Ram Tirth Sharma vs Govt. Of NCT Of Delhi & Others

R.N. Singh, Member (J)

The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking therein the following reliefs :-

“i Pass an order in favour of the applicant thereby declare the act of the respondents of not payment of revised arrears of pay as per the

entitlement of Sr. Scale, 1st ACP and 2nd ACP. Non payment of arrears of Sr. Pay Scale, and also its arrears, revised Gratuity, commutation of

Pension, revised pension etc. till date are illegal, invalid, arbitrary, unjustified and violative of Art. 14,16 and 21 of the Constitution of India and contrary

to the rules;

ii. Direct the respondents to pay the above arrears of Sr. Pay Scale, further to fix his pay according to the 1st ACP and 2nd ACP and also to pay its

arrears including the arrears of revised retiral benefits i.e. Gratuity, leave encashment, commutation of Pension, arrears of Revised Pension within a

shortest period with all other consequential benefits along with @ market rate of interest since due date and till date of realization.

iii. Any other order or direction as may in the facts and circumstances of the case deems fit and proper in favour of the Applicant and against the

respondents;

iv. Allow the present application of the Applicant with costs;

The learned counsel for the applicant submits that the applicant retired from the services of the respondents and he finally retired w.e.f. 15.07.2019

after two years under reemployment of the respondents. However, inspite of his representations dated 18.11.2019, 11.12.2019, 17.02.2020, 03.03.2020

and 24.06.2020 (Annexure-A/1 Colly) and the same followed by Legal Notice dated 27.07.2020 (Annexure-A/4), the respondents have not released

the retiral benefits of the applicant, under various heads as well as the benefits under ACP/MACP.

Issue notice. Ms. Esha Mazumdar, learned counsel, appearing on advance service, accepts notice.

At this stage, Shri Ankit Bhadoria for Shri Umesh Singh, learned counsel for applicant submits that the applicant shall be satisfied if the present OA

is disposed of, at this very stage with a direction to the respondent No.2 to consider the applicant’s aforesaid representations and the legal notice

and to dispose of the same by passing an appropriate reasoned and speaking order in a time bound manner.

We are of the considered view that if such request on behalf of the applicant is accepted at this stage, no prejudice is likely to be caused to the

respondents.

In view of the aforesaid, without going into merit of the claim of the applicant, the present OA is disposed of with a direction to the respondent No.2

to consider the applicant’s aforesaid representations (Annexure-A/1 Colly), keeping in view the legal notice dated 27.07.2020 (Annexure-A/4) and

to dispose of the same by passing an appropriate reasoned and speaking order, as expeditiously as possible and in any case within 10 weeks from the

date of receipt of a copy of this order.

The OA is disposed of in the aforesaid terms.

It is made clear that the disposal of this OA by the present order will not enlarge the scope of limitation if involved therein.

There shall be no orders as to costs.