(1.) In all these petitions as common questions arise for consideration they are being considered simultaneously. All petitions are directed against the common order passed by the Central Administrative Tribunal ('Tribunal' for short) dated 23.04.2014. The Tribunal for the reasons recorded in the order has dismissed all the applications on the ground of delay in preferring the applications by the respective applicants.
(2.) The brief facts of the case are that on 09.11.1998, Government of India had implemented 5th Central Pay Commission regarding introduction of Flexile Complimenting Scheme ('FCS' for short) applicable to the scientific staff working in S and T Organization and research institutes whose work is scientific in nature. But, the benefits were extended to the applicants before the Tribunal only with effect from 30.08.2006. However, some of the staff represented to the Government and to the Board to extend the benefit with effect from the year 2001. According to the original applicants, certain other employees who were similarly situated namely one Mr. ZMS Khan and others for getting the benefit with effect from the year 2001 onwards approached the Tribunal at Patna, by preferring OA No. 75/2008. In the said OA, the Tribunal found that the applicants therein were entitled to the benefit with effect from the year 2001 and therefore passed an order on 13.01.2009. The aforesaid order of the Tribunal at Patna Bench was carried by the respondents therein before the High Court of Jharkhand in W.P.(S). No. 2503/2009 but the said High Court did not interfere with the order passed by the Tribunal and dis-missed the petition vide order dated 27.03.2012. The matter was further carried to the Apex Court by preferring SLP (Civil) No. 11219/2012, but the Apex Court did not also interfere with the order passed by the Tribunal or by the High Court and vide order dated 10.04.2013, SLP(Civil)No. 11219/2012 was dismissed.
(3.) On 12.06.2013, the applicants herein submitted representations individually to the concerned Authority contending that the benefit as conferred by the Patna Bench may also be extended to them. On 27.09.2013, respondent No. 2 issued circular stating that all pending representations of the employees of the Board in respect of the claim of FCS benefits on the basis of the judgment of Tribunal at Patna Bench shall be made available to those applicants who were before the Tribunal at Patna Bench only. The petitioners under these circumstances approached the Tribunal by preferring OA Nos. 1109-1173/2013 and the Tribunal passed the impugned order dated 23.04.2014. Under these circumstances, the present petitions before this Court. It may also be recorded that some other similarly situated petitioners had also preferred respective OAs before the Tribunal for grant of similar benefits. The Tribunal followed its earlier order passed in OA Nos. 1109-1173/2013 dated 23.04.2014 and dismissed those applications also. Against which, separate petitions are preferred by those applicants-petitioners which are also simultaneously considered by this Court in this common order.