( Copy of Court Verdict )

New Delhi, dated this the 6th February, 2002

O.A. No. 1835 of 2000
M.A. No. 871 of 2001
M.A. No. 2325 of 2001


1.------Indian Ordnance Factories Gazetted Officers Association,
--------Through its General Secretary,
--------Shri F.B.Singh, JWM/SAF, Kanpur

2.------Shri F.B.Singh, Working as JWM Ordnance Factory,
--------(By Advocate : Shri S.K. Gupta)


1.------Union of India, through
--------The Secretary,
--------Ministry of Defence, New Delhi

2. -----Director general-cum-Chairman,
--------Ordnance Factory Board,
--------Ministry of Defence, Calcutta

3. -----Secretary,
--------Ministry of Finance,
--------Deptt. Of Expenditure, New Delhi
--------(By Advocate : Shri V.S.R. Krishna)



--------Applicants impugn Respondents order dated 7.9.1999 and seek a direction to Respondents to ward them the pay scale of Rs 8000-13000 w.e.f. 1.1.96 by applying 3.25 multiplier factor. Consequential benefits have also been prayed for.

--------2. We have heard both sides. --------3. Respondents in their reply to para 4.11 of the O.A. categorically state that the pay scale of Rs. 7450-11500 in which applicants are presently placed, is one of the pay scales of which a revision was sought by the staff side in the National Anomalies Committee and which now, because of disagreement, is to be considered by an Arbitrator. However, during arguments Shri Krishna contended that applicants case was not specially taken up by the National Anomalies Committee.

--------3. In this connection Shri Gupta has invited our attention to the minuts of the meeting of the National Anomalies Committee held on 26.5.2000 ( copy enclosed with applicants rejoinder filed on 30.7.2001). In para 7.1 under item o.22 in respect of Depressed Maximum in Various Pay Scales, there is a discussion which reveals that the staff side had pointed out that in the case of Group ‘A’ officers, not only had the 3.25 multiplier been applied uniformly at the minimum and the maximum of the pay scales, but it had even been exceeded in some cases. Shri Gupta contends that the multiplier factor of 3.25 should be made applicable in the case of applicants also.

--------4. If as per Respondents own averments the pay scale of Rs. 7450 – 11500, on which disagreement was expressed in the National Anomalies Committee was to be referred to an Arbitrator, it is only just and fair that the claims of Applicants who are also in the aforesaid scale of Rs. 7450 – 11500, be referred to the Arbitrator, if not already done.

--------5. In the result we dispose of this O.A. calling upon Respondents to take action to refer the case of applicants also to the Arbitrator who in turn is requested to conclude his deliberations and declare his Award as expeditiously as possible and preferably within six months from the date of receipt of a copy of this order. The Arbitrator is also requested to consider any prayed made by applicants for a personal hearing before giving his Award.

------------------------------------------------------------------( Ashok Agarwal )

------------------------------------------------------------ (S.R. Adige )
---------------------------------------------------------Vice Chairman (A)

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