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2024 Supreme(Online)(CAT) 1304

Central Administrative Tribunal

Principal Bench, New Delhi

OA No. 952/2024

MA No. 909/2024

This the 7th day of March, 2024

Hon’ble Mr. Tarun Shridhar, Member (A)

1.

Sh.Naveen Chander Behari,

S/o Harish Chander Behari

Aged about 63 years

House No.B-165, 2nd Floor Flat No. 203,

B Block Freedom fighter Enclave Neb Sarai

New Delhi-110068

PPO. No.018722003003,

Date of Retirement -30-6-2020

2.

Sh.Raj Nath Singh,

S/o Gurucharan Singh

House No.54, Uttam Nagar West New Delhi-110059

PPO. No-018721901805

Date of Retirement -30-06-2019

3.

Sh.Shashi Bhushan Mukherjee,

S/o Late Sh. Shyama Pada Mukherjee

House No.B-101, 1st floor Freedom fighter Enclave

Neb Sarai, New Delhi- 110068

PPO. No 018722002426

Date of Retirement -30.6.2020

4.

Sh.Raj Bahadur Ram Verma,

S/o Late Sh. Anant Verma

House No.129-A 2nd Floor, Near R.R. Chemist

Mohammad Pur New Delhi-110068

PPO. No-018721901793

Date of Retirement -30.06.2019

5.

Sh.Anil Kumar Verma

S/o Sh. Ram Prakash Verma

House No.CA-12C, MIG DDA Flat Near Water Tank,

Munirika New Delhi-110067

PPO No 0187222022

Date of Retirement -30.06.2022

6.

Sh.Dular Chand Prsad,

S/ o Late Sh.Sita Ram

House No. 91A, Near Fakkarwada park,

Muniraka New Delhi 110067

PPO No 018721901616

Date of Retirement -30.06.2019

7.

Sh.Hari OM, S/O Shri Gainda Singh

Plot No A-327/9 1st Floor, Gali No. 34,

Chattarpur Enclave phase II, New DELHI 110074

PPO No 018722202824,

Date of Retirement -30.06.2022

8.

Sati Ram Yadav, S/o Late Ram Murat Yadav

House No. 65, D Ground Floor,

DDA Flat Near Gurudwara Munirika New Delhi-110067

PPO No 018722002996

Date of Retirement -30.06.2020

9.

Sh.Dhan Singh, S/o Late Gopal Singh

House No. 203, Block A Gali NO -6 Crossing -II,

Uttarakhand Encilave Burari New Delhi-110084

PPO No 018721901827

Date of Retirement -30.06.2019

10. Sh. Shiv Kumar Shakya, S/o Shri Munshi Lal shakya,

House No.F-5, Pratap Nagar, Sabzi Mandi

New Delhi-110007

PPO No 018721901771

Date of Retirement -30.06.2019

11. Sh. Dinesh Kumar Pandey, S/o Ramraj Pandey,

House No.29. Block T, Virsingh colony, New Delhi-110041

PPO No 018722101897

Date of Retirement -30.06.2021

12. Sh. Kumar Thapa, S/o Late Man Bahadur Thapa

House No.241, Sarita Vihar, P

ocket J New Delhi-110079

PPO No 018721702444

Date of Retirement -30.06.2017

13. Sh. Kanta Ram, S/o Late Mahagoo Ram

House No. 138, Ground Floor Sainik Enclave

Vikash Nagar, Gali No. 3, Uttam Nagar

New Delhi-110059

PPO No 018722102029.

Date of Retirement -30.06.2021

14. Sh. S. Lakshminarayanan, S/o Sh. S.L. Subramaniyan

House No. 92-B/1 First Floor Munirika

New Delhi-110067

PPO No 018722102041.

Date of Retirement -30.06.2021.

15. Sh. Abhay Kumar Srivastava,

S/o Late Sh. Lakshaman prasad Srivastava

House No.B1/79 Ist Floor Safdarjung Enclave

New Delhi-110029

PPO No 018721302057.

Date of Retirement -30.06.2013.

16. Sh. Anil Kumar Mittal,

S/o Sh. B.D. Mittal Flat No. 121, Pocket 5,

Mayur Vihar Phase-I

New Delhi-110091

PPO No. 018721903368

Date of Retirement - 30.06.2018

…Applicants

(By Advocate : Mr. A.K. Srivastava)

Versus

1.

Union Of India

Through the Secretary,

D/o WR, RD & GR, Ministry of Jal Shakti,

Shram Shakti Bhavan, New Delhi-110001

2.

SECRETARY,

Department of Personal of Training

M/o Personal, public Grievance and Pension

North Block, New Delhi-110001,

3.

Chairman,

Central Water Commmission

D/O WR, RD & gr,

Ministry of Jal Shakti, Sewa Bhawan,

R.K.Puram, New Delhi-110066

…Respondents

(By Advocate : Mr. K.M. Singh)

ORDER

Sh. K.M. Singh, learned counsel for the respondents raises a preliminary objection with respect to the maintainability of the present OA, pointing out that verification of the OA by way of an affidavit has been done only by one applicant out of 16 applicants, who seek to join this OA together. Accordingly, until and unless each and every applicant verifies, this OA cannot be taken up for admission. Learned counsel for the applicant, on the other hand, submits that Vakalatnama has been signed by all the applicants and hence, all of them need not necessarily sign the verification.

2. Mr. K.M. Singh further submits that in terms of procedure, mere authorization to a counsel by way of a Vakalatnama is no substitute for verification. In case only one of the applicants is to verify, the said applicant has to be authorized by the other applicants for such verification.

3. I have given due consideration to the objection raised by learned counsel. The question before me is whether this objection, which is procedural and technical in nature, should stand in the way of consideration of the relief sought in the OA, especially considering the fact that the subject of the OA heard just prior to this item, i.e., OA No. 951/2024 was the same as this one. Since all the applicants have signed the Vakalatnama and authorized their counsel to file this OA, in my considered view, non-

    signature on verification should not stand as an impediment. Therefore, the objection raised by the learned counsel for the respondents stands overruled.
    MA No. 909/2024 Vide the associated MA, the applicants, herein, seek identical relief of one notional increment on account of their having retired on 30th June. This issue has been adjudicated in a large number of OAs and the relief sought is similar to all. For the reasons stated in the MA and as recorded above, MA is allowed. The applicants are permitted to pursue the associated OA jointly in terms of Rule 4 (5) of the CAT Procedure Rules, 1987.
    OA No. 952/2024 The applicants have made the following prayer in the OA:-
    “(a) Re-calculate the applicants pension and other retrial benefits from the dates of their respective retirements on 30 th June by notionally taking into account the last increment falling due on the date of retirement in accordance with the decision taken by the respondents as per CWC office order dated 02.02.2024.
    (b) To revise pension, grant arrear of pension and other retirement benefits as indicate above to all the applicants.
    (c) Allow the costs of this OA and/or (d) Any other relief in the applicants favour as deemed appropriate by this Hon'ble Tribunal.”

6. Issue notice to the respondents. Mr. K.M. Singh, learned counsel, who has appeared on advance service accepts notice on behalf of the respondents. He fairly seeks a reasonable period of time to file an appropriate reply to the OA, or in the alternative, obtain appropriate instructions in the matter. On the other hand, learned counsel for the applicant submits that the respondents have extended the benefit of one notional increment to a sizeable number of employees and therefore, on the same analogy, it could be extended to the present applicants also otherwise it would amount to discriminatory treatment.

7. Just a few minutes back, in the previous item, the same relief was sought against the background of same facts and circumstances. Therefore, it would be appropriate to reproduce the order passed a few minutes back in OA No. 951/2024. The said order reads as under:-

    “ MA No. 908/2024 The applicants, herein, seek identical relief of one notional increment on account of their having retired on 30th June. This issue has been adjudicated in a large number of OAs and the relief sought is similar to all.
    2. For the reasons stated in the MA and as recorded above, MA is allowed. The applicants are permitted to pursue the associated OA jointly i

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