I have perused the papers and materials, it appears that the issue is yet to attain finality for final decision by the Ministries. Keeping in view of that, it is justified to issue a direction to the applicants to make a comprehensive representation on the issue to the appropriate authority. Accordingly, I direct the applicants to make a comprehensive representation before the appropriate authority within a period of 15 days from the date of receipt of this order. On receipt of such representation, the respondent authority/ appropriate authority shall examine the demand and grievance of the applicants and dispose of the same by passing a reasoned and speaking order within a period of 4 (Four) months thereafter. Further, the respondents may also take into the account of any other Judiciarys.

7. With the above directions, O.A. stands disposed of at the Admission stage. No order as to costs.

The logo of the Central Administrative Tribunal, featuring a circular emblem with a sunburst design in the center, surrounded by the text 'Central Administrative Tribunal' and the motto 'सत्यमेव जयते' (Satyameva Jayate) in Devanagari script.

(N. NEIHSIAL) MEMBER (A)

BD