CP No. 110 of 2018
Page 1 of 6 (Reserved on 22.04.2025)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Allahabad this, the 26th day of April, 2025.
Contempt Petition No.110 of 2018. in
Original Application No. 1231 of 2010 Hon'ble Mr. Justice Om Prakash VII, Member (Judicial) Hon'ble Mr. Mohan Pyare, Member (Administrative)
1. Shiv Kumar Singh S/o Late Mulayam Singh, U.D.C.
2. Bharat Singh S/o Late Vishal Singh, Supervisor (Deceased)
3. Sant Ram S/o Late Lala Ram, Tailor
4. Dinesh Chandra S/o Shri Durga Prasad, Tailor
5. Ashok Kumar S/o Shri Kanahaiya Lal, Tailor, HS
6. Indra Bahadur Singh S/c Late Gajraj Singh, Tailor
7. Radhey Shyam S/o Shri Parmeshwar Dutt Katiyar, Tailor
8. Deepak Kumar S/o Shri Ram Dularey, O.S.
9. Dinesh Chandra Yadav S/o Late Ganga Prasad, Tailor
10. Kamal Kishore Kanaujia S/o Late Tapeshwari Prasad Kanaujia, Tailor,
H.S.
11. Chandra Bhani Singh S/o Shri Paras Nath Singh, Tailor, HS.
12. Upendra Kumar Singh S/o Shri Suraj Prasad, Tailor, HS.
13. Shan Mohammad S/o Shri Mohammad Ishhaq, Tailor, HS.
14. Krishna Singh S/o Late Jagannath Singh, Taker
15. Abdul Aziz S/o Shri Abdul Majid, Tailor
16. Rohitas Singh S/o Late Karan Singh, Tailor
17. Babu Ram s/o Late Parınu Lal, Tailor
18. Sanjay Pratap Singh S/o Shri Suraj Pal Singh, Tailor
19 Jitendra Sahu S/o Late Asharfi Lal Sahu, Tailor
20. Dinendra Kumar Bajpai S/o Shri Durga Prasad Bajpai, Tailor
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21.Sabbir Babu S/o Shri Abdul Raseed, Tailor 22.Saran Prakash S/o Late Jai Karna, Tailor 23.Harkesh Nath S/o Late Shambhoo Nath, Tailor
24. Shiv Kumar Yadav S/o Shri Madhusoodan Yadav, Examiner, HS 25.Ram Narain S/o Late Kalika Prasad, Tailor 26.Om Prakash S/o Shri Bhikha Prasad, Tailor 27.Nanhkoo Prasad S/o Late Hira Lal, Tailor 28.Rakesh Kumar s/o Shri Daya Shanker Dwivedi, Tailor
29. Ramesh Chandra S/o Shri Nanak Chandra Srivastava, Tailor 30.Haseen Ahmad S/o Shri Raesh Ahmad, Taior 31.Ram Babu Verma S/o Shri Ram Swarup Verma, Tailor 32.Ram Surat Yadav s/o Late Sita Ram, Tailor 33.Dilip Kumar S/o Late Shyam Singh, Tailor, HS 34.Rakesh Kumar S/o Shri Ram Dularey, Tailor 35.Manoj Kumar S/o Shri Suresh Pati, Tailor 36.Raju Gupta S/o Shri Lakshmi Narain, Tailor 37.Lal Mani Dhyani S/o Shri Amba Dutt Dhyani, Tailor 38.Santosh Kumar S/o Shri Mani Ram, Tailor 39.Pankaj Verma S/o Late Bhagwati Prasad, Tailor
40. Awadhesh Narain Dwivedi S/o Late Gangadhar Dwivedi, Tailor 41.Kailash Chandra S/o Shri Raksi Ram, Tailor 42.Ram Balak S/o Late Hori Lal, Tailor
43. Jawahar Lal Vishwakarma S/o H.L. Vishwakarma, Tailor
44. Udhai Bhan Singh S/o Late Banwari Lal, Tailor 45.Imam Ali S/o Shri Ali Raza, Tailor
46. Rajesh Sharma S/o Shri Satya Prakash Sharma, Tailor 47.Udai Bhan Singh S/o Shri Ram Davan Singh, Tailor 48.Noor Hasan Ansari S/o Shri Abdul Kasim Ansari, Tailor, HS 49.Radha Krishna S/o Shri Mata Deen Pal. Tailor (Deceased)
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50. Kirti Anand S/o Shri Sunder Lal, Tailor
51. Ashok Kumar S/o Shri Devi Dayal, Tailor
52. Mohd. Murtaza Ansari S/o Mohd. Yusuf, Tailor
53. Ramesh Chandra S/o Late Badlu Prasad, Tailor
54. Kalika Prasad S/o Late Bhola Nath, Tailor, HS
55. Shri Pal Kureel S/o Late Mahngoo Lal, Tailor, HS
56. Ashok Kumar Kureel S/o Shri Babu Lal, Tailor
57. Mewa Lal S/o Late Kaloo, Tailor
58. Kishan Kumar Bhantu S/o Shri Hari Ram Bhantu, Tailor
59. Tej Prakash S/o Late Ganga Prasad, Tailor (Deceased)
60. P.K. Gupta S/o Shri D. L. Gupta, U.D.C.H
61. Arvind Kumar Pandey S/o Late Shyam Bihari Pandey, MM-C
62. Anil Kumar Srivastava S/o Late Lalta Prasad Srivastava, MM-C
63. Mohd. Afzal Khan S/o Shri F. Mohammad Khan, Tailor
64. Shyam Kumar Mishra S/o Shri Rajendra Nath Mishra, U.D.C. All the applicants are employees of the Ordnance Equipment Factory, The Mall, Kanpur.
..…..Petitioners By Advocate : Ms. Saumya Mandhyan Shri S.J. Ishtiaque
Versus
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Mr. M.S. Rao, General Manager, Ordnance Equipment Factory, The Mall, Kanpur.
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…....Respondents By Advocate : Shri L.M. Singh
O R D E R
By Hon'ble Mr. Mohan Pyare, Member (Administrative):
Ms. Saumya Mandhyan and Shri S.J. Ishtiaque, learned counsel for the petitioners and Shri L.M. Singh, learned counsel for the respondents are present.
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2. The present contempt petition has been filed against the non compliance of the order of this Tribunal dated 13.02.2018 passed in OA No.1231 of 2010. The operating portion of the order is reproduced as below :-
"In view of the above discussion, Hence, the OA has merits to succeed. Accordingly, the impugned orders dated 27.07.2010, 03.08.2009 and 03.08.2009, copy at Annexure A-1, A-2 and A-3 of O.A respectively are set aside and quashed. Consequently, the respondents are directed to fix the pay of the applicants as per the ACP benefit already allowed to them earlier and to refund the amount recovered from the applicants, if any, as a result of cancellation of ACP benefits."
3. The respondents have filed detailed counter affidavit dated 12.09.2018 mentioning that in paragraph 17 of the order, the Hon'ble Tribunal has mentioned that the ratio of judgment of Hon'ble Madras High Court in the case of Union of India & ors. Vs. S. Ranjeet Samuel and others is applicable in this OA and they are eligible for the benefit under ACP Scheme.
4. Against the order of Hon'ble High Court of Madras in the case of Union of India & ors. Vs. S. Ranjeet Samuel and others, the Hon'ble Supreme Court has granted the Special leave to appeal and stayed the contempt proceedings initiated in the case.
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5. Learned counsel for the petitioners has filed the rejoinder/reply to the counter affidavit filed by the respondents and submitted that this Tribunal was convinced that past cases of ACP should not be re-opened but respondents vide their order dated 27.07.2010, 03.08.2010 and 03.08.2010 cancelled the ACP granted. It is further submitted that this Hon'ble Tribunal has not only relied the judgment of Hon'ble High Court of Madras in the case of Union of India & ors. Vs. S. Ranjeet Samuel and others in Writ Petition NO. 33946, 34602 and 27798 of 2014 but also relied on the judgment
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passed by CAT, Ernakulam Bench in its order dated 24.03.2015 as well as CAT Chandigarh Bench in its order dated 23.02.2012.
6. With an intention to not comply the order of this Tribunal, the respondents have filed Writ Petition No. 17956 of 2018 (General Manger & others VS. Shiv Kumar Singh) which is still pending but no stay has been granted.
7. On the basis of above submission, learned counsel for the petitioners has submitted that the respondents have wilful disobedience of the order of this Tribunal and are liable for contempt of this Tribunal.
8. Learned counsel for the respondents has filed additional affidavit of compliance-cum-reply dated 19.02.2023 in which it is submitted that Civil Appeal No.1625 -1627 of 2021, Union of India & ors. Vs. S. Ranjeet Samuel and others has been allowed in favour of the respondents vide order dated 24.03.2022, The OA No.1231 of 2010 was passed on the ratio developed by Hon'ble High Court of Madras in the case of Union of India & ors. Vs. S. Ranjeet Samuel and others, which has been reversed by Hon'ble Apex Court and appeal against the order of this Tribunal is still lying in the Hon'ble High Court of Allahabad, hence, there is no contempt of the order of this Tribunal and respondents should be discharged from the notice issued against them.
9. The respondents have submitted that the benefit allowed to petitioners under ACP Scheme prior to order impugned in OA No.1231 of 2010 has never been withdrawn. The petitioners are getting grade pay of RS.4200/- and has not faced any recovery with reference to order dated 27.07.2010, 03.08.2010 and 03.08.2010.
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10. The petitioners have filed the objection on 11.02.2025 to the affidavit of compliance and have accepted that the petitioners are being paid the grade pay of Rs.4200/-. The pay of the petitioners is yet to be fixed and as a result they are still getting pay Band as per level -4 i.e. 5200-20200 whereas are receiving grade pay of RS.4200/-. The petitioners should have been fixed in the pay band of Rs.9300-34800/- i.e. level-6 with grade pay of Rs.4200/-.
11. Through their reply to the objection, the respondents have submitted that the controversy as in the present case is under judicial scrutiny, at the Apex Court (SLP (C) No.11556/2018 UOI & ors. Vs. PKA Kurup & ors). The same is also challenge before the Hon'ble High Court of Allahabad in Writ Petition No.14953/2024 (UOI & others Vs. Rafi Ahmad & others) and also in Writ Petition No.17956/2018 (UOI & ors. Vs. S.K. Singh & ors.) and submitted to dismiss the contempt petition.
12. We have considered the submissions made by rival counsels and have arrived at a considered view that respondents have not complied the order of this Tribunal and are directed to comply the order of this Tribunal and file a better compliance affidavit before the next date of hearing along with the original order of grant of ACP in favour of petitioners which was later cancelled by the impugned order and is decided in OA No.1231 of 2010 in favour of petitioners else the respondents shall be present in person to explain the facts on the next date of listing.
13. List on 15.07.2025. (Mohan Pyare) (Justice Om Prakash VII) Member(Administrative) Member(Judicial) RKM/
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