ORDER (ORAL)
Mr. V. Ajay Kumar, Member (J) :-
Heard the learned counsel for applicant.
2. Office Objection is overruled. MA No.1937/2018 & MA No.1938/2018
3. For the reasons stated therein, the MAs filed for joining together in a single Application (MA No.1937/2018) and exemption (MA No.1938/2018) are allowed.
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OA No.1762/2018
4. The applicants, who are presently working as Laboratory Assistants in various sections under the respondents, GNCTD, filed the OA seeking the following reliefs :-
"(a) To call to entire records of case files.
(b) To direct the respondents to frame appropriate rules/pass directions within a specific time period providing for suitable pay scale to the Delhi school Laboratory Assistants or in alternative direct the respondents to adopt the pay scale of other the department or other where benefit of analogies already given to the similarly situated persons direct similar for the applicant on mutatis mutandis or Ipso facto principle or to grant the equal pay scale to petitioners as per para no.62, 32, para no.10 of revised 5thpay commission report or of OFS para 7.10.32 for Teachers at 3.8 as per 6thCPC specifically when 7thCPC granted GP of 2800 to the para medical Laboratory Assistants while they do not have any teaching nature of duties while 5 years of experience of Laboratory Assistants in their existing RRs made them eligible to TGT/LT's and they performs Technical-cum-Teaching duties.
(c) HOLD that the Applicants are fully entitled for the grant of pay scale of Rs.4500-125-7000, w.e.f. 01.01.1996 as per the revised 5thPay commission report dated 30.09.1997 as well as same has been replaced in Pay Band-II Grade Pay 4200 with all consequential benefits including all arrears of pay & allowances, and GRANT cost in, favour of the Applicants.
(d) PASS any other or further order(s) or relief or consequential relief in favour of the Applicants, which this Hon'ble Tribunal may deem fit, just & proper in the abovementioned facts & circumstances."
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5. It is also submitted that the applicants through their Association made representations vide Annexure-A/1 (Colly) dated 01.01.2018, ventilating their grievances to the respondents, however, no orders have been passed thereon till date.
6. It is seen that the Annexure-A/1 (Colly) representation dated 01.01.2018 is made on behalf of the Association of the applicants containing so many other demands in addition to the reliefs prayed in this OA.
7. In the circumstances, the OA is disposed of without going into the merits of the case by permitting the applicants to make appropriate fresh representations ventilating their specific reliefs of the OA to the respondents within two weeks from the date of receipt of a certified copy of this order and on receipt of such representations from the applicants, the respondents shall consider the same and pass appropriate reasoned and speaking orders thereon, within a period of 90 days, in accordance with law. No costs.
8. Let a copy of the OA be enclosed to this order. ( Nita Chowdhury) ( V. Ajay Kumar ) Member (A) Member (J)
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