DEFENCE
QUALITY ASSURANCE GP ‘B’ TECHNICAL
OFFICERS ASSOCIATION
C/O CQAL
CAMPUS,
_______JC Nagar Post, Bangalore.560006________
DQAGBTOA/
Circular 21st May 2014
To
AE(QA)’s
All DGQA Establishments
Dear Friends,
Greetings to you all, as you are all
aware the Group ‘B’ Association and the NGO’s Association located in Bangalore is
relentlessly working for the benefit of the technical cadre for more than four
decades. The in-depth knowledge of the office bearers in Bangalore have over
the years been put to effective use in extracting benefits for the technical
cadre be it through the Gp ‘B’ or the NGOs’ Association.
Friends I
on behalf of the DQAGBTOA, Bangalore wish to remind all our brethren in DGQA
organisation that we have been in the forefront of the fight for our cadre’s
rightful benefits through representations to the Department and in case of the
Department not responding positively to the representations, we had taken to
LEGAL RECOURSE and most of the times we have been granted relief through the
Hon’ble Supreme Court of India, The Hon’ble High Court of Karnataka or the
Hon’ble CAT Bangalore in securing the career prospects of the technical cadre,
on matters like timely promotion through regular DPC’s or financial benefits
etc., which are all well documented/ are on records and needs no elaboration.
A brief on achievements of the Association in
getting various benefits through the legal route are brought out in the
following paragraphs for the information of one and all.
Many of
these cases were filed by the Defence Quality Assurance Group ‘B’ Technical
Officers Association Bangalore, and also guided the AIDT NGO’s Association in
filing many cases which benefitted the technical cadre [AE(QA) & JE(QA)] posted
all over the country in the DGQA organisation . Friends these are but only a
few instances of the effective functioning of the association from Bangalore
for the benefit of our cadre.
Sl No
(a)
|
CASE No. OA / WP / MA /CP
Year /Court / Advocate Name
(b)
|
SUBJECT
(c)
|
Brief about the Status/Result of the Case
(d)
|
1
|
OA No.2037/1994 ,
Hon’ble CAT
Bangalore,
Shri D
Leelakrishnan
|
Productivity Linked
Bonus on par with Railways and P&T
|
After hearing the plea of the Association
the Hon’ble CAT Bangalore, directed the association to make a
representation and directed the department to issue a speaking order within
two months.
|
2
|
OA No. 36/1996,
Hon’ble CAT
Bangalore,
Shri D
Leelakrishnan
|
Productivity Linked
Bonus on par with Railways and P&T.
|
Speaking order issued by the Department
rejected the claim of the applicants i.e., Association which filed another
case against the speaking order. During the hearing, the department submitted
to the court that they have approached the Hon’ble Supreme Court of India
against the Hon’ble CAT Bangalore order. The tribunal directed the
departmenet to abide by the decision
of the SC.
|
3
|
CA No. 5318-5320/96
Hon’ble Supreme
Court of India,
Shri. Ravindra
Bhat, Shri D Leelakrishnan & Shri. Mukul Mudgal
|
Productivity Linked
Bonus on par with Railways and P&T.
|
The Hon’ble Supreme Court of India upheld
the order of the Hon’ble CAT Bangalore, to grant productivity linked Bonus to
the applicants on par with the Railways and P&T.
|
4
|
CP No. 38/99,
Hon’ble CAT
Bangalore,
Shri D
Leelakrishnan
|
Productivity Linked
Bonus on par with Railways and P&T.
|
As there was an inordinate delay in issuing
of the order for payment of Productivity Linked Bonus to the technical cadre
the association filed ‘Contempt Petition’ before the Hon’ble CAT Bangalore.
Before the charges could be framed the department issued orders for payment
of Bonus and submitted unconditional apology to the Hon’ble Tribunal, The
Hon’ble CAT Bangalore accepted the same.
|
5
|
OA 351/96
Hon’ble CAT
Bangalore,
Shri D
Leelakrishnan
|
Posting out of senior whilst retaining the
junior though vacancies were available.
|
Hon’ble CAT Bangalore, allowed the
application and held that the transfer of senior while retaining the junior
in the same same station is against the principles of natural justice.
|
6
|
OA No.1449/95
Hon’ble CAT Bangalore,
Shri D Leelakrishnan
|
Recovery of excess pay made to applicant on
par with junior Shri Stanley Anandraj
|
The Hon’ble CAT
Bangalore, granted stay and after hearing the matter dismissed the
recovery notice.
|
7
|
OA 302/96
Hon’ble CAT Bangalore,
Shri D Leelakrishnan
|
Pay parity on par with Scientific and Tech.
Asstt working in DGQA.
|
After hearing the matter, the CAT
allowed the association to withdraw the application and approach the court
once again after the V CPC implementation.
|
8
|
OA No. 156,179 to 183 / 2000,
Hon’ble CAT Bangalore,
Shri D Leelakrishnan
|
CILQ,
10% boosting of pay, arrears not paid for the full period.
|
Court allowed the application and ordered
payment of the full arrears as per the period for which they were entitled.
|
(a)
|
(b)
|
(c)
|
(d)
|
9
|
OA 302/2000
Hon’ble CAT
Bangalore,
Shri M
Narayanaswamy
|
Case
filed to direct the DGQA to conduct review DPC calculating the chain
vacancies properly.
|
In 1999 DPC’s were
held without taking the chain vacancies into account, the Assn approached the
Hon’ble CAT, Bangalore which allowed the application and ordered the DGQA to
conduct review DPC by considering chain vacancies within three months from
the date of issue of the orders. Around 500 CM’s and F/M’s benefited
throughout DGQA.
|
10
|
WP
No. 14173(L)/2001 and amended WP of the same No.
Hon’ble
High Court of Karnataka,
Shri
D Leelakrishnan
|
Recognition
Case.
|
The
Hon’ble High Court of Karnataka, heard the matter, the DGQA in its reply filed
before the Hon’ble Court agreed
to grant recognition to our Association
|
11
|
WP No. 34605 to 34614(T)/99 Hon’ble High Court of
Karnataka,
Shri D
Leelakrishnan
|
Seeking
Exemption from payment of Professional tax.
|
Hon’ble high court
directed Association to make a detailed representation to the Commissioner of
Commercial Taxes.
|
12
|
WP No 26911 to
26920(T)/2000 Hon’ble High Court of Karnataka,
Shri D
Leelakrishnan
|
Seeking
Exemption from payment of Professional tax.
|
As no satisfactory
reply received from the Commissioner of Commercial taxes, Association
approached the Hon’ble high court of Karnataka, the court directed the
Commissioner to decide the matter at the earliest.
|
13
|
WP No 47151/2002
& 47153/2002
|
Seeking
Exemption from payment of Professional tax
|
Association prayed
for exemption from payment of professional tax, but the court wanted further
details of the application of the Army act of 1950 and asked the
association to file another WP with all the relevant details.
|
14
|
WA 404/2006 (T-Res)
|
Seeking
Exemption from payment of Professional tax
|
The Hon’ble HC of
Karnataka by its order in this writ appeal exempted all the civilian officers
and staff of the DGQA from paying the professional tax. The association had
to file eight cases in all which involved an expenditure of Rs.1,20,000/- Each offr/staff of the
DGQA working in Karnataka and all over India is benefitting to the tune of Rs
150- to 500/- per month which will continue for their complete service.
|
15
|
WP No. 21179/2002
Hon’ble High Court of Karnataka,
Shri D
Leelakrishnan
|
JCM
III Nomination
|
Association sought
full term nomination to the JCM III level council of the DGQA , the court directed
the respondents to grant the facility of nomination based on the membership
strength of the association.
|
(a)
|
(b)
|
(c)
|
(d)
|
16
|
WP No.
31197/2003/(L-Res)
Hon’ble High Court of Karnataka,
Shri D
Leelakrishnan
|
NGOs’ In
Union
|
As per
CPRO 63/1959, Chargeman are not eligible to be members of the Unions. This
rule was being violated in CQAL Bangalore and when the Association impleaded
in the case , the court accepted with the view of the Association and
ruled that Chargeman cannot be member of the Union.
|
17
|
WP No.
16141/2006/(L-Res)
Hon’ble High Court of Karnataka,
Shri D
Leelakrishnan
|
JCM III
Nomination CDRA
|
When the
CDRA did not allot seat to the AIDTNA
based on the verdict in the WP No 21179/2002, association filed this
WP and the Hon’ble HC of Karnataka directed
the respondents to grant nomination to the JCM.
|
18
|
WP No. 6171/2006
Hon’ble
High Court of Karnataka Shri B Veerabhadra
|
Refusal
of Promotion & date of debarment
|
When the
Hon’ble CAT Bangalore in OA 124 of 2005 granted the relief sought by the NGO
the department went on appeal before the Hon’ble HC of Karnataka and the
appeal was dismissed and directed the DGQA to grant the benefit of
promotion from retrospective date.
|
19
|
OA
466/2009
Hon’ble
CAT Bangalore
Shri B
Veerabhadra
|
Grant of
one additional increment to the CM I as on 1.1.1996.
|
Further
to the implementation of the V CPC recommendations the pay of some of the
senior CM I’s were fixed lower that their junior CM II’s .The same was
challenged and relief was granted. Many CM I & A/F as on 1st
Jan 1996 and whose pay was fixed wrongly, their pay was revised by granting
additional increment, Many new cases are also being reviewed by CDA Bangalore.
|
20
|
WP20248-20249/(S-CAT)2004
|
Petition
against 40% DR
|
Challenging the DGQA ‘s recruitment rules to post of
Foreman(JTO) by the way 60 % by
promotion and 40 % by direct recruitment this association filed a petition
before the Hon’ble High Court of Karnataka. The Court though accepted our
contention that it was not proper to have DR at the level of JTO. However
because the ratio between the promotion post and the feeder posts were not
1:3 and the feeder post was lesser to that of the FM (JTO), the court
disallowed our plea.
|
21
|
OA 407
of 2009
Hon’ble
CAT Bangalore
Shri B Veerabhadra
|
Recovery
of pay granted to the promotees during the years 2006 to 2008
|
The pay
of the JTO’s and CM’s who were promoted during the period Jan 2006 to Dec
2008 were recovered under direction of the CDA Bangalore, Gp ‘B’ Association filed
a case & the Hon’ble CAT Bangalore directed the dept not to recover
the pay already granted to the individuals and termed the action of the CDA
and the department as wrong. Many JTO’s have benefitted by this order and all
similarly placed individuals may contact the Association for further
information.
|
Dear
Friends, these are but only a few cases that have been mentioned, if required
we will provide details of numerous other cases that were filed by the
Bangalore based association’s and which has accrued a lot of benefits to the
technical cadre. The cases pertaining to grant of additional increment for CM I
as on 1-1-1996 or the case of withdrawal of pay fixation granted for promotion
granted between 1-1-2006 and Sep 2009 (CMII to CMI or A/F to JTO) are the
latest in a series of cases that the Bangalore Based Gp ‘B’ Association has
achieved which is now being referred by Associations in other Department in the
GOI as a landmark judgement and reaping the benefits of our efforts.
Friends
all Gp ‘B’ officers working in DGQA organisation who may not have known that
they have lost such a huge financial benefit can now contact the Office Bearers
of this Association for guidance on their eligibility and to extract the
benefit that they are duly entitled for.
The
preceding paragraphs would be an eye opener for most of our colleagues working
in various disciplines of DGQA organisation that the Bangalore based Gp ‘B’
association has been continuously fighting for and achieving a great deal of
success in its endeavours through court cases. The present scenario of divided
opinion amongst the technical cadre has only added to our problems and in order
to overcome this drawback, we seek your valuable support in the form of
membership of the association so that we in Bangalore can continue to take up
issues in
a mature and pragmatic manner in order to achieve a lot more
benefit for the technical cadre in years to come.
I request all AE (QA)’s of DGQA to join the
efforts in securing our career progression in DGQA by enrolling as members of
the association. If there are any queries on the above mentioned cases or any
other service matter you may feel free to contact the undermentioned.
With warm regards,
Yours sincerely,
(SARAVANAN
M)
General Secretary
History
of Gp 'B' Association May 2014.docx http://dqagbtoablore.blogspot.com/2014/08/blog-post.html
