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Judgment
O R D E R
Hon’ble Mr. R.N. Singh, Member (J): By filing the present OA under Section 19 of the
Administrative Tribunals Act, 1985, the applicant is seeking the following reliefs:
“8.1Direct the respondent to grant Additional Post Allowance to the Applicant for holding additional charge of SSE/Welding from 07.01.2017 to till date and that of SSE/Paint from 07.01.2021 to till date being computed in lump sum amount of Rs. 9,67,200/-(Rupees Nine Lakh Sixty Seven Thousand and Two Hundred only) within shortest possible time according to the settled law of the land. The Applicant should be allowed to draw Additional Post Allowance for these posts in future also at the rate of 10% of his present basic pay.
8.2Direct the Respondent to waive off completely the recovery from the salary of the applicant for excess amount paid for wrongful fixation of his MACP.
8.3Direct the Respondent to implement the correct basic pay of the applicant at Rs. 93000/- per month from January 2023 and make good the loss so far done to the applicant in the form of giving him arrears.
8.4Direct the Respondent to punish the erring officials that have caused so much mental harassmnent and financial burden to the applicant and for deterrence.
8.5Direct the Respondent to bear the cost of this legal proceedings and Grant any other relief which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of present case. in the interest of justice.
8.6Direct quashing the order of the respondents implemented vide letter No. MIBW/BILLS/2017/01/2268 dated 05.08.2022 arisen out of Audit letter No.िबला/ऑिडट/समɋय/2-12/APO/WS/ SECR/MIB/2022-23/505 dated 21.6.2022 and make it invalid for giving lawful benefit of waiver from recovery.
9 Order If any-Ad interim relief Pending final decision on the application, the applicant prays that the recovery at the rate of Rs.10600|- per month from the salary of the applicant be stayed and so far recovered amount be returned as arrears and his present basic pay be made Rs. 93,000/- from January 2023.”
It is not in dispute that interim order was passed in favour of the applicant vide Order dated 20.6.2023, para 6 of which reads as under:-
“6.As a result, the recovery being made monthly to the amount of Rs.10,600/- is stayed, however, the respondents shall continue to pay the basic pay @Rs.87,700/- till the decision in the present OA. In case of changed circumstances, both the parties shall be at liberty to move an application, if so required.”
In the facts and circumstances, without going into the merits since the learned counsel for the applicant seeks permission to withdraw the present OA with liberty to file better OA. However, he submits that until OA is re-file, this Tribunal may indicate that limitation will not come in his way and also the interim order may be permitted to continue at least for two weeks during which the applicant shall file a fresh and comprehensive OA. To such limited request made on behalf of the applicant, there is no objection from the learned counsel appearing for the respondents.
In the light of the aforesaid, permission is granted. OA stands dismissed as withdrawn with liberty to the applicant to file better comprehensive OA within two weeks on receipt of a certified copy of this Order. If fresh OA is filed within the time as stipulated above, the limitation will not come in the way of the applicant and the
interim order shall continue for two weeks beyond filing of the fresh OA.
There shall be no order as to costs.