Dear Viewers/members
As suggested by our members, I am attaching copy of OA for the information and preparing the reply to counter affidavit. In hearing held on 15-7-2014 the CAT asked the DOPT to submit the counter affidavit within 10 days again as it was not submitted as per CAT procedure. the contents will be same and asked our counsel to submit reply within 2 weeks on submitting the DOPT and the final hearing (probably) is fixed on 17-9-2014. All are requested to help me in filing the reply in time with valuable suggestions and materials. It is also requested to get me if any order of DOPT exits about the duties of stenographers both Sectt. and Non-Sectt.
All are requested to donate genourously to our confed account published in the blog to meet the court expenses.
M.Harisuthan,Secretary general
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Presented
on: 29.06.2013
BEFORE
THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
.
O.A.No: /2013
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M. Harisuthan and
Others
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Applicants
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V
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Union of India and others
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Respondents
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ORIGINAL
APPLICATION FILED UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985
V.Sajith
Kumar
Counsels
for the Applicant
(Sub:)
BEFORE THE HONOURABLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
O.A. No: ___________________/2013
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M. Harisuthan and
Others
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Applicants
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V
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Union of India and others
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Respondents
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I N D E X
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Sl .No.
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Particulars
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Page Nos.
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COMPILATION NO. I
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1
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Synopsis
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2
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Original
Application
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COMPILATION NO. II
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3
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Annexure A1-
A true copy of the relevant pages of the Notification dated 16/7/2011
published by the Staff Selection Commission
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4
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Annexure A2-
A true copy of the Arbitration Award
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5
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Annexure A3-
A true copy of the relevant pages of the recommendations of the VIth CPC
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6
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Annexure A4 -
A true copy of the note submitted before the 6th Central pay
Commission
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Dated this the 29th day of
June 2013
V. Sajith
Kumar
Counsel for the Applicant
For the
use in the Tribunal Office :
Date of Filing :
or
Date of Receipt by Post :
Registration No. Signature of the Registrar
BEFORE THE HONOURABLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
O.A. No: ___________________/2013
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M. Harisuthan and
Others
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Applicants
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V
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Union of India and others
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Respondents
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SYNOPSIS
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The applicants are
working as Stenographers Grade I, II and Private Secretaries with various
field offices and are aggrieved by the inaction on the part of the
respondents in considering their claim of pay parity with their
counterparties in Central Secretariat stenographers Service (CSSS).
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.LIST OF DATES
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Date
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Events
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30/09/1997
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Ministry
of Finance accepted the same by notification vide GSR/569/(E)
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25/09/2006
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Implementations of 6th pay
commission as per order without consider the pre existing facts of pay equal.
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16/7/2011
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The relevant pages of the
Notification published by the Staff Selection Commission
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Dated this the 29th day
of June2013
V.
Sajith Kumar
Counsel
for the Applicants.
BEFORE THE HONOURABLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
O.A. No: ___________________/2013
Applicants:-
1. M.
Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno Grade D,
Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001, residing at
Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O, Enathu,
Pathanamthitta- 691526.
2. Liji S. R,
D/o V. Raghunathan, aged 39 years, Stenographer Grade “D”/ GR.III, O/o The
Commissioner of Central Excise & Customs, ICE Bhavan, Press Club Road,
Trivandrum- 695001, residing at Ketharam, TC 43/666(2), NKRA- 50,
Neelattinkara, Kamaleswaram, Manacaud (PO), Trivandrum- 695009.
3. K.P.
Sreenivasan, S/o Late V.K. Parameswaran, aged 46 years, Stenographer Grade “D”/
GR.III, O/o The Commissioner Income Tax (Appeals), Aayakar Bhavan, Mananchira,
Kozhikode- 673001, residing at Sreenidhi, Near Pisharikav Temple, Edakkad, PO
West Hill, Kozhikode- 673005.
4. G.
Ramadas, S/o N. Gopalachar, aged 53 years, Steno Grade D, Stenographer State,
O/o The National Commission For SCs, Min. of Social Justice & Empowerment,
Government of India TC 24/547(1) Opp. Thycaud HPO, Thycaud, Trivandrum- 695014,
residing at Guru Priya, ENRA 20, TC 36/663, Enjackal, Vallakkadavu P. O,
Trivandrum- 695008.
5. P.S.
Anirudhan, S/o P. Sreedharan, aged 48 years, Stenographer Grade ‘D’, O/o The
Principal Accountant General (SGSA). Audit Bhavan, AG’s Office P. O, Statue,
M.G. Road, Thiruvananthapuram- 695001, residing at Goutham Vihar, Punukkannur,
Perumpuzha P. O, Kollam- 691504.
6. E.
Sukumaran, S/o Late K.P.K. Nair, aged 60 years, Stenographer Gr. III,
Stenographer (Retd) Office of Sr. Superintendent of P.Os, Thrissur- 680001,
residing at ‘Madhavam’, P. O. Palappuram, Ottapalam- 679103.
7. K.K.
Vijayan, S/o Late Karippil Kochukutty, aged 60 years, MSME Development
Institute, Ministry of MSME, Government of India, Kanjany Road, Ayyanthole P.
O, Thrissur- 680003, residing at Pranavam, Near Surya Stores, Pudurkara,
Ayyanthole P. O, Thrissur- 680003.
Respondents:-
1.
Union
of India, represented by Secretary to Government, Ministry of Personnel and
Training, Government of India, New Delhi-110001.
2. Government
of India, represented by Secretary to Government, , New Delhi- 110001.
ADDRESS FOR SERVICE
All process and other notices to the
applicant may be served on his counsel V. Sajith Kumar Advocate, Pranavam
Chambers, M-.M Road, Cochin-14 and those to the respondents may be served on
their addresses shown above.
DETAILS
OF APPLICATION
1.
PARTICULARS OF THE ORDER AGAINST WHICH THE APPLICATION IS FILED.
Nil
2. JURISDICTION OF THE TRIBUNAL
The applicants declare that the
subject matter of the application is within the jurisdiction of the
Administrative Tribunal.
3.
LIMITATION.
The
applicants further declare that the application is within the limitation period
prescribed under Section 21 of the Administrative Tribunals Act, 1985.
4. FACTS OF THE CASE.
1.
The
applicants 1 to 4 working as Stenographers Grade-D with Sub-ordinate/field
offices under various Central government offices and the applicants 5 to 7
retired as stenographers Grade-D are aggrieved by the inaction on the part of
the respondents in considering their claim of pay parity with their
counterparties in Central Secretariat stenographers Service (CSSS) w.e.f.
1/1/2006.
2.
The
recruitments to the Stenographers of the Central Secretariat and Attached
offices as well as Non Secretariat; Sub-ordinate/Field offices are mostly made
through Staff Selection Commission (SSC). The Staff Selection Commission conducts
examination for selection to the posts of stenographers towards Central
Secretariat Service (CSSS) and to the field offices of the Central Government.
Sometimes, parents departments will be authorized to conduct the selection in
the same pattern being by the Staff Selection Commission. The Stenographers to
the Central Secretariat Service and the field office are required to have the
same educational qualification and to fulfill the same recruitment
criteria.
3.
The
common notification gives an option to seek preference to work either at
Central Secretariat stenographer Service or else at subordinate offices under
Government of India. The appointments are made from a common rank list based
purely on the option submitted by the candidate.
4.
It
is submitted that there was historical pay parity between Stenographers of
Central Secretariat Service and field offices. The opportunity for promotion in
the Central Secretariat stenographers’ Service is much brighter than field
offices. The entry grade of Steno Grade D is attached with Grade pay of Rs.
2400/- in field offices and Secretariat Service alike. On completion of 5 years
a Stenographers Grade D in the Secretariat Service are given Grade pay of Rs.
4200/- on the same post. However, the Stenographers in the field offices are
totally ignored and remain to draw the initial Grade Pay only. The
Stenographers at Central Secretariat Service will reach the post of Sr. Private
Secretary with grade pay of 7600/-. However, the Stenographers at field
officers have to be satisfied with the post of Sr. Private Secretary with grade
pay of 4800/-.
5.
The
applicant’s grievance is not on the chance of promotion but the gross
discrimination in granting Grade Pay in the similar grades. There was parity
all through out. The attempt to discriminate between stenographers of field
offices and Central Secretariat Service had resulted in various litigations,
ultimately ruling in favour of Stenographers in field offices. The dispute as
regards pay parity between stenographers of CSSS and filed offices was once
referred to arbitration ruling in favour of persons like applicant. The scale
of pay of similarly placed stenographers in CSSS was granted to the
stenographers of the Sub-Ordinate offices w.e.f 1/1/1986. A true copy of the
arbitration award dated 18/8/1989 is produced herewith and marked as Annexure A1.
6.
It
is submitted that the applicants were getting pay parity from 1986 onwards. Though
request of time bound upgradation as in CSSS was not acceded with, pay parity
with corresponding cadre in CSSS was totally approved. Since then, there was parity between CSSS and
that of Stenographers of field offices. The Annexure A1 award was implemented
by the respondents with effect from 1/1/1986. A true copy of the OM.No. 7(18)-E
111/81 dated 4/5/1990 issued by the 1st respondent is produced here
with and marked as Annexure A2.
7.
It
is submitted that 5th Pay Commission had removed certain anomalies
and disparity which existed in between Private Secretaries in the Subordinate
Office with Pay Scale of Rs.2000-3200 and the Private Secretary at Secretariat
service with pay scale of Rs. 2000- 3500 and both scales were merged and a
common scale for both cadres with scales of pay of Rs. 6500 – 10500 was
recommended and got accepted by Government of India, Ministry of Finance and
implemented the same by notification vide GSR/569/(E) dated 30/09/1997.
Similarly the pre-revised scale of Rs. 1640 – 2900 drawn by Stenographer’s
Grade I of the Sub-ordinate service and Grade C of Secretariat Service were respectively
revised to Rs. 5500 – 9000. Thus the 5th Pay Commission taken note
of early litigations, award of 1989 etc and fully appreciated the parity
between Subordinate Offices and CSSS.
8.
The
pay parity was in force after the implementation of the 5th pay commission.
The disparity was surfaced when an upgradation of pay was granted to the
Stenographers Group C by the government behind the back of 6th pay
commission as per order dated 25/09/2006. The order failed to take care of pre
existing facts of equal pay between stenographers in CSSS and filed
offices. As per the said order pay of
stenographers Grade C was upgraded from Rs. 5500 – 9000 to Rs. 6500 – 10500. A
true copy of the order No. 25/9/2006 issued on behalf of the 1st
respondents is produced here with and marked as Annexure A3 .
9.
Similarly
the Private Secretaries in CSSS with pay scale of Rs. 6500 – 10500 were given
upgradation to the Pay scale of Rs. 8000 – 13500 by order dated dated
24/6/2005. All those who completed 4 years were given such a financial
upgradation. A true copy of the order No F.No. 10/3/2004-CS.II(Pt.I) dated
24/6/2005 issued on behalf of the 1st respondent is produced here
with and marked as Annexure A4.
10. However there was no corresponding up
gradation with respect to the Private Secretaries and Stenographers of
Subordinate Service. This has created an anomalous situation between the
similarly placed employees. The revision
of corresponding pay scales put the Stenographers of CSSS in a higher pay
scales bringing disparity. Such enhancements were granted simultaneous with
constitution of 6th pay commission. The 6th Pay
commission also recognized in principle the pay parity between stenographers of
CSSS and filed offices. The 6th pay commission had recommended
parity between the two groups by bringing appropriate upgradation to the
Stenographers of field offices. The request made by the Association of the
applicants was virtually accepted by the 6th pay commission.
However, the same was not reflected in the pay revisions orders A true copy of
the relevant pages of the 6th pay commission report is produced here
with and marked as Annexure A5.
11. However the up gradation given unilaterally to
the section of employees just before the constitution of the 6th pay
commission not taken care of while implementing the recommendations of the 6th
pay commission. Similarly, the merger of various grades in the Sub-ordinate
offices also worked to their disadvantage. The anomaly after the implementation
of 6th pay Commission Report can be demonstrated as per the table
below.
Existing Pay structure/ Grade Pays in the
CSSS/ Attached Offices & Field/Subordinate Office
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1. STENOGRAPHERS OF
THE CENTRAL SECRETARIAT & ATTACHED OFFICES
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2.
STENOGRAPHERS-NON-SECRETARIAT:
SUBORDINATE/ FIELD OFFICES
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Entry
level
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Steno.Gr.
D
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Rs.2400/-
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Steno
Gr. D/III
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Rs.
2400/-
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Upgradation in
the same post as Steno. Gr. D after 5 years of service (automatic)
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Steno.Gr.
D
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Rs.4200/-
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Although the Steno. Gr. III post is now
upgraded to Steno. Gr. II (new), no upgraded grade pay is given.
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Rs.
2400/-
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Next promotion
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Steno.Gr.II/C
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Rs.4600/-
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Grade-II&I (Erstwhile posts) (2 promotions
received in the old pattern are merged)
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Rs.
4200/-
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Next
promotion
|
PS
|
Rs.4800/-
|
PS
|
Rs.
4600/-
|
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Next
promotion
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Automatic upgradation to Rs. 5400/- after 4
years
|
Rs.5400/-
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No
such upgradation
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Next
Upgradation
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PPS
|
Rs.6600/-
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Sr. PS (only one post exist in few
departments)
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Rs.
4800/-
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Next
promotion
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Sr.
PPS
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Rs.7600/-
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No
such post exists
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|
12. It is submitted that the confederation
of All India Central Govt. Stenographers Association was heard by the 5th
pay Commission resulting in absolute parity in between both streams of
stenographers. They were given advance notice by the Commission and all the
materials were presented before the commission. Similarly the grievances were
brought to the notice of the 6th pay commission also. A true copy of
the note submitted before the 6th Central pay Commission is produced
herewith and marked as Annexure A6.
13. Meanwhile, various departments had
sought suggestions from the employees for resolving their grievances. In
response to the letter issued by the Income Tax department a comprehensive
request was submitted before the cadre review committee. A true copy of the
submission dated 2/2/2009 submitted by the applicant before the, Member
Secretary, Cadre Review Committee is
produced here with and marked as Annexure
A7.
14. The Association of the applicants had
sought restructuring of stenographer’s service in the same pattern as in CSSS.
They also sought similar scale of pay.
The pay commission had recommended parity in pay though not specific on
restructuring in par with CSSS. It is submitted that equal pay for equal work
is a well recognized principle. The parity of pay between the Stenographers of
subordinate service and CCSS is recognized by all Pay Commission Reports. There
is no justification in denying pay parity to the applicants. The Association
was taking up the matter regularly with the respondents. A true copy of the
representation dated 23/4/2012 submitted by the Confederation of All India
Central Govt. Stenographers Association is produced here with and marked as Annexure A7.
15. The applicants had personally
represented the matter before the competent authorities. They had sought parity
in pay with their counter parts in CSSS. They reminded authorities about the
historical parity in pay being enjoyed by them for decades together. A true
copy of the representation dated 24/9/2012 submitted by the 1st
applicant is produced here with and marked as Annexure A8.
16. All the applicants and other
stenographers in service had submitted similar representations to the
respondents. The stenographers in the Sub-Ordinate offices constitute a
separate cadre outside their parent department. It is submitted that the
Applicants have taken up the grievances before the competent authorities
several times. The Applicants were promised amicable settlement in lieu of Pay
Commission recommendation and Arbitration Award. However, the matter is yet to
be settled. Actions on the part of the respondents are unjust and unfair.
17. The Stenographers of various
Sub-Ordinate offices had approached various Central Administrative Tribunals
and the directions were given to extend pay parity. The request for pay parity
by the Stenographers of AIIMS was allowed by the Honourable CAT, Principal
Bench in OA 3052/2009 by order dated 19/2/2010. A true copy of the order of the
order dated 19/2/2010 by the Honourable CAT, Principal Bench in OA 3052/2009 is
produced herewith and marked as Annexure
A9.
18. Similarly the prayers of the stenographers of
the CAT was raised in OA 164/2009 before the principal Bench It was held that
decision of the government to deny grade pay of Rs. 4800 IN pb-2 AND Grade Pay
of Rs, 5400 in PB-3 etc as arbitrary. A true copy of the order dated ---- in OA 164/2009 is produced here with and
marked as Annexure A10.
19. The Stenographers of Railway had
approached the Honourable CAT Madras Bench seeking extension of Benefits in OA
164/2009. There was a direction to consider and pass a speaking order on the
claim made by the applicants. However on rejection of Claim, the order was
challenged in OA658/2010 and it was allowed by order dated 5/6/2012. A true
copy of the order dated 5/6/2012 in OA 658/2010 of the CAT, Madras Bench is produced
here with and marked as Annexure A11.
20. This Honorable CAT also considered
similar matter in OA 314/2010 and allowed the same directing parity in pay. A
true copy of the order dated 21st October 2011 of the Honourable CAT
Ernakulum Bench is produced here with and marked Annexure A12.
21. It is submitted that the applicants
alone are discriminated. Inspite of CAT directions on pay parity in respect to various
Sub-Ordinate offices, benefits were restricted to the applicants therein.
Actions on the part of the respondents are highly unjust and arbitrary.
5.GROUNDS
FOR RELIFE
A.
The
Applicants working as stenographers in the Sub-Ordinate offices are aggrieved
by the inaction on the part of the respondents for refusing to consider the
claims for retention of historical party in pay with that of Stenographers of
Central Secretariat Service. The
applicants, the stenographers in the subordinate offices, and stenographers of
Central Secretariat service were enjoying historical parity in pay in various
grades. This was recognized by the reports of the 5th and 6th
Pay Commissions as well as 1986 Award.
Inspite of the same, the applicants were denied parity in pay without
justifiable reasons. Actions on the part of the respondent are unjust and
unfair.
B.
Equal
pay for equal work, is an abstract doctrine in consonance with principle of
equality enshrined under article 14 of Constitution of India. A hostile
discrimination, and which is illogical, irrational and illegal and in a case
where there is no intelligible differentia which has a reasonable nexus with
the object sought to be achieved will not pass the test of reasonableness.
Similarly placed incumbents can not be discriminated in the matter of pay scale
as held in Noida Enterprises Association V/s Noida Authority, 2009(1) SCC(L
& S) 672. Similar view was taken by the Hon’ble Principle Bench of the CAT
in OA 164/2009 by its order dated 19/2/2009.
C.
The
applicants and the Stenographers of Central Secretariat were recruited through
the same selection procedures by the Staff Selection Commission or as
authorized by them. They, having passed the same examination based on same
eligibility condition and doing same nature of work, are entitled to be treated
equally. In this case Pay Commission recommended parity of pay. Therefore,
denial of pay scale on flimsy, arbitrary and irrelevant grounds not only
violates directive principles of the State Policy but it will be also be malafide and violative of Article 14 to Article 16 of the Constitution of
India.
D.
The
tables produced in the statement above substantiate the historical parity
enjoyed by the Stenographers of the subordinate offices and the Secretariat
Service. The word ‘historical’ has been defined by the Concise Oxford
Dictionary 10th edition as “belonging to or set in the past.” The
historical parity would be when it is established as an obligation to one who
is claiming parity of pay scales with
class or category had been situated in past at par in the equivalent pay scale
with counterparts with whom such parity is claimed. The above fact is clearly established in the
table provided and it is highly necessary that historical parity in pay is
restored and applicants are granted with benefit following of the same. Actions
on the part of the respondents are highly unjust and discriminatory.
E.
The
pay commission had recommended parity in pay. The government cannot reject the
recommendations without sufficient reasons. The pay commission report though
not binding had to be accepted and implemented in accordance with law. As held
in State of Punjab Vs. Amar Goyal 2005 SCC(L&S) 910, once pay commission
recommendations are accepted, the benefit of pay commission on the doctrine of
equal pay for equal work cannot be denied to the categories covered under the
recommendations.
F.
The
principle of parity recommended by the VIth CPC has been accepted by the
Government as on earlier occasion wide award of arbitration 1986. However, it
is neither carried forward nor sustained in subsequent revision of pay scale of
the respective cadres. This again and again proves to be highly vexaction to
the applicants of the subordinate service, though no fault of their own. They
are entitled to the benefit for parity with effect from 1.1.2006, the date of
implementation of the VIth CPC Report at par with CSSS. The grievance is in relation to pay parity and
there is recurring cause of action. Actions
on the part of the respondents are highly unfair and discriminatory.
6. DETAILS OF REMEDIES EXHAUSTED.
No other statutory remedy.
7.
MATTERS NOT PREVIOUSLY FILED OR PENDING BEFORE ANY OTHER COURT.
The applicants further
declare that the applicant has not filed any application, writ petition or
suit, regarding the matter in respect of which the application is made, before
any court or any other authority or any other bench of this Tribunal nor any
such application writ petition or suit is pending before any of he courts.
8.
RELIEF (S) SOUGHT
In view of the facts mentioned above
the applicant prays for the following relief(s):
(i)
To
declare that applicants in the stenographer Grade . and --- is entitled to
parity in pay with that of stenographers – and – in the CSSS.
(ii)
To
direct the respondents to give parity in pay to the applicants 1 to – in the
Scale of pay with grade pay of ----------and grant consequential benefits.
(iii)
Grant
such other reliefs as may be prayed for and as the Court may deem fit to grant,
and
(iv)
Grant
the cost of this Original Application.
9.
INFRIM ORDER IF ANY PRAYED FOR :
Pending the final decision of the
application the applicant seeks issue of the following order:-
To direct the respondents to
provisionally fix the applicants in parity with that of stenographers in CSSS.
10.
NOT APPLICABLE
11.
PARTICULARS OF THE POSTAL ORDER IN RESPECT OF APPLICATION FEE
1. No. of the Indian
Postal Order :
2.Date of issue of the
Postal Order :
3. Name of issuing Post
Office : Kaloor Post office, E.K.M.
4. Post Office at which
payable : H.P.O.,Ernakulam.
12.
LIST OF ENCLOSURES
1. Annexure A1 – A4
2.Vakkalath
3.Envelops with Acknowledgement
Cards
4. Postal Order for Rs.
50/-
IN VERIFICATION
We, (1) M. Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno
Grade D, Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001,
residing at Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O,
Enathu, Pathanamthitta- 691526. (2) Liji S. R, D/o V. Raghunathan, aged 39
years, Stenographer Grad “D”/ GR.III, O/o The Commissioner of Central Excise
& Customs, ICE Bhavan, Press Club Road, Trivandrum- 695001, residing at
Ketharam, TC 43/666(2), NKRA- 50, Neelattinkara, Kamaleswaram, Manacaud (PO),
Trivandrum- 695009. (3) K.P. Sreenivasan, S/o Late V.K. Parameswaran, aged 46
years, Stenographer Grad “D”/ GR.III, O/o The Commissioner Income Tax (Appeals),
Aayakar Bhavan, Mananchira, Kozhikode- 673001, residing at sreenidhi, Near
Pisharikav Temple, Edakkad, PO West Hill, Kozhikode- 673005. (4) G. Ramadas,
S/o N. Gopalachar, aged 53 years, Steno Grade D, Stenographer State, O/o The
National Commission For SCs, Min. of Social Justice & Empowerment,
Government of India TC 24/547(1) Opp. Thycaud HPO, Thycaud, Trivandrum- 695014,
residing at Guru Priya, ENRA 20, TC 36/663, Enjackal, Vallakkadavu P. O,
Trivandrum- 695008. (5) P.S. Anirudhan, S/o P. Sreedharan, aged 48 years,
Stenographer Grade ‘D’, O/o The Principal Accountant General (SGSA). Audit
Bhavan, AG’s Office P. O, Statue, M.G. Road, Thiruvananthapuram- 695001,
residing at Goutham Vihar, Punukkannur, Perumpuzha P. O, Kollam- 691504. (6) E.
Sukumaran, S/o Late K.P.K. Nair, aged 60 years, Stenographer Gr. III,
Stenographer (Retd) Office of Sr. Superintendent of P.Os, Thrissur- 680001,
residing at ‘Madhavam’, P. O. Palappuram, Ottapalam- 679103. (7) K.K. Vijayan,
S/o Late Karippil Kochukutty, aged 60 years, MSME Development Institute,
Ministry of MSME, Government of India, Kanjany Road, Ayyanthole P. O, Thrissur-
680003, residing at Pranavam, Near Surya Stores, Pudurkara, Ayyanthole P. O,
Thrissur- 680003., do hereby verify that the contents of para 1 to 12 above
are true to be best of our knowledge, information and belief that I have not
suppressed any material facts.
Dated this
the 29th day of june 2013
Place: Ernakulam
Date:
29/06/2013
Applicants
1.
M. Harisuthan
2.
Liji S. R
3.
K.P. Sreenivasan
4.
G. Ramadas
5.
P.S. Anirudhan
6.
E. Sukumaran
7.
K.K. Vijayan
V.SAJITHKUMAR
Counsel for the applicant
BEFORE THE HONOURABLE CENTRAL
ADMINISTRATIVE TRIBUBAL
ERNAKULAM
BENCH
M.
A. No: /2013
IN
O.
A. NO: /2013
Miscellaneous
Applicants :-
1. M.
Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno Grade D, Stenographer
O/o the Sr. Superintendent of Post, Kollam – 691001, residing at Nadukunnil,
Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O, Enathu, Pathanamthitta-
691526.
2. Liji S. R,
D/o V. Raghunathan, aged 39 years, Stenographer Grad “D”/ GR.III, O/o The
Commissioner of Central Excise & Customs, ICE Bhavan, Press Club Road,
Trivandrum- 695001, residing at Ketharam, TC 43/666(2), NKRA- 50,
Neelattinkara, Kamaleswaram, Manacaud (PO), Trivandrum- 695009.
3. K.P.
Sreenivasan, S/o Late V.K. Parameswaran, aged 46 years, Stenographer Grad “D”/
GR.III, O/o The Commissioner Income Tax (Appeals), Aayakar Bhavan, Mananchira,
Kozhikode- 673001, residing at sreenidhi, Near Pisharikav Temple, Edakkad, PO
West Hill, Kozhikode- 673005.
4. G.
Ramadas, S/o N. Gopalachar, aged 53 years, Steno Grade D, Stenographer State,
O/o The National Commission For SCs, Min. of Social Justice & Empowerment,
Government of India TC 24/547(1) Opp. Thycaud HPO, Thycaud, Trivandrum- 695014,
residing at Guru Priya, ENRA 20, TC 36/663, Enjackal, Vallakkadavu P. O,
Trivandrum- 695008.
5. P.S.
Anirudhan, S/o P. Sreedharan, aged 48 years, Stenographer Grade ‘D’, O/o The
Principal Accountant General (SGSA). Audit Bhavan, AG’s Office P. O, Statue,
M.G. Road, Thiruvananthapuram- 695001, residing at Goutham Vihar, Punukkannur,
Perumpuzha P. O, Kollam- 691504.
6. E.
Sukumaran, S/o Late K.P.K. Nair, aged 60 years, Stenographer Gr. III,
Stenographer (Retd) Office of Sr. Superintendent of P.Os, Thrissur- 680001,
residing at ‘Madhavam’, P. O. Palappuram, Ottapalam- 679103.
7. K.K.
Vijayan, S/o Late Karippil Kochukutty, aged 60 years, MSME Development
Institute, Ministry of MSME, Government of India, Kanjany Road, Ayyanthole P.
O, Thrissur- 680003, residing at Pranavam, Near Surya Stores, Pudurkara,
Ayyanthole P. O, Thrissur- 680003.
Vs
Respondents:-
1. Union
of India, represented by Secretary to Government,
Ministry
of Finance, Government of India, New Delhi-110001.
2. Government
of India, represented by Secretary to Government, Ministry of Personnel and Training, New Delhi- 110001.
MISCELLANEOUS
APPLICATION FOR JOINT TOGETHER FILED
UNDER 8(3) of the CENTRAL
ADMINISTRATIVE TRIBUNAL PROCEDURE RULES
Brief
facts of the case:-
le to the
post inspite of the higher workload and corresponding higher TRCA
All the
applicants are similarly situated and are having identical grievances. They are seeking similar reliefs. Therefore,
in the interest of justice, this Hon’ble Tribunal may be pleased to permit the
applicants to join together in the Original Application, Otherwise serious
prejudice will be caused to the applicants.
Reliefs
Prayed for:-
In view of the facts and for the
reasons stated above, the Miscellaneous Applicants most humbly prays that this
Honourable Tribunal may be pleased to permit the applicants to join together in
the original application.
IN
VERIFICATION
We,(1) M. Harisuthan, S/o G. Madhavan Unnithan, aged 42 years, Steno
Grade D, Stenographer O/o the Sr. Superintendent of Post, Kollam – 691001,
residing at Nadukunnil, Kizhakkethil, Navaneetham, Kadika, Kaithaparambu P. O,
Enathu, Pathanamthitta- 691526. (2) Liji S. R, D/o V. Raghunathan, aged 39
years, Stenographer Grad “D”/ GR.III, O/o The Commissioner of Central Excise
& Customs, ICE Bhavan, Press Club Road, Trivandrum- 695001, residing at
Ketharam, TC 43/666(2), NKRA- 50, Neelattinkara, Kamaleswaram, Manacaud (PO),
Trivandrum- 695009. (3) K.P. Sreenivasan, S/o Late V.K. Parameswaran, aged 46
years, Stenographer Grad “D”/ GR.III, O/o The Commissioner Income Tax
(Appeals), Aayakar Bhavan, Mananchira, Kozhikode- 673001, residing at
sreenidhi, Near Pisharikav Temple, Edakkad, PO West Hill, Kozhikode- 673005.
(4) G. Ramadas, S/o N. Gopalachar, aged 53 years, Steno Grade D, Stenographer
State, O/o The National Commission For SCs, Min. of Social Justice &
Empowerment, Government of India TC 24/547(1) Opp. Thycaud HPO, Thycaud,
Trivandrum- 695014, residing at Guru Priya, ENRA 20, TC 36/663, Enjackal,
Vallakkadavu P. O, Trivandrum- 695008. (5) P.S. Anirudhan, S/o P. Sreedharan,
aged 48 years, Stenographer Grade ‘D’, O/o The Principal Accountant General
(SGSA). Audit Bhavan, AG’s Office P. O, Statue, M.G. Road, Thiruvananthapuram-
695001, residing at Goutham Vihar, Punukkannur, Perumpuzha P. O, Kollam-
691504. (6) E. Sukumaran, S/o Late K.P.K. Nair, aged 60 years, Stenographer Gr.
III, Stenographer (Retd) Office of Sr. Superintendent of P.Os, Thrissur- 680001,
residing at ‘Madhavam’, P. O. Palappuram, Ottapalam- 679103. (7) K.K. Vijayan,
S/o Late Karippil Kochukutty, aged 60 years, MSME Development Institute,
Ministry of MSME, Government of India, Kanjany Road, Ayyanthole P. O, Thrissur-
680003, residing at Pranavam, Near Surya Stores, Pudurkara, Ayyanthole P. O,
Thrissur- 680003., do hereby verify that the contents of the above
paragraphs are true to the best of our personal knowledge and belief and that
we have not suppressed any material facts.
Place: Ernakulum
Date: 29/06/2013
1. M.
Harisuthan
2.
Liji S. R
3.
K.P. Sreenivasan
4.
G. Ramadas
5.
P.S. Anirudhan
6.
E. Sukumaran
7.
K.K. Vijayan
Miscellaneous Applicants
V. Sajith Kumar
Counsel for the miscellaneous applicants
Presented on: - 29/06/2013
BEFORE
THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH.
M.A
NO: OF 2013
IN
O.A
NO: OF 2013
|
M. Harisuthan and
Others
|
|
Applicants
|
|
|
v.
|
|
|
Union of India and others
|
|
Respondents
|
MISCELLANEOUS
APPLICATION FOR JOINT TOGETHER
-------------------------------------V.
Sajith Kumar
Counsel for the Applicants.
22. A higher post of Principle Private
Secretary was created in Central Secretariat Service on the ground that such
officials are attached to Joint Secretary, Additional Secretary and Secretary
to Government of India. Similarly in the
Head of the Circle/State in the field offices like AG, Chief PMG, Chief Income
Tax Commissioner etc., holds the rank of joint Secretary to Government of
India/ Additional Secretary. However, the posts of Principle Private
Secretaries are not permitted in the field offices.
