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Central Administrative Tribunal

Principal Bench, New Delhi

OA No.57!"#$"

This the "#th da% o& 'a%, "#$5

(onble )hri Asho* +umar, 'ember A-

(onble )hri a/ 0ir )harma, 'ember1-

$. Dur2a Dutt )aini, A2ed, 5",

Assistant Accounts O3cer, 4roup B 4aetted-

O!o PAO Ors.- C

Delhi Cantt6$$##$#6 Applicant

B% Advocate 'r. 8.1.0er2hese-

0ersus

$. 9nion o& :ndia throu2h the )ecretar%

'inistr% o& ;inance

)outh Bloc*

4ovt. o& :ndia

New Delhi6$$##$$

". 9nion o& :ndia throu2h the )ecretar%

'inistr% o& De&ence ;inance-

)outh Bloc*

4ovt. o& :ndia


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New Delhi6$$##$$

> espondents

B% Advocate 'r. B.?. =anchoo-

Order oral-

B% (onble 'r. Asho* +umar, 'ember A-

The applicant is a22rieved b% the re/ection o& the 2rade pa% o& s. 5##!6 in

the 2rade o& Assistant Accounts O3cer instead o& 2rantin2 him the 2rade pa% o& s.

@##!6. The relie& sou2ht b% the applicant the OA is as &ollows6

a- Allow the Application o& the Applicant under section $ o& the

Administrative Tribunals Act $@5 with interest.

b- Direct the respondents to 2rant the 2rade pa% o& s. 5##!6 to the

applicant in PB6< as approved b% the Cabinet on $!#@!"##@

c- 4rant the cost.

And

d- an% other relie&, i& an%, this (onourable Tribunal deems t and proper in

the &acts and circumstances o& the case.


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". The matter was heard toda%. ?earned counsel 'r. 0er2hese who ar2ued on

behal& o& applicant has re&erred to Anneure A6" which is 4aette Notication dated

"th Au2ust, "##@ containin2 the recommendation o& >th CPC and particularl% to

para - C -6

C - :n the :A AD and all or2anied accounts cadres, posts o& )ection

O3cers and Assistant Audit !Accounts O3cers will be mer2ed and placed in PB6"

with 2rade pa% o& s.@## as recommended b% the Commission. :n modication o&

)ith CPCs recommendations, Audit!Accounts O3cers AOs- wil be placed in PB6"

with 2rade pa% o& s. 5## and )enior AOs will be placed in PB6< with 2rade pa% o&

s.5##E

th CPC ta*en at the level o& the cabinet where under the

applicant who belon2s to the 4roup B O3cer has completed &our %ears o& service

and has to be placed in PB6< instead o& PB6".

5. Accordin2 to the learned counsel on behal& o& respondents this matter was

ta*en up b% the 'inistr% o& De&ence in consultation with the

'inistr% o& ;inance vide note dated #.#$."#$$, a cop% o& which is at Anneure A6::.

(owever, the 'inistr% o& ;inance with the approval o& the ;A and Additional

)ecretar% 'OD- did not a2ree to the proposal. The respondents, there&ore,

epressed their inabilit% to a2ree with the reFuest o& the applicant.

>. =e have considered the ar2uments o& both the parties. Admittedl%, the

applicant is a 4roup B O3cer and has completed more than &our %ears o& service

wor*in2 as Assistant Accounts O3cer a cate2or% under 4roup B .

7. =e nd that, in view o& the decision o& the Cabinet on :mplementation o& the

recommendations o& the >th CPC reproduced above as contained therein in para ii-


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v-, the ar2ument o& the respondents counsel that the% are unable to implement the

decision on account o& the disa2reement with the proposal b% the 'inistr% o&

;inance does not appear convincin2. The decision to implement the >th CPC

recommendations was ta*en the competent level o& 4ovt. it is not proper that the

'inistr% should ta*e a decision to the contrar% and thus den% benets o& the

decision ta*en b% the Cabinet.

@. in view o& above, we are inclined to 2rant the relie&s sou2ht b% the applicant

and accordin2l% allow the OA. espondents shall ta*e steps to 2rant conseFuential

benets to the applicant within a period o& $# wee*s &rom the date o& receipt o& a

cop% o& this order.

a/ 0ir )harma- Asho* +umar-

'ember 1- 'ember A-

!sarita!

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