Madhya Pradesh High Court
Union Of India vs Dr. Narmada Prasad Dwivedi on 7 August, 2023
Author: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SHEEL NAGU
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 7 th OF AUGUST, 2023
MISC. PETITION No. 3640 of 2023
BETWEEN:-
1. UNION OF INDIA THROUGH ITS SECRETARY
MINISTRY OF PERSONNEL P.G. AND PENSIONS
DEPARTMENT OF PERSONAL AND TRAINING
NORTH BLOCK, NEW DELHI (DELHI)
2. THE PRINCIPAL REGISTRAR CENTRAL
ADMINISTRATIVE TRIBUNAL (C.A.T.), PRINCIPAL
BENCH, 61/35, COPERNICUS MARG, NEW DELHI
(DELHI)
.....PETITIONERS
(BY SHRI R.K. JAISWAL - ADVOCATE)
AND
DR. NARMADA PRASAD DWIVEDI, SECTION
OFFICER/C.A.T. JABALPUR S/O LATE SHRI
R.K.DWIVEDI, DATE OF BIRTH 22.07.1971, R/O 107/A,
JAHANGIR APARTMENT, NEAR LEONARD SCHOOL
SOUTH CIVIL LINES JABALPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI V.K. TRIPATHI - ADVOCATE )
This petition coming on for admission this day, JUSTICE SHEEL
NAGU passed the following:
ORDER
This petition has been moved by the employer against final order dated
23/01/2023 (Annexure P/1) passed by Division Bench, Central Administrative
Tribunal, Jabalpur in O.A. No. 200/238/2020.
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 08-Aug-23
6:28:02 PM
2. The Tribunal instead of going into the merits of the issue involved as
to the entitlement of Non-Functional scale in the Grade Pay of Rs.5,400/-, has
disposed of O.A. No. 200/238/2020 with the following directions:-
"Hence, in view of the ratio laid down by the Principal Bench in the
cases referred above, this Original Application is also allowed in
similar terms. The impugned order dated 05/12/2019 (Annexure A-2)
is quashed and set aside and the respondents are directed to count
the services of the applicant spend on deputation under the
respondent No.2 as 'approved/regular service' for the purpose of
grant of Non-Functional pay scale by re-fixing the pay of the
applicant. This exercise shall be completed within a period of 60
days from the date of receipt of a copy of this order. Needless to say
that the implementation of this order shall always be subject to final
outcome of the W.P.(C) No. 3407/2022 pending before the Hon'ble
High Court of Delhi. No order as to costs.".
3. Learned counsel for the employer primarily submits that the issue
ought to have been decided on merits.
4. Perusal of the impugned order reveals that in para 5 of impugned
order of the Tribunal the learned counsel for appellant/employer has consented
to the final disposal of the original application in the same terms as contained
in the interim order of the Divisional Bench of Delhi High Court in W.P. (C)
No. 3407/2022, which is pending adjudication till date.
5. Division Bench of Delhi High Court while entertaining a similar
challenge to similar cause, which had earlier been decided by the Principal
Bench of Central Administrative Tribunal, New Delhi in favour of employee
therein, passed the following order:-
" CM APPL.46619/2022 (early hearing)
1. Issue notice. Notice is accepted by learned counsel appearing
for the respondent.
2. For the reasons stated in the application, the application is
allowed and disposed of. The petition is taken up for consideration
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 08-Aug-23
6:28:02 PM
today.
W.P. (C) 3407/2022 & CM APPL.46620/2022
3. Learned counsel for the petitioner relied on the decision of
the Supreme Court in Mrigank Johri vs. Union of India (2017) 8 SCC
4. Issue notice. Notice is accepted by learned counsel appearing
for the respondent.
5. List for consideration on 08/02/2023.
6. In the meantime, it is directed that petitioner shall implement
the judgment of the Tribunal without prejudice to the rights and
contentions of the parties and subject to final outcome of the writ
petition.
7. Learned Senior Counsel for the respondent points out that
in respect of similiarly situated officers, relief has been granted to them.
8. It is clarified that no special equity shall be in favour of
the respondent by way of implementation of the order.
9. In case this order is implemented within a period of four
weeks from today, the contempt proceedings shall be disposed of by the
Tribunal.
SANJEEV SACHDEVA, J.
NOVEMBER 1, 2022 TUSHAR RAO GEDELA, J. "
6. The Tribunal while passing the impugned order disposed of O.A.
No.200/238/2020 by observing that the disposal shall remain subject to final
outcome in the W.P. (C) No. 3407/2022 pending before the Delhi High Court.
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 08-Aug-23
6:28:02 PM
7. After hearing learned counsel for parties, we see no reasons to take
a different view than the one taken by the Tribunal in the impugned order since
it not only protects the employee from unnecessary harassment of long drawn
litigation but also protects the interest of the employer.
8. Hence, no case for interference is made out.
9. Accordingly, petition is dismissed. Sans cost.
(SHEEL NAGU) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 08-Aug-23
6:28:02 PM
