ALL INDIA DGAQA GR.'B' GAZ. OFFICER'S ASSO, vs M/o Defence on 29 December 2023

1. All India DGAQA Group ‘B’ Gazetted Officer’s Association C/o Office of the Addl. Director General (Nasik) DGAQA, Ministry of Defence, HAL (Nasik Division), Ojhar (Nasik) – 422207 Represented by its Joint Secretary, Bangalore Chapter Shri Pothu Raju Kambhampalli Working as JSO, Office of RDAQA, DGAQA Bangalore-560017 Resident of Qtrs No: C-40/7, DRDO Phase-II CV Raman Nagar, Bangalore-560093

2. Shri V Bhaskar S/o Late V Venkataramanappa Age: 58 Yrs Working as JSO O/o ALISDA, DGAQA MES Camp Road, Yeswanthpur, Bangalore-560022 Resident of Qtrs No: D-5 Type-IV ALISDA Residential Complex RT Nagar, Bangalore-560032

…Applicants

(By Advocate Shri B S Venkatesh Kumar)

VS.

1. The Director General Aeronautical Quality Assurance Ministry of Defence ‘H’ Block, New Delhi-110011

2. The Secretary of Defence Productions, Ministry of Defence, South Block, New Delhi-110011

3. The ADG (Nasik), DGAQA Ministry of Defence C/o HAL, Nasik Division, Ojhar-422207

4. The ADG (SZ), DGAQA, Ministry of Defence, C/o HAL (BC), Vimanapura Post, Bangalore-560017

… Respondents

(By Shri Vishnu Bhat, Sr. Panel Counsel – through video conference)

O R D E R (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

(i) “Call for the relevant records as to the action take on receipt of the representation and,

(ii) Direct the respondents to grant the parity on par with DGQA personnel who were re-designated as SSO-II from the post of JSO to the applicants and its members while declaring the inaction on part of the respondents to grant parity is unjust and unfair and void for the reasons stated here in above and,

(iii) Direct the respondents to grant all consequential benefits from 08.03.2016 so as to comply with the principles of equity and equality and,

(iv) Pass any other order or direction or grant any other relief as deemed fit by this Hon’ble Tribunal including the cost of these proceedings, in the interest of justice, equity and fair play in administration”.

2. An affidavit duly sworn by Mr. Yogesh Kumar Ahlawat, P.Sc.O, Presenting Officer (OADG-SZ), O/o DGAQA,

Bengaluru has been filed on 12.04.2023. Para 3 of the said affidavit reads thus:- “It is submitted that DGQA vide their letter No. 85670/Gen/DGQA/Adm-6B dated 08.01.2020 have informed that merger of JSO & SSO-III in DGQA has not been approved by DoPT and at present the case is being progressed for de-merger and awaiting decision of Ministry of Finance”.

3. Learned counsel Shri Vishnu Bhat representing the respondents submits that this proposal of the DGAQA for de- merger awaiting the decision of the Ministry of finance has been challenged by All India DGQA Naval Engineers Association AIDGQANEA Om Narain Krishnan and others before the CAT, Principal Bench in OA 3813/2022, wherein the Principal Bench has granted an Interim Order on 24.02.2023 as under:- “Status quo shall be maintained till the next day of hearing as regards the de-merger of the cadre is concerned”.

4. Learned counsel further submits that the said Interim Order has been continued from time to time and the matter is now directed to be listed for hearing. Accordingly, seeks to close this matter subject to the result of the matter pending

before the Principal Bench reserving liberty to the applicants to move before this bench, if need arises.

5. Learned counsel Shri B S Venkatesh Kumar representing the applicants has no objections for the said submissions made by the learned counsel for the respondents.

6. Considering the totality of circumstances of the case, we find considerable force in the submission made by the learned counsel for the respondents. Accordingly, OA stands closed with liberty to the applicant to move before this bench for revival of OA, depending on the result of OA No. 3813/2022, pending before the Principal Bench.

7. Reserving such liberty, OA stands closed. No order as to costs.

(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA) MEMBER (A) MEMBER (J)

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