Tribunals and CommissionsSingle Bench(2019) 09 CAT CK 0048

V.K. Pandey And Ors vs Union Of India And Ors

Central Administrative Tribunal · Decided on 23 September 2019

HON’BLE JUDGES
Nita Chowdhury, Member (A)
RESULT
Dismissed
CASE NUMBER
Original Application No. 2826 Of 2019, Miscellaneous Application No. 3137 Of 2019

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Judgment

9 paragraphs · 265 words

MA No. 3137/2019 for joining together is allowed for the reasons stated therein.

2.

This Original Application (OA) has been filed by the applicants seeking the following reliefs:-

"A. To hold and declare that the Applicants are eligible to get Special Train Controllers Allowance @ Rs.5,000/- per month from 01.07.2017 onwards till date as per the recommendations of 7th Central Pay Commission.

B. To direct the Respondents to pay the Applicants Special Train Controllers Allowance @Rs.5,000/- per month from 01.07.2017 onwards till date as per the recommendations of 7th Central Pay Commission alongwith consequential benefits.

C. To direct Respondents to release all the arrears to the Applicants to the tune of Rs.5,000/- per month from 01.07.2017 till the date of payment alongwith interest @9% per anum alongwith consequential benefits.

D. Costs of the litigation may also be awarded in favour of the Applicants and against the respondents.

E. Any other relief which this Hon'ble Court may deem fit and proper."

2.

When the matter is taken up, counsel for the applicants draws our attention to the representation filed by them on 06.12.2018 placed at Annexure A-11, but no proof of service is provided in the said representation. Hence, as per Section 20 of the AT Act, 1985, the applicants shall first file the representation to the respondents and after giving respondents six months' time to reply to the same, then only can they file the OA in the CAT with proof of submission of such representation to the respondents.

3.

With the above directions, the OA is dismissed as premature at the admission stage itself.