Suresh vs Commissioner East Delhi Municipal Corporation (EDMC) Udyog Sadan, 2nd Floor, Plot Not No.-419 & Others

Mohd. Jamshed, Member (A)

(Through Video Conferencing)

This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief(s):

“(i) To allow present application and direct the Respondent Authority for re-fixation of monthly pension of the applicant on revised pay scale after

grant of 1st & 2nd MACP as per the applicable circulars of the Central Pay Commission and release all the consequential benefits thereafter and

Further release the amount of Rs. 2,38,015/ - as withheld by the respondent authority without any intimation to the applicant as he is superannuated

from his service w.e.f., 31.05.2018.

(ii) Further, direct the respondent to release the amount of Rs. 2,38,015/- as withheld by the respondent authority without any communication with the

applicant.

(iii) Pass any further order(s) as this Hon’ble Tribunal may deems fit and proper for in the interest of justice.â€​

The brief facts of the case are that the applicant was initially appointed as Safai Karamchari on regular basis in East Delhi Municipal Corporation

(EDMC) on 10.12.1980 and he retired from service on 31.05.2018 on attaining the age of superannuation. According to the applicant, since no

promotion has been granted to him during the entire tenure, he is entitled for 1st and 2nd MACP in terms of the recommendations of 6th and 7th CPC

as per the circular issued by the Finance Department, Govt. of NCT of Delhi; and also for payment of retiral dues and the amount of Rs. 2,38,015/-

withheld by the respondents as mentioned in the PPO.

The applicant contends that he made a representation dated 19.01.2021 in this behalf. However, no action has been taken thereon by the

respondents so far.

Today, I heard Mr. Anirudh Sharma, learned counsel for the applicant and Mr. Sahib Gurdeep Singh, learned counsel appeared on behalf of the

respondents, at the stage of admission, through video conferencing.

Learned counsel for the applicant submits that the applicant would be satisfied, if the respondents are directed to consider his representation dated

19.01.2021 and to pass a reasoned and speaking order thereon, in a time bound manner. There is no objection to this by the learned counsel for the

respondents.

Accordingly, the O.A. is disposed of at the admission stage itself, without going into the merits of the case, with a direction to the respondents to

consider the representation dated 19.01.2021 of the applicant and to pass a reasoned and speaking order, as early as possible, and in any case not later

than 10 weeks from the date of receipt of a copy of this order.

There shall be no order as to costs.