Satish Kumar vs Govt. Of NCT Of Delhi & Others

R. N. Singh, Member (J)

In the present OA filed under Section 19 of the A.T. Act, 1985, the applicant has prayed for the following reliefs:-

"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order declaring to the effect that the whole action of the respondents not finalizing the case of the applicant for granting his salary during the period from 29.7.2009 to 19.11.2014, when he was posted in Election office, and also granting minimum of the pay sacle from 20.11.2014 till date is totally illegal, arbitrary and against the principle of natural justice and consequently, pass an order directing the to release the salary of the applicant during the period from 29.7.2009 to 19.11.2014 with interest and with all consequential benefits i.e. fixation of pay after granting due increments from due dates with arrears of difference of pay and allowances at an early with interest.

(ii) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to complete the service book of the applicant with all the consequential benefits.

(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation."

Learned counsel for the applicant submits that vide order dated 21.07.2009 (Annexure A-4), the applicant was directed to report for duty to the Office of the Sub Divisional Magistrate (Saraswati Vihar)/Electoral Registration Office-AC-09 & 10, Dy. Commissioner (N/W) Office Complex: Kanjhawala: Delhi, immediately under Rule 159 R.P. Act, 1951. Mr. Yogesh Sharma, learned counsel for the applicant further submits that the applicant had complied with the said order and though he has served in the Election Department during the period 29.07.2009 to 19.11.2014, the salary of the applicant has not been released for the said period. He invites our attention to a communication dated 21.12.2020 (Annexure A-1) which reads as under :-

"Sub: Regarding status of file bearing CD No.000617849

Sir,

A file hearing No.F.AC (W)/F&S/Admn/2017-18 and CD No.000617849 was sent to you office on 25.09.2020 for clarification regarding release of salary in r/o Sh. Satish Kumar Sethi, Sr. Assistant for the period 29.07.2009 to 19.11.2014. But neither the file nor any information has been received in this office till date.

You are, therefore requested to expedite the matter and issue necessary clarification regarding release of salary in r/o Shri Satish Kumar Sethi, Sr. Assistant.

Yours faithfully,

(Sudheer Shokeen)

Food & Supply Officer (Admn.)"

Issue notice. Ms. Esha Mazumdar, learned counsel, who appears for the respondents on advance service, accepts notice.

Shri Yogesh Sharma, learned counsel for the applicant submits that the applicant shall be satisfied, if the present OA is disposed of with direction to the respondents to take a final decision with regard to his salary for the period 29.07.2009 to 19.11.2014 by passing an appropriate order.

We are of the considered view, if such request of the learned counsel for the applicant is accepted, no prejudice is likely to be caused to the respondents.

In view of the aforesaid, without going into the merit, the present OA is disposed of with a direction to the respondents to consider the claim of the applicant as noted hereinabove and to decide the same by passing an appropriate reasoned and speaking order as per rules as expeditiously as possible and in any case within four weeks of receipt of a copy of this order. No costs.

The OA is disposed of in the aforesaid terms. Pending MA, if any also stands disposed of.