BRIJESH KUMAR SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

(2.) The Petitioners are challenging the order dtd. 14/03/2023 passed by the Member, Central Administrative Tribunal, Mumbai Bench, Mumbai, in Miscellaneous Application No. 647 of 2021 for condonation of delay, which is dismissed, resulting in dismissal of Original Application No. 655 of 2021.

(3.) The Petitioners belong to 58 to 62 Apprentice batch, who were appointed as Skilled Workers in the Naval Dockyard, Mumbai on 21/07/1997. Under a common Judgment and Order passed by the Central Administrative Tribunal, Mumbai Bench, Mumbai, dtd. 16/06/2003, the Respondents were directed to re-consider the grading given to Petitioners having regard to marks secured in final examination of apprenticeship and accordingly re-allocate them from the date of appointment with consequential benefits. On 10/04/2008, this Court dismissed the batch of writ petitions filed by the Respondents against the said common Judgment dtd. 16/06/2003. The Petitioners thereafter approached the Tribunal by filing the Contempt Petitions against the in-action of the Respondents and the said Contempt Petitions were disposed of on 30/04/2010 by directing the Respondents to immediately obtain required sanction from the Ministry of Defence and disburse the amount as per calculations within a period of two months. In January/February, 2012, the Respondents complied with the order dtd. 16/06/2003 passed by the Tribunal, however belatedly. The 118 persons, who were original Applicants before the Tribunal and who were similarly situated with the Petitioners, approached the Tribunal by filing Original Application No. 76 of 2014 for recovery of interest at the rate 18% per annum on the delayed payment. On 26/06/2019, the Tribunal allowed said O.A. No. 76 of 2014 of similarly situated persons, directing the Respondents to pay interest at the rate applicable on GPF with effect from January, 2004 till January, 2011. In January-February 2021, the Petitioners made representations to the Respondents for payment of interest on the same lines, being from the same batch and governed by the same principle. The Respondents rejected the representations by passing orders dtd. 02/02/2021, 05/02/2021 and 15/05/2021. The Petitioners filed present O.A.No. 655 of 2021 along with delay condonation Application, which was opposed by the Respondents. Ultimately the Tribunal has passed the impugned order.