Central Administrative Tribunal Principal Bench, New Delhi C.P. No. 53/2024 in O.A. No. 1945/2016 With C.P. No. 39/2024 in O.A. No. 3169/2018 This the 18^th day of April, 2024 Hon’ble Mr. R. N. Singh, Member (J)

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

1. C.P. No. 53/2024

1. Pankaj Kumar, Section Manager, Aged about 53 years, S/o Sh. Padam Singh, R/o 273-274, Street No. 39, Vipin Garden Extn., Uttam Nagar, New Delhi – 110059.

2. Raj Kumar, Section Manager, Aged about 55 years, S/o Shri Samal Das, R/o H. N. C-47, Block C, Vikas nagar, Uttam Nagar, New Delhi – 110049.

…Petitioners (By Advocates: Mr. M. K. Bhardwaj with Mr. Arun)

Versus

1. Ms. Alka Upadhyay, Secretary, Ministry of Fisheries, Animal Husbandary & Dairying, Krishi Bhawan, New Delhi – 110001.

2. Sh. Chinmoyjit Sen, General Manager, Delhi Milk Scheme, West Patel Nagar, New Delhi – 110008.

…Respondents (By Advocates: Mr. Manish Kr. Sharma for Mr. Ranjan Tyagi and Mr. S. N. Verma)

2. C.P. No. 39/2024

1. Varun Kumar Nigam, Section Manager, Aged about 54 Years, S/o Sh. Awadh Bihari Lal Nigam, R/o WZ-430A, 1st Floor, Nanak Pura, Hari Nagar, New Delhi – 110064.

2. Prem Kumar Singh, Section Manager, Aged about 56 Years, S/o Sh. Jagdish Kumar, R/o 18/259, DMS Colony, Hari Nagar, New Delhi – 110064.

…Petitioners (By Advocates: Mr. M. K. Bhardwaj with Mr. Arun)

Versus

1. Ms. Alka Upadhyay, Secretary, Ministry of Fisheries, Animal Husbandary & Dairying, Krishi Bhawan, New Delhi – 110001.

2. Sh. Chinmoyjit Sen, General Manager, Delhi Milk Scheme, West Patel Nagar, New Delhi – 110008.

…Respondents (By Advocates: Mr. Vijender Singh and Mr. S. N. Verma)

ORDER (ORAL)

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

The present CPs have been filed alleging willful disobedience of order dated 31.01.2023 in OA No.

1945/2016 with OA No. 3169/2018.

2. The subject of the OAs was notional fixation of pay of the applicants/petitioners and while disposing of the said OAs, this Tribunal had given the following specific direction:

“3. In addition, as pointed out by the learned counsel, the applicants in this OA have sought the benefit Old Pension Scheme. Therefore, it is directed that while deciding the claim of the applicants strictly as per the directions issued in the O.A. No. 1945/2016, the respondents shall also take appropriate decision on the claim of the applicants for grant of the benefit of Old Pension Scheme to them according to Rules.”

3. Pursuant to notice, the respondents have filed a compliance affidavit on 18.03.2024 wherein a categorical statement has been made that the directions contained in the aforesaid order have been duly complied with.

4. Although, the proxy counsel, Mr. Manish Kr. Sharma, who has appeared on behalf of Mr. Ranjan Tyagi, one of the learned counsel for the respondents in C.P. No. 53/2024 seeks adjournment, we have taken up both these CPs for consideration taking into account the averment made in the affidavit of compliance. Annexed to this affidavit are three memorandums dated 25.04.2023, 05.10.2023 & 02.01.2024. The sequence of these memorandums indicates that the respondents have taken up the issue in right earnest and accordingly informed the applicants/petitioners that the matter relating to fixation of pay has been taken up with the DoP&T for their advice and vide the latest memorandum dated 02.01.2024, the issue has been finally decided after obtaining the advice of the DoP&T through the Department of Animal Husbandry, Dairying and Fisheries and the decision so taken conveyed to the applicants/petitioners.

5. Against this background, nothing sustains in the CPs as the directions of this Tribunal has been fully complied with. Accordingly, the CPs stand closed and the notices are discharged of course with liberty to the applicants/petitioners to seek recourse to an appropriate l remedy in accordance with law should their grievance still survive and should they still be so inclined.

(Tarun Shridhar) (R. N. Singh)

Member (A) Member (J)

/as/