LAWS(CA)-2006-9-1

KARAN SINGH Vs. UNION OF INDIA

Decided On September 29, 2006

JUDGEMENT

(1.) THE three applicants in the OA are Assistant Grade-III working in erstwhile Indian Government Mint. At present they are working on deemed deputation basis in the newly incorporated Company Indian Government Mint, but they continue to be in the Government Service and that the respondent No.1 is responsible for implementing the order of the Tribunal, if any passed in the present proceedings as per the submissions made by the learned ounsel for the respondents on 3.8.2006.

(2.) The applicants have filed the present OA for the following relief:

(3.) THE respondents have repudiated the claim of the applicants. It is submitted that the applicants were working as Assistant Grade-III as Machine Assistant and were discharging the function of that post and that no higher/technical duties have been assigned to them. Further it is submitted that the question whether the performing of the duties, as claimed by the applicants in the present OA, amounted to performance of higher/technical duties or not, requires independent examination of individual case and the three different claims should not have been clubbed into one OA. It is denied that any assurance was given to the applicants in letter dated 9.1.2003 but it was an interim reply whereby the applicants were informed that the admissibility or otherwise would be decided after the Writ Petition against the order of this Tribunal dated 8.2.2002 passed in OA No. 2481/2001 is decided by the Hon�ble Delhi High Court and the said Writ Petition is still pending. Any how, the respondents got the claim of the applicants examined by a Committee of officers and it transpired that the applicants were assigned with the duties of Assistant Grade-III (Machine Assistant) only and no higher or technical duties were assigned to them, so the applicants should be asked to submit proof in support of their claim. It is also submitted that although the applicants are holding the post identical to the post held by Shri Mahender Singh Rana, yet the nature of duties claimed to have been performed by said Shri Rana, are entirely different from those claimed by the applicants.