Draft rejoinder and draft MA to be filed before CAT

Dear Members,

                          I am attaching draft rejoinder and MA for the refernce.  This will be filed soon when the full bench of the CAT meet during November.  If any thing more to be added please email me.

                          I also request members financial help to meet expenses of the advocate.

Harisuthan 

BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

O. A NO: 709 of 2013

Confederation of All India Central Government, Stenographers Associations and others		Applicants
	V
Union of India and others		Respondents

REJOINER FILED BY THE APPLICANTS IN THE ABOVE ORGINAL APPLICATION

1.    All the averments in the reply statement except which are specifically admitted hereunder are denied.

2.    The averments in para 1 and 2 are without any substance. The applicants never sought parity in the cadre structure. The applicants only sought parity in pay in equivalent cadres in CSSS and subordinate offices. A Stenographer in CSSS may get 5 to 6 promotions in his career but stenographer in subordinate services may only get 2 or 3 promotions in his career. There is no request for cadre re-structuring or parity in cadre structure. The prayer is limited to parity in equivalent cadre existing in CSSS and subordinate officers.

3.    In reply to averment in Para 3 It is humbly submitted that Grade-I stenographer in subordinate offices need to be granted grade pay of Rs 4600 for parity with CSSS. The contention that 33% of the vacancies of Private Secretaries in CSSS is filled through departmental examination is not a justification to deny equivalent pay scale to the cadre of Private Secretary at subordinate offices. At any rate, majority of the vacancies (66.63%) are filled merely based on seniority. There is no rational basis to discriminate between Private Secretaries of both cadres. The respondents should see the table at Para 11 of the Original Application which explains the gross disparity in pay scales and cadre promotions. It is submitted that Para 4 to 7 are mostly the statements of facts.

4.    In reply to the averment in Para 8 it is humbly submitted that the revision of scale of pay of Private Secretaries in the CSSS from Rs. 5500- 9000 to 6500- 10500 was announced in the year 2006 behind the back of pay commission, while the entire issue of pay revision was under its consideration. This up-gradation in fact brought disparity between the subordinate offices and CSSS. This up-gradation benefited the officials at CSSS since they got replacement scales on implementation of pay revision. The applicants and similarly placed were also entitled for the up-gradation took place in the year 2006. There is no material to conclude that the up-gradation of the year 2006 was brought to notice of the pay commission, alternatively it can be seen that pay commission spoken about parity of stenographers at CSSS with subordinate offices.

5.    In reply to averments in Para 9 it is humbly submitted that entry level stenographers at CSSS and field officers are carrying grade pay of Rs 2400/-. However there is an automating up-gradation after 5 years for those at CSSS with grade pay of Rs. 4200 but the same has been denied to those who are in field officers. Though, Steno-Grade-III is now upgraded, there is a failure to grant upgraded pay. The respondents are paying grade pay of Rs. 4600/- for those at CSSS in the Steno-Grade-II, however the same has been denied to those in the field offices in the same grade (Grade-II). Even after the merger of Grade-II and Grade-I the corresponding up-gradation in Grade-I was not granted and stenographers are still being paid corresponding replacement scale of Grade-II. The respondents would have reasonably granted the corresponding replacement scale in Grade-I. At any rate there is no justification to discriminate Stenographers Grade-II at CSSS and field offices.

6.    In reply to averments in Para 10 it is humbly submitted that the up-gradation took place in the year 2006 exclusively in favour of CSSS is the reason behind the pay disparity. The 2006 up-gradation brought Private Secretaries in CSSS in parity with senior Private Secretary in the subordinate offices. Thus, the corresponding replacement scales gave undue advantage in favour of those in CSSS and in turn discriminated stenographer’s cadre in field officers.

7.    In reply to the contentions in Para 13 to 18 are of no merit. The respondents admitted that they are in receipt of the applications submitted by the applicants.

8.    In reply to the averments in para 20 to 23 it is humbly submitted that in all the litigations referred therein, respondents disputed the claim for parity with CSSS and later had to comply on being directed by the Honourable Central Administrative Tribunal. The gist of the contentions in all those litigations are quite similar to the contentions in this particular Original Application. Inspite of seriously disputing claims for parity in the reply statement in OA 164/2009, the respondents fairly admitted the historical parity in this reply statement. After implementing the order in OA 658/2010, there is no justification to contend that they are in the process of review petition. Thus all the similarly placed officials were given parity in pay by orders of this Honourable Tribunal and the same may not be denied to the applicants.     

9.     In reply to averments in para 24 it is humbly submitted that the ministry for external affairs had sought parity for stenographers working under them, though it was not allowed by the respondents herein.

10. There is no merit in Para 24 to 26 and no justified reasons have been provided to reject the claims of the applicants.   

11. All the contentions in the reply statement are devoid of merit and Original Application is liable to be allowed with cost to this applicants.

INVERIFICATION

          I, , 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, General Secretary,  Confederation of All India Central Govt, Stenographers Associations, do hereby verify that the contents of paragraphs 1 to 11 above are true to the best of my knowledge, information and belief and that I have not suppressed any material facts. I am filling this rejoinder on behalf of the other applicant also

Place: Ernakulam                                                                    Harisuthan

Date: 16/10/2014                                                                  

                                                     V. Sajith Kumar

Counsel for the applicant

Presented on:   16.10.2014

BEFORE THE HONOURABLE CENTRAL

ADMINISTRATIVE TRIBUNAL

ERNAKULAM BENCH

                   O.A.NO. 709 of 2013

Confederation of All India Central Govt, Stenographers Associations and Others		Applicant
	V
Union of India and others		Respondents

REJOINDER FILED BY THE

APPLICANT.

               

       V. Sajith Kumar

Counsel for the Applicant

BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

O.A. No:  709  of 2013

Confederation of All India Central Government, Stenographers Associations and others		Applicants
	V
Union of India and others		Respondents

I N D E X

Sl.No.	Particulars	Page No
1	Rejoinder Statement

Dated this the 16^th day of October, 2014

V. Sajith Kumar

Counsel for the Applicant

BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH

MA. No          /2014

IN

    O.A. No: 709 of 2013

Applicants:-

1.    Confederation of All India Central Govt, Stenographers Associations, represented by the its General Secretary, 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.    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.

3.    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

4.    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.

5.    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.

6.    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.

7.    M.P.Sivakumar, S/o.C.P.Sethukumar, aged 43 years, Stenographer Grade-1, Regional Passport office, Panampillly Nagar, Cochin-36 residing at Nandanam, Nr. Yashoram Flats, Nirappathu, Chottanikkara.p.o, Eranakulam.

Respondents:-

1.    Union of India, represented by Secretary to the Government, Department of  Personnel and Training , Ministry of Personnel and Training, Government of India, New Delhi.110001.

2.    Secretary to Government, Department of Expenditure, Ministry of Finance, Government of India,    New Delhi- 110001.

MISCELLANEOUS APPLICATION FOR AMENDMENT FILED UNDER RULE 12(6) OF THE CENTRAL ADMINISTRATIVE TRIBUNAL PROCEDURE RULES 1987

Brief facts of the case:-

1.                  The original application was filed seeking to direct the respondents to give parity in pay to the applicants working as stenographers in various grades under Sub-Ordinate offices with Central Secretariat Stenographers Service w.e.f 01/01/2006 and for all consequential benefits.  

2.                  The respondents had filed a reply statement. The applicants in Steno-Grade-II is seeking grade pay of Rs. 4600/- in pay band-II for getting parity with Steno-Grade-II /C in CSSS. The Private Secretaries in subordinate offices are seeking grade pay of Rs.4800 in Pay band II. Though, these facts are pleaded and sought parity in pay, no specific prayer was made seeking replacement scale. It is highly necessary to incorporate the following are in relief ii(a).

3.                  The following been incorporated as relief ii(a)

To direct the respondents to grant parity of pay for entry level stenographers in field offices with stenographers of CSSS by granting automatic upgradations and grade pay of Rs. 4600/- for those in Steno grade-I and grade pay of Rs. 4800/- for the Private Secretaries with such automatic up-gradation as applicable stenographers of CSSS and grant all consequential benefits w.e.f 1.1.2006.

.

4.                  In the above circumstances the Honourable Tribunal may be pleased to allow the above amendment by incorporating the same as relief No.ii (a), otherwise serious prejudice will be caused to the applicant.

 Reliefs Prayed for:-

In view of the facts and for the reasons stated above, the Miscellaneous Applicant most humbly prays that this Honourable Tribunal may be pleased to allow the amendment by incorporating the following as relief No, (ii)a.   To direct the respondents to grant parity of pay for entry level stenographers in field offices with stenographers of CSSS by granting automatic upgradations and grade pay of Rs. 4600/- for those in Steno grade-I and grade pay of Rs. 4800/- for the Private Secretaries with such automatic up-gradation as applicable stenographers of CSSS and grant all consequential benefits w.e.f 1.1.2006.

IN VERIFICATION

We, (1) M. Harisuthan, General Secretary, Confederation of All India Central Govt, Stenographers Associations, 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) ) 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(3) 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. (4) 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. (5) 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. (6) 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., (7) M.P.Sivakumar,  S/o.C.P.Sethukumar, aged 43 years, Stenographer Grade-1, Regional Passport office, Panampillly Nagar, Cochin-36 residing at Nandanam, Nr. Yashoram Flats, Nirappathu, Chottanikkara.p.o, Eranakulam., do hereby verify that the contents in the paragraphs above are true to the best of my personal knowledge and belief and that I have not suppressed any material facts.

Place: Ernakulam                                                                                

Date:  16/10/2014                                                   1.

2. M. Harisuthan

                                                                             3. P.S. Anirudhan

                                                                             4. Liji.S.R

                                                                             5.K.P.Sreenivasan

                                                                             6.G.Ramadas

                                                                             7. M.P.Sivakumar

Applicants    

V. Sajith Kumar

Counsel for the applicant

Presented on: -  16/10/2014

BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH

   M.A NO.             OF    2014

IN

O.A. NO. 709/ 2013    

Confederation of All India Central Govt, Stenographers Associations and Others		Applicant
	v.
Union of India and Others		Respondents

MISCELLANEOUS APPLICATION FOR AMEDMENT    

------------------------------------

V.SAJITH KUMAR

COUNSEL FOR MISCELLANOUS APPLICANT