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Judgment
V. Ajay Kumar, J
MA No.3854/2014
For the reasons stated therein, the MA for joining together in a single application is allowed.
MA No. 3855/2014
In the circumstances and for the reasons mentioned therein, the MA seeking condonation of delay in filing the OA is allowed.
MA No.3856/2014
The MA filed for seeking exemption from filing translated copies of dim annexures is also allowed.
OA No.4393/2014
The applicants, 2 in number, and retired as Demonstrators from the respondent-Army Cadet College, Indian Military Academy, Dehradun, filed the OA seeking the following reliefs:-
"8.1 That the Hon'ble Tribunal may be graciously pleased to allow the OA and quash the following impugned order dated 14.08.2012 (Annexure A-1) and further be pleased to direct the respondent to fix the pay of the applicants in the revised pay scales on the basis of the pay which had been fixed and the applicants had been drawing in the grade of Rs.500-900 as on 01.01.1986 as per the Ministry of Defence Circular dated 02.04.1993 and formula fixed for pay fixation in the revised pay scales.
8.2 That the Hon'ble Tribunal may further be graciously pleased to direct the Respondents to fix the pay as was worked out according to the aforesaid formula vide their letter dated 13.01.1999 and give all consequential benefits, including recalculation of pensionary benefits as also arrears with interest thereon.
8.3 That the Hon'ble Tribunal may be graciously pleased to grant any other or further relief which the Hon'ble Tribunal may deem fit and proper on the facts and circumstances of the case.
8.4. That the Hon'ble Tribunal may be further graciously pleased to grants the cost of the proceedings in favour of the applicants".
Heard Mrs. Meenu Mainee, learned counsel for the applicants and Shri M.S. Reen, learned counsel for the respondents and perused the pleadings on record.
Shri M.S. Reen, learned counsel appearing for the respondents submits that the OA is liable to be dismissed as the relief claimed in the instant OA is same as that of the relief claimed in OA No.446/2014 filed by the applicants. However, Mrs. Meenu Mainee, the learned counsel appearing for the applicants vehemently opposed the said submission by stating that in OA No.446/2014 the order challenged was dated 06.08.2014 whereunder the claim of the applicants to grant the UGC pay scale of Rs.2200-4000/Rs.8000-13,500 w.e.f. 13.08.1993 and 15.12.1994 respectively as against the date of 01.01.2002 was denied and whereas in the instant OA, the applicants challenged the order dated 14.08.2012 which was passed in compliance of the orders of this Tribunal dated 02.05.2012 in OA No.1559/2007.
A careful examination of the pleadings in both the OAs and the claim of the applicants reveals that in both the OAs, the applicants questioned the very same action of the respondents in fixing the pay of the applicants at Rs.1740/- w.e.f. 01.01.1986 in the scale of Rs.1740-3000 and granting the Personal Pay of Rs.2200-4000 w.e.f. 01.01.2002 on completion of 16 years of service in the said pay scale in terms of para 7 of the Government of India, Ministry of Defence letter dated 02.04.1993 as was done in the case of Lecturers of the respondent-College. In this view of the matter, we accept the submission made on behalf of the respondents that though the impugned orders in both the OAs were different, but the ultimate result and effect of both the orders is one and the same. Therefore, the instant OA also deserves to be dismissed for the same reasons, as mentioned in O.A. No. 446/2014, which is dismissed, by way of separate order, today.
In the circumstances and for the aforesaid reasons, the OA is dismissed, being devoid of any merit. No costs.
Let a copy of the judgment in OA No.446/2014 shall be annexed to this order.