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Tribunals and CommissionsDivision Bench(2020) 10 CAT CK 0152

Ram Gopal vs Union Of India & Others

Central Administrative Tribunal · Decided on 22 October 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · Aradhana Johri, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 2793 Of 2015, Miscellaneous Application No. 1651 Of 2019

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Judgment

18 paragraphs · 352 words

L. Narasimha Reddy, J

1.

The applicant retired from service of Prasar Bharati as Assistant Engineer on 30.04.2015. After retirement, certain proceedings were issued

proposing to re-fix his pay structure. The dispute seems to be about financial upgradations. Pending final decision on those aspects, the respondents

issued orders dated 16.04.2015, 19.05.2015 and 08.06.2015. This O.A. is filed challenging the said orders. The applicant contends that the respondents

did not issue any notice before passing the impugned orders.

2.

The respondents filed counter affidavit. It is stated that the various orders, that are challenged in this O.A., are provisional in nature and final

decision was taken through order dated 31.01.2018. The respondents further contend that the or der dated 31.01.2018 was challenged by the applicant

in O.A. No.2449/2018 and the Tribunal dismissed the same.

3.

We heard the applicant, who argued the matter in person and Mr. S M Arif, learned counsel for respondents, through video conferencing.

4.

As observed earlier, the applicant retired from service on 30.04.2015 as Assistant Engineer. In the context of fixation of his pension, some

uncertainty prevailed. The correspondence ensued between the authorities. The dispute was mostly about the eligibility of the applicant to be extended

the benefits of 2nd and 3rd Modified Assured Career Progression (MACP) in the Grade Pay of Rs.5400/-. We would have certainly examined the

various contentions, has any final order been issued, by the time the O.A. was filed. From the perusal of various orders, it is evident that all of them

were issued pending final decision.

5.

It is brought to our notice that the respondents have taken a final decision on the issue, through order dated 31.01.2018. The same was upheld by

the Tribunal in O.A. No.2449/2018. It is not known as to whether the case of the applicant was cover ed by the order dated 31.01.2 018. The

applicant can obtain a copy of the same and if he still feels that any grievance subsists, it shall be open to him to pursue the remedy.

6.

The O.A. is accordingly disposed of. There shall be no order as to costs.