Nagendra Kumar vs Union Of India And Others

L. Narasimha Reddy, J

The applicant was appointed as Junior Hindi Translator in the office of the Chief Controller of Accounts, Department of Commerce, in the year 1992. He was on deputation to the office of Principal Director of Audit, Kolkata - 2nd respondent herein between 1998 and 2000. Thereafter, he went on deputation to the office of Commissioner, Customs and Central Excise, Bhopal - 4th respondent herein between 27.02.2009 and 9.03.2013. It is stated that for the period referred to above, the 4th respondent has passed an order dated 27.12.2013, sanctioning increments which became due on 1.07.2010 and 1.07.2011.

The applicant contends that due to non-availability of his Service Book, the benefit of increments is not given. In this OA, he prayed for the relief in the form of direction to the respondents to extend benefit of increments with interest.

Respondents 1 and 2 filed separate counter affidavits. According to them, the period for which the applicant is claiming benefit, he did not work in their office and relief if at all, is to be granted by the 4th respondent herein.

We heard Shri Khairati Lal, for the applicant and Dr. Ch. Shamsuddin Khan, for the respondents.

Initially, the applicant went on deputation to the 2nd respondent and, after some time, he went on deputation to the 4th respondent. For the period during which he worked in the office of 4th respondent, the increments were granted though his Service Book was not available. The order dated 27.12.2013 passed by the Customs and Central Excise Department, New Delhi, consequent upon his repatriation to the parent department, reads as under:

"Sh. Nagendra Kumar, AD(OL), was posted in this office from 26.02.2010 to 26.06.2012. He was not granted the increment due on 01.07.2010 and 01.07.2011 as his service book was not sent by his previous office DPPR, New Delhi. He has been relieved from this office on 26.6.2012 to join in the office of System and Data Management. It is requested to make necessary payment and necessary entries in the service book may be made accordingly. His filled up increment proforma is enclosed herewith for necessary action at your end.

However, on the basis of pay fixation order and LPC received from Bhopal office, the increment due on 01.07.2010 and 01.07.2011 are hereby granted.

This issues with the approval of ADG (Admn.)"

The two increments were sanctioned and naturally the applicant was entitled for the same.

A perusal of the counter affidavit filed by the 1st respondent discloses that the applicant did not report for duty immediately on being repatriated and he was out of duty for more than six months. The record is silent as to the factors that contributed to the non-release of increments to the applicant. The applicant is also not able to inform the Tribunal as to the method of increments that have been allowed to him from time to time. Even now he can make a comprehensive representation to his employer, claiming the benefit of increments and the latter, in turn, shall take necessary steps, if necessary by consulting the department to which the applicant went on deputation.

With the above direction, the OA is disposed of. There shall be no order as to costs.