Tribunals and CommissionsDivision Bench(2021) 07 CAT CK 0024

Jay Mohan & Others vs Department Of Post New Delhi Union Of India & Others

Central Administrative Tribunal · Decided on 28 July 2021

HON’BLE JUDGES
P. Madhavan, Member (J) · K.V .Eapen, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 180, 00342 Of 2021

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Judgment

18 paragraphs · 323 words

P. Madhavan Member J

1.

This Original Application has been filed by the applicants seeking the following reliefs:

a) To quash Annexure A1, Annexure A2 and Annexure A10.

b) To declare that the Applicants performing conveyance of mail in addition to their duty hours as GDS BPM are entitled to get combined Duty

Allowance in terms of Annexure A7 to Annexure A9 and any other interpretation to Annexure A7 is highly illegal and unjust.

c) To direct the Respondents to continue to pay Combined Duty Allowance to the Applicants for conveying mails after their duty hours as GDS BPM

so far as they are required to perform this as an additional duty after duty hours and to grant all consequential benefits.

d) Grant such other reliefs as may be prayed for and as the Court may deem fit to grant, and

e) Grant the cost of this Original Application.''

2.

The brief facts of the case are as follows:

The applicants are aggrieved by the proceedings issued by the Respondents proposing to stop Combined Duty Allowance which was being paid as per

Rules and the attempt to recover the benefits drawn by them. Hence, they have approached this Tribunal praying for the aforementioned reliefs.

3.

When the matter came up for hearing, it appears that the applicants had not approached the Competent Authority regarding their grievances.

4.

In view of the above, applicants are directed to file a detailed representation on the basis of relevant rules and regulations within a period of two

weeks before Respondent No.2. The respondent no.2 is directed to consider the representation in the light of relevant rules, regulations, government

orders and decisions on the subject and pass a speaking order within a period of three months from the date of receipt of such representation. Till that

time, no recovery shall be effected.

5.

The Original Application is disposed of at the admission stage itself as above. No costs.