B. Viswanadham, Pvt. Secretary (Retd.), Mceme, Secunderabad Vs. Union of India, Rep. by the Secretary and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/939968
CourtCentral Administrative Tribunal CAT Hyderabad
Decided OnAug-11-2009
Case NumberOriginal Application No. 454 of 2008
JudgeP. LAKSHMANA REDDY, VICE-CHAIRMAN & THE HONOURABLE MR. R. SANTHANAM, MEMBER (ADMN).
AppellantB. Viswanadham, Pvt. Secretary (Retd.), Mceme, Secunderabad
RespondentUnion of India, Rep. by the Secretary and Others
Advocates:Counsel for the Applicant : K. Phani Raj, Advocate. Counsel for the Respondents : Mr. M. Brahma Reddy, Sr. PC for CG.
Excerpt:
oral order (as per hon'ble mr. justice p. lakshmana reddy, vice-chairman) heard mr. k. phani raj, learned counsel for the applicant and mr. m. brahma reddy, learned senior panel counsel for the central government for respondents. 2. learned counsel for the applicant submitted that this is a covered case and in similar case, c.a.t., principal bench, new delhi passed an order dated 22.11.2000 in o.a. no. 1226/1999 and the said order has been implemented after getting sanction of the president and extended the benefit of government of india, department of personnel and training om no.28034/1/88estt(d) dated 06.12.1989 with effect from 07.02.1997 to the petitioners therein and that the present applicant stands on the same footing as that of the applicants therein and therefore, the applicant is also entitled for the benefit extended to the applicants in o.a. no. 1226/1999. he invited our attention to the government of india order dated 03.03.2008 filed as annexure v to the o.a.. we have perused the same. the said order reads as follows: no. b/03438/185/emecv-3/137-c/d(o-11) government of india ministry of defence new delhi-110011, the 3 march, 2008 to the chief of army staff, new delhi. subject: implementation of the cat (pb) new delhi order dated 22 november 2000 in o.a. 1226/99 filed by shri vishwanathan kartha and others vs. uoi and others after dismissal of slp no. cc 282/2008 filed by uoi. sir, i am directed to refer to the hon'ble cat (pb) new delhi order dated 22 november 2000 in o.a. 1226/99 and to convey the sanction of the president to extend the benefit of government of india, department of personnel and training om no. 28034/1/88estt(d) dated 06.02.89 with effect from 07.02.97 to the petitioners of the said o.a. 2. the expenditure, thereof will be accounted under 'charged expenditure' for which sanction will be issued separately after due verification by audit. 3. this issues with the concurrence of defence/fin vide i.d. no. 338/018/08 dated 28.02.2008.” 3. as seen from the averments of the application, the applicant is claiming that he stands on the same footing as that of the applicants in o.a. no. 1226/1999 and therefore, they are entitled for the benefits extended to the applicants therein. 4. we are, therefore, of the considered view that this matter can be disposed of, at the admission stage itself, with a direction to the respondents to verify whether the applicant herein stands on the same footing as that of the applicants in the o.a. no. 1226/1999 and if he is similarly placed, the benefits extended to the applicants in o.a. no. 1226/1999 shall be extended to the present applicant also. 5. in the result, o.a. is disposed of with the above direction. this exercise shall be completed within three months from the date of receipt of this order. there shall be no order as to costs.
Judgment:

ORAL ORDER

(As per Hon'ble Mr. Justice P. Lakshmana Reddy, Vice-Chairman)

Heard Mr. K. Phani Raj, learned counsel for the applicant and Mr. M. Brahma Reddy, learned Senior Panel Counsel for the Central Government for respondents.

2. Learned counsel for the applicant submitted that this is a covered case and in similar case, C.A.T., Principal Bench, New Delhi passed an order dated 22.11.2000 in O.A. No. 1226/1999 and the said order has been implemented after getting sanction of the President and extended the benefit of Government of India, Department of Personnel and Training OM No.28034/1/88Estt(D) dated 06.12.1989 with effect from 07.02.1997 to the petitioners therein and that the present applicant stands on the same footing as that of the applicants therein and therefore, the applicant is also entitled for the benefit extended to the applicants in O.A. No. 1226/1999. He invited our attention to the Government of India order dated 03.03.2008 filed as Annexure V to the

O.A.. We have perused the same. The said order reads as follows:

No. B/03438/185/EMECV-3/137-C/D(O-11)

GOVERNMENT OF INDIA

MINISTRY OF DEFENCE

New Delhi-110011, the 3 March, 2008

To

The Chief of Army Staff,

New Delhi.

SUBJECT: IMPLEMENTATION OF THE CAT (PB) NEW DELHI ORDER DATED 22 NOVEMBER 2000 IN O.A. 1226/99 FILED BY SHRI VISHWANATHAN KARTHA and OTHERS VS. UOI and OTHERS AFTER DISMISSAL OF SLP NO. CC 282/2008 FILED BY UOI.

Sir,

I am directed to refer to the Hon'ble CAT (PB) New Delhi order dated 22 November 2000 in O.A. 1226/99 and to convey the sanction of the President to extend the benefit of Government of India, Department of Personnel and Training OM nO. 28034/1/88Estt(D) dated 06.02.89 with effect from 07.02.97 to the petitioners of the said O.A.

2. The expenditure, thereof will be accounted under 'Charged Expenditure' for which sanction will be issued separately after due verification by Audit.

3. This issues with the concurrence of Defence/Fin vide I.D. No. 338/018/08 dated 28.02.2008.”

3. As seen from the averments of the application, the applicant is claiming that he stands on the same footing as that of the applicants in O.A. No. 1226/1999 and therefore, they are entitled for the benefits extended to the applicants therein.

4. We are, therefore, of the considered view that this matter can be disposed of, at the admission stage itself, with a direction to the respondents to verify whether the applicant herein stands on the same footing as that of the applicants in the O.A. No. 1226/1999 and if he is similarly placed, the benefits extended to the applicants in O.A. No. 1226/1999 shall be extended to the present applicant also.

5. In the result, O.A. is disposed of with the above direction. This exercise shall be completed within three months from the date of receipt of this order. There shall be no order as to costs.