BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI
M.A.No.........../2002
DT. 7.8.2002

IN
O.A.No.1835/2000

IN THE MATTER OF: -

INDIAN ORDNANCE FACTORIES,
GAZETTED OFFICERS’ ASSOCIATION & ANR---------------------..................APPLICANTS

-----------V/S

UNION OF INDIA & ORS.------------------------------------------.................. RESPONDENTS

INDEX

1.----COUNTER REPLY TO MISC.APPLICATION NO.............DT.7.8.2002.

2.----COPY OF THE MINUTES OF THE MEETING OF THE NATIONAL ANOMALY
----- COMMITTEE HELD ON 26^TH MAY, 2000(ANNEXURE-1)

3.----COPY OF ORDERS DT.24.4.2001 FOR TIME SCALE UPGRADATION OF
------ GROUP ‘A’OFFICERS, BASED ON 5^TH C.P.C. RECOMMENDATIONS
------ (ANNEXURE-2)

4.----COPY OF THE MISC. APPLICATION DT.7.8.2002 RECIEVED FROM
------ RESPONDENTS ON 10.8.2002. (ANNEXURE-3)

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
M.A.NO.........../2002
DT.7.8.2002
IN
O.A.NO.1835/2000

IN THE MATTER OF: -

INDIAN ORDNANCE FACTORIES,
GAZETTED OFFICERS’ ASSOCIATION & ANR---------------------..................APPLICANTS

-----------V/S

UNION OF INDIA & OTHER---------------------------------------..................RESPONDENTS

COUNTER REPLY TO THE MISC. APPLICATION DT.7.8.2002 BY RESPONDENTS FOR EXTENTION OF TIME I N IMPLEMENTATION OF THE COURT ORDERS DT. 6.2.2002 IN O.A.NO.1835/2000.

Most respectfully, parawise reply to the above enclosed application is submitted herewith for kind orders from the Hon’ble Court: -

1. Need no comments.
2. The Arbitrator was also requested to consider any prayer made by applicants for a personal hearing before giving his award.
3. Need no comments.
4. Need no comments.
5. Respondents are confusing the Hon’ble Court. In this respect copy of attached inutes of the National Anomaly Committee meeting held on 26^th May 2000 (Annexure-1), under Chairmanship of Secretary Personnel, may please be referred, based on which the Hon’ble Court gave the Judgment dt. 6.2.2002.The minute clarifies the situation as below: -
1. The Scale S-13 (7450-11,500 / 2375-3500) and S-14 (7500-12,000 / 2500-4000) were discussed in the meeting as Group ‘B’ Scales and compared with Group ‘A’ scale S-15 (8000-13,500 / 2200-4000) and not as a Group’C’ Scale as being confused by the respondents. If the Group ‘B’ Scales were not under the preview of JCM Scheme, how these were discussed in several JCM meetings and we were not called/consulted inspite of our numerous representations to all levels and all ministries including Cabinet Secretary and rallying in Delhi from allover India on 19.9.97, after announcement of the 5^th C.P.C. reports, as reflected in O.A. The above two scales are nowhere in Group ‘C’. Wide disagreements were recorded on different aspects of these Scales. This is a serious kind of Anomaly/Discrimination/Conspiracy done against Group ‘B’Officers through 5^th C.P.C. to drag down their Pay Scales and drag up Group’A’ Scales to widen the gap abnormally as explained in the O.A.(May pl see Page 11 of the minute-Item No.26/Para10.1 & 10.2 and Item No.25/Para 9 and also Page10-Item No.22/Para7.1)-Annexure-1



2. As per the minute, since May2000, appointment of the Arbitrator and settlement of the Anomalies was to be processed (Although 5^th C.P.C. was effective from 1.1.96), through JCM but till date i.e. August 2002, no progress is seen. Many of us have died in last 6-7 years and deprived of Justice & Benefits). Now Respondents are shifting the responsibilities to Staff Side, as Staff Side has to pay the Perks and Status to the Arbitrator and asking for extension of time. Some time we fail to believe that we are living in a democratic country like India. (May pl.see page 8&9 of the minute-Para 1 & 2)-Annexure-1



6. The Respondents have themselves mentioned that a reference to the Arbitrator is not possible in this case, as the Applicants are not covered under the JCM Scheme, how Staff Side can make such a reference to the Arbitrator when Staff Side is itself a part of JCM Scheme and that too without appointment of the Arbitrator. Staff Side has already brought it into the notice of the Govt. about serious kind of Anomaly and Discrimination prevailing in above Group’B’Scales. Now it was the responsibility of the Govt. to settle the things in right way. Respondents are giving contradictory/ confusing statements and shifting the responsibilities on others.



7. When at No.6, Respondents have themselves admitted that no reference to the Arbitrator is possible in this case, there is no purpose of allowing more time to the Respondents as it will be mere wastage of time and further delay in Justice.

PRAYER

In the above peculiar circumstances, the only alternative left to the Hon’ble Court is to Award the main prayers of the Applicants in O.A.No.1835/2000, As mentioned below: -

1. Allotment of the Scale of Rs.8,000-13,500/-(S-15) to Junior Works Managers of Indian Ordnance Factories w.e.f.1.1.96 (The date of implementation of 5^th C.P.C. reports).



2. The Individuals having completed 7 years qualifying service in the Scale of 2375-3500 / 7450-11,500/- as on 1.1.96, should be upgraded/granted the Scale of Rs.10,000-15,200/- to remove acute stagnation of 17-18 years in One Scale without annual increments as mentioned in the O.A. Such Upgradation has been granted to Group ‘A’ by 5^th C.P.C., even when there was no stagnation at all. (May pl.see OFB Order dt.24.4.2001-Annexure-2)



3. Any other relief deemed fit by the Hon’ble Court.

OR OTHERWISE

The Respondents should be tried/charged for contempt of the Hon’ble Court.

VERIFICATION

It is hereby verified that the contents above are true and correct to the best of my knowledge and believe and nothing have been concealed there from.Verified on 15^th day of August 2002 at Kanpur.

APPLICANTS

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