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BASHIR AHMED GANAI v. M/O DEFENCE
Central Administrative Tribunal Chandigarh Bench
(Circuit Bench at Srinagar) OA No.062/00900/2018 SWP No. 2722/2015
This 26thday of March, 2019
Coram : Hon'ble Mr. Sanjeev Kaushik, Member (J) Hon'ble Ms. P. Gopinath, Member (A)
1. Bashir Ahmed Ganai (Aged : 62 years) S/o Late Ghulam Ahmed Ganai R/o Chatpora, Pulwama, Kashmir.
2. Habibullah Bhat (Aged : 58 years) S/o Abdul Rehman Bhat
R/o Wichrusoo, Pulwama, Kashmir.
3. Mushtaq Ahmed Dand (Aged : 57 years) S/o Ghulam Rasool Dand
R/o New Colony, Bijbehara, Kashmir.
4. Mohammed Abdullah Ganai (Aged : 63 years) S/o Abdul Samad Ganai
R/o Koil, Pulwama, Kashmir.
5. Surinder Kumar Koul (Aged : 62 years) S/o Late Dena Nath Koul
R/o Chowdhary, Gund, Shopiam, Kashmir. … Applicants
Versus
1. Union of India through Secretary to Government of India, Ministry of Defence, North Block, New Delhi.
2. Engineer in Chief, ENC, Sec-H, Room No. 112, Integrated Head Quarters, Ministry of Defence (Army), Kashmir House, Rajaji Marg, New Delhi.
3. Chief Engineer, H.Q. Northern Command, C/o 56 APO.
4. Chief Engineer, H.Q. 31 Sub Area, C/O-56 APO.
5. Commanding Officer, H.Q. 134, WKS, Engineers, C/o-56
APO.
6. Garrison Engineer, A/F-Awantipora.
7. Garrison Engineer, Dehu Road-Pune. ……………….Respondents
Present: Applicant No. 1 in person. Sh. Satinder Singh, counsel for the respondents.
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O R D E R (ORAL)
Hon'ble Mr. Sanjeev Kaushik, Member (J) :
1. The present OA has been filed seeking the following reliefs:-
(i) A writ of mandamus be issued commanding the respondents to accord the same treatment to the petitioners as was given to the petitioners of SWP No. 1393/94, 1351/99 and 2272/99 and the respondents of LPA Nos. 27/2006, 347/2000, 348/2000 and 37/2001.
(ii) A writ of mandamus be issued commanding the respondents to grant and release the skilled grade of Rs. 260-400 in favour of the petitioners w.e.f. October 16, 1981 or w.e.f. the date it is due and payable to them in terms of the ratio of the judgements supra.
2. Applicant No. 1, who is present in person, submitted that the applicants are similarly situated persons like the petitioners in SWPs No. 1393/94, 1351/99 and 2272/99 wherein the benefit of skilled grade of Rs. 260-400 was granted w.e.f. October 16, 1981 whereas the applicants have also been allowed but from a subsequent date. He further submitted that once the similarly situated persons have been granted the relief from an earlier date, then applicant be also extended the benefit without any discrimination from same date.
3. Sh. Singh, learned counsel for the respondents, submitted that the respondents be given an opportunity to consider the case of the applicant and if they are found to be similarly situated, the benefit will be given to them as well.
4. In view of the above, we deem it appropriate to dispose of this petition by directing the respondents to consider the case of the applicants and pass necessary orders thereon. This exercise be
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carried out within two months of receipt of a certified copy of this order. OA stands disposed of accordingly. No costs.
(Sanjeev Kaushik ) Member(J)
(P. Gopinath) Member (A) Dated: 26.03.2019 ND*
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