LAWS(CA)-2014-12-9

PERMIL LATA Vs. UNION OF INDIA

Decided On December 02, 2014
Permil Lata Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief: - -

(2.) IT has been stated in the OA that the applicant No. 1 was appointed as Clerk in Family Welfare Centre run by District Red Cross Society against a substantive vacant post, in the regular pay scale of Rs. 950 -1500 vide appointment letter dated 29.6.1991 by respondent No. 5 (Annexure A -1). The applicants No. 2 & 3 were appointed as ANM in Family Welfare Centre run by District Red Cross Society against substantive vacant pots, in the regular pay scale of Rs. 950 -1500 vide appointment letters dated 18.06.1991 and 28.4.1994 respectively (Annexures A -2 and A -3). The applicants have been associated with the respondent society since more than 20 years and they have been paid their salaries on the pattern of pay scales as provided by the Haryana Government which included revision of their pay scales upto 5th Pay Commission.

(3.) IN support of the claim of the applicants, it has been stated that the matter regarding pay scales was considered by the Executive Committee meeting held on 1.8.2011 under the Chairmanship of the President, District Red Cross Society, Ambala when it was decided that ACP scales would be provided to all the employees of the District Red Cross Society, Ambala (Annexure P -5). In another case titled Raj Kumari v. District Red Cross Society, Civil Suit No. 448 -CS of 2005 was decreed and the learned Judge directed the respondent Society to pay the arrears of her ACP Scales w.e.f. 01.01.1998 to 31.05.2004, the date of her retirement in accordance with law alongwith interest @ 6% per annum from the date it became due till its realization (Annexure P -6). Despite clear and specific rules and instructions regarding granting benefits of instalments of dearness allowance and annual salary increments, benefit of C.P.F. alongwith G.I.S. deductions, ACP -1, ACP -2 and pay revision as per 6th Pay Commission recommendations to its employees who have completed requisite number of years for becoming eligible for grant of said benefit the applicants have been denied the same till date despite the fact that they have already completed requisite number of years in the service of District Red Cross Society. The similarly situated employees of the District Red Cross Society are getting all these benefits. The applicants had submitted several representations in this regard but to no avail (Annexure A -7).