caicgsablog: Original OA filed in CAT,Ernakulam

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

M. Harisuthan and Others		Applicants
	V
Union of India and others		Respondents

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

M. Harisuthan and Others		Applicants
	V
Union of India and others		Respondents

I N D E X

Sl .No.	Particulars	Page Nos.
COMPILATION NO. I
1	Synopsis
2	Original Application
COMPILATION NO. II
3	Annexure A1- A true copy of the relevant pages of the Notification dated 16/7/2011 published by the Staff Selection Commission
4	Annexure A2- A true copy of the Arbitration Award
5	Annexure A3- A true copy of the relevant pages of the recommendations of the VI^th CPC
6	Annexure A4 - A true copy of the note submitted before the 6^th Central pay Commission

Dated this the 29^th day of June 2013

V. Sajith Kumar

Counsel for the Applicant

For the use in the Tribunal Office :

Date of Filing :

Date of Receipt by Post :

Registration No. Signature of the Registrar

BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

O.A. No: ___________________/2013

M. Harisuthan and Others		Applicants
	V
Union of India and others		Respondents

SYNOPSIS

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).

.LIST OF DATES

Date	Events
30/09/1997	Ministry of Finance accepted the same by notification vide GSR/569/(E)
25/09/2006	Implementations of 6th pay commission as per order without consider the pre existing facts of pay equal.
16/7/2011	The relevant pages of the Notification published by the Staff Selection Commission

Dated this the 29^th 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 1^st respondent is produced here with and marked as Annexure A2.

7. It is submitted that 5^th 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 5^th 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 5^th 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 6^th 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 1^st 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 1^st 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 6^th pay commission. The 6^th Pay commission also recognized in principle the pay parity between stenographers of CSSS and filed offices. The 6^th 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 6^th pay commission. However, the same was not reflected in the pay revisions orders A true copy of the relevant pages of the 6^th 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 6^th pay commission not taken care of while implementing the recommendations of the 6^th pay commission. Similarly, the merger of various grades in the Sub-ordinate offices also worked to their disadvantage. The anomaly after the implementation of 6^th pay Commission Report can be demonstrated as per the table below.

Existing Pay structure/ Grade Pays in the CSSS/ Attached Offices & Field/Subordinate Office

1. STENOGRAPHERS OF THE CENTRAL SECRETARIAT & ATTACHED OFFICES			2. STENOGRAPHERS-NON-SECRETARIAT: SUBORDINATE/ FIELD OFFICES
Entry level	Steno.Gr. D	Rs.2400/-	Steno Gr. D/III	Rs. 2400/-
Upgradation in the same post as Steno. Gr. D after 5 years of service (automatic)	Steno.Gr. D	Rs.4200/-	Although the Steno. Gr. III post is now upgraded to Steno. Gr. II (new), no upgraded grade pay is given.	Rs. 2400/-
Next promotion	Steno.Gr.II/C	Rs.4600/-	Grade-II&I (Erstwhile posts) (2 promotions received in the old pattern are merged)	Rs. 4200/-
Next promotion	PS	Rs.4800/-	PS	Rs. 4600/-
Next promotion	Automatic upgradation to Rs. 5400/- after 4 years	Rs.5400/-	No such upgradation
Next Upgradation	PPS	Rs.6600/-	Sr. PS (only one post exist in few departments)	Rs. 4800/-
Next promotion	Sr. PPS	Rs.7600/-	No such post exists

12. It is submitted that the confederation of All India Central Govt. Stenographers Association was heard by the 5^th 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 6^th pay commission also. A true copy of the note submitted before the 6^th 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 1^st 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 21^st 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 5^th and 6^th 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 10^th 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 VI^th 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 29^th 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

O. A. NO: /2013

Miscellaneous Applicants :-

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.

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

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.

Saturday, 19 July 2014

Original OA filed in CAT,Ernakulam

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