Meera Chhibber, - (1.) THIS OA has been filed by seven applicants who have filed M.A. No. 1064/2008 seeking permission to join and file joint application. Since common relief is sought by all the applicants and they belong to the lowest strata of the society, this MA is allowed.
(2.) Applicants in this case are aggrieved by order dated 8.10.2007 passed by the respondents pursuant to the directions dated 15.5.2007 given by the Tribunal. In the said order respondents have stated as follows: In view of the Hon'ble CAT (PB) New Delhi order dated 8.8.2007, the case has again been examined and it is stated that as per DOP&T OM No. 49014/4/97-Estt (C) dated 29.1.1998, the pay of the casual labour in temporary status whose services are regularised as Group 'D' employees, will be fixed at the minimum of the pay scale. In view of the above provisions of DOP&T, you are not entitled to include increments/benefits earned by you as casual employee in temporary status. Grievance of applicants in this case is that they were initially engaged on casual basis, were granted temporary status and were regularised in Group 'D'. However, they were appointed in Group 'D' post in the pay scale of Rs. 2550-55-2660-60-3200 at the initial stage. Subsequently, respondents had issued order dated 25.9.2007 wherein it was stated that Shri Sheesh Pal, applicant and others have now been allowed benefits of increments earned as casual labour with temporary status in compliance with CAT, Principal Bench order dated 8.8.2007. However, by the impugned order, once again applicants have been informed that in terms of DOP&T OM dated 29.1.1998 on regularization their pay would be fixed at the minimum of the pay scale and they are not entitled to include increments/benefits earned by them as causal employee in temporary status.
(3.) COUNSEL for the applicants has placed reliance on Full Bench judgment given by this Tribunal in the case of Nathu Singh and Ors. v. U.O.I. and Ors.;