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Judgment
The applicant has filed the present OA, seeking the following reliefs:-
"(I) To quash and set aside the impugned Order dated 22.07.2019 (Annexure A/1) and direct the respondents to count half of Casual Driver service of the applicant in qualifying service of the applicant for pensionary benefits in terms of Rule 14 of CCS(Pension) Rules, 1972.
(II) Direct the respondents to consider pensionary benefits from the date of his entitlement i.e. in the year 1997 counting the past contingency of service under Old Pension Scheme.
(III) To produce the relevant record of the case before this Hon"ble Tribunal for proper adjudication.
(IV) To allow the OA with cost of causing undue harassment to the applicant.
(V) To pass any other order or orders which this Hon"ble Tribunal may deem fit and proper in the facts and circumstances of the present case."
The grievance of the applicant is that he has sent an application/representation dated 07.05.2019 to the respondents but the same has been disposed of by the respondents vide their order dated 22.07.2019 (Annexure A/1) without considering the relevant rules in his case and which reads as under:-
"Since you were appointed on dt. 01/07/2003 in BSNL. The pensionary benefits are not admissible to you as are admissible to DOT absorbed BSNL employees."
Counsel further submits that the above order does not deal with any of the points raised in his representation, especially with regard to his request for counting half of his service paid from contingencies with regular service for granting pensionary benefits & other benefits.
The respondents ought to have passed a speaking order giving reasons as to why counting of half of his service paid from contingencies with regular service cannot be taken into account for the purpose of pensionary benefits and other benefits, but they have failed to do so.
Hence, in view of the limited prayer of the applicant that the respondents be directed to pass a speaking order on all the points raised in his representation dated 07.05.2019, especially with regard to counting half of his service paid from contingencies with his regular service, they are directed to pass a detailed and speaking order on the aforesaid representation of the applicant within a period of 90 days of receipt of a copy of this order. It is made clear that we have not expressed any opinion on the merits of the case.
With the above directions, the OA stands disposed of at the admission stage itself.