Tribunals and CommissionsDivision Bench(2021) 07 CAT CK 0018

K.S. Vimal, I.P.S vs Union Of India, Secretary Ministry Of Home Affairs & Others

Central Administrative Tribunal · Decided on 19 July 2021

HON’BLE JUDGES
P. Madhavan, Member (J) · K.V .Eapen, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 180, 00324 Of 2021

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Judgment

22 paragraphs · 403 words

P.Madhavan, Member J

1.

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

i) To direct the respondents to regularize the period of the service of the applicant from 01.06.2016 (the date of superannuation from State Police

Service) to 30.08.2018 (the date of assumption of charge in Indian Police Service Cadre) as on duty for all purposes and to fix the pay and allowance

and increments notionally in the Senior Scale/Junior Administrative Grade in Indian Police Service cadre for all purposes including arrears of pay and

disburse the same.

ii) To direct the second respondent to consider Annexure A 6 representation in the light of Annexure A 3, A 4, A 5 and A 5A respectively and fix the

pay and disburse the arrears of pay during the periods from 01.06.2016 to 30.08.2018 treating the applicant as on duty from 1.6.2016 to 30.08.2018.

iii) Any other appropriate order or direction as this Hon'ble Tribunal deem fit in the interest of justice.

2.

The brief facts of the case are as follows:

Applicant retired from the State Police Service on 31.05.2016 on attaining the age of 56 years. The applicant was included in the select list of 2016

and was appointed to Indian Police Service Cadre on promotion quota for the vacancies for the year 2016. The applicant assumed charge in IPS

cadre on 31.08.2018 and subsequently retired from IPS cadre on 31.05.2020 on attaining the age of 60 years. The applicant has approached the

Hon'ble Tribunal for treating the period from 01.06.2016 to 30.08.2018 as on duty for the purposes of pay increments and the arrears of pay.

3.

When the matter came up for consideration, it appears that Annexure A-6 representation dated 24.5.2021 is still pending before the State

Government and it has not been considered by the competent authority till date.

4.

Adv. Mr. M.Rajeev, G.P takes notice on behalf of the respondent nos.2 and 3 and Adv.Mr.N.Anilkumar,SCGSC takes notice on behalf of

respondent no.1.

5.

In view of the above circumstance, the competent Authority is directed to consider Annexure A-6 representation received from the applicant on the

basis of relevant rules, regulations and earlier decisions of this Tribunal and pass a speaking order within a period of three months from the date of

receipt of a copy of this order.

6.

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