Tribunals and CommissionsSingle Bench(2019) 10 CAT CK 0042

Shishu Paul Verma vs Chief Administrative Officer And Ors

Central Administrative Tribunal · Decided on 10 October 2019

HON’BLE JUDGES
Nita Chowdhury, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 4538 Of 2017, Miscellaneous Application No. 2550 Of 2018

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Judgment

10 paragraphs · 430 words
1.

The applicant has filed the present OA seeking the following reliefs:-

"(i).  Quash/set aside  the  impugned orders dated 21.07.2017,   25.01.2016,   11.04.2016   and 30.06.2016 (Annexures A-1 & A-3 to A-5).

(ii) Quash/set aside the impugned order dated 31.10.2015 (Annexure A-2) to the extent it did not allow the payment of the subsistence allowance and other allowance in accordance/consonance with the statutory rule 1342/FR-33 & Sub Rule 7 of Rule 1343/FR-54 of IREC-Vol.II (Annexure A-7).

(iii) Direct the respondents to release forthwith the said inordinarily delayed & overdue payments of subsistence allowance and dearness allowance claimed vide Claim Application dated 10.11.2015 (Annexure A-9) in accordance with statutory rule 1342/FR-53 & Sub Rule 7 of Rule 1343/FR-54 of IREC Vol.II (Annexure A-7) i.e., half pay during the first 03 months and thereafter an amount increased by 50% thereof for the remaining period of the said intervening period from 05.10.13 to 17.10.14 (vide statutory order dated 31.10.2015 (Annexure-2).

(iv) Direct respondents to release forthwith the inordinately delayed & overdue payments of Children Education Allowance Year 2014-2015 amounting Rs.36000/- claimed vide Claim Application dated 09.11.2015 (Annexure-8) in terms of statutory orders dated 30.07.2015 (A- 6) and 31.10.2015 (A-2) quashing/setting aside the intervening period dies non orders dated 13.10.14.

(v) Direct the respondents to pay interest @24% per annum on the above said inordinately delayed and overdue payments of subsistence allowance and CEA 2014-15 from the date of 18.10.2014 upto the date of realization, without any further delay and in a time bound manner, the same being a property under Article 300A of the Constitution of India.

(vi) Award/grant cost of the litigation in the favour of applicant and against the respondents.

(vii) Award/grant adequate compensation to applicant for harassment and mental agony suffered upon withholding of said subsistence allowances etc.

(viii) Grant any other relief or pass any other order which this Hon'ble Tribunal may deem fit and proper in law & equity and in the facts and circumstances of the case."

2.

When the matter is taken up for hearing, it is noticed that for the last many dates, i.e. 02.08.2019, 26.09.2019 and 09.10.2019, the applicant had not been appearing in this matter. On the previous date, i.e., 09.10.2019 also, it was recorded that a last opportunity is provided to the applicant to plead his case. Even today, nobody appears for the applicant even on the revised call. Hence, in view of the continuous absence of the applicant and non prosecution of the case, the OA is dismissed in default and for lack of prosecution. Pending MA also stands disposed of. No costs.