Central Administrative Tribunal - Delhi
Rajghat Samadhi Committee Rajghat vs Union Of India on 9 May, 2014
IN THE CENTRAL ADMINITRATIE TRIBUNAL PRINCIPAL BENCH OA 951/2013 New Delhi this the 9th day of May, 2014 Honble Mr. A.K.Bhardwaj, Member (J) Mr. Jai Kanwar Tyagi, S/o Mr. Taj Singh Tyagi, Mohallah Tyagi Wada, Village-Badshshpur, Dist-Gurgaon, Haryana Presently working at: Rajghat Samadhi Committee Rajghat, Mahatma Gandhi Marg, New Delhi. Applicant (By Advocate Shri Nasir Ahmed ) VERSUS 1. Union of India Through, The Secretary, Rajghat Samadhi Committee Rajghat, Mahatma Gandhi Marg, New Delhi-02 2. The Joint Secretary (Ceremonial), Ministry of Urban Development, (Govt. of India), 3. The Chairman, Rajghat Samadhi Committee, Ministry of Urban Development, Govt. of India, Nirman Bhawan New Delhi. Respondents (By Advocate Shri Mukti Bodh with Shri Sudhir Srivastava ) O R D E R (ORAL)
The applicant filed present Original Application under Section 19 of the Administrative Tribunals Act, 1985 praying therein:-
(i) To call all the records of the respondents for the kind perusal of this Honble Tribunal.
(ii) To direct the respondents to pass an order in the representation dated 18.06.2012, of the applicant.
(iii) To direct the respondents to implement the pension scheme to the applicant as the applicant is a regular employee of the RSC, to the Govt. of India.
(iv) Pass any other relief which this Honble Court deems fit and proper in favour of the applicant and against the respondents in the interest of justice. The tenor of the prayer made in the OA is that the respondents should take a view regarding provision of pension for the employees of Rajghat Samadhi Committee. Mr. Nasir Ahmed, learned counsel for the applicant submitted that in not giving the benefit of pension scheme applicable to Central Government employees to the applicant who voluntarily retired from the services of Rajghat Samadhi Committee, the respondents have committed illegality.
2. On the other hand, Mr. Mukti Bodh, learned counsel for the Rajghat Samadhi Committee submitted that in terms of Bye laws 24 of Rajghat Samadhi Revised Bye laws 1994, the employees of the Committee are entitled to the benefit of CPF Scheme and no pension Scheme is applicable to them. It is seen from the minutes of 112th meeting of Rajghat Samadhi Committee held on 22.09.2010 at 5.00PM that under item No.12, the Committee recorded that at present contributory provident fund scheme is applicable to the employees of Rajghat Samadhi Committee, but they are governed by CCS (CCA) Rules. Nevertheless, in para 4.4 of the reply filed by the Committee, it is stated that the Committee had decided to refer the proposal as mentioned in para 4.4 of the OA to Ministry of Urban Development, as the proposal involved huge financial implication and the Committee cannot on its own decide to extend the benefit of pension Scheme to the employees of the Committee. For easy reference, para 4.4 of the reply is extracted hereinbelow:-
4.4. That the contents of the para under reply are denied as stated. It is submitted that the Committee runs the administration of the Rajghat on the grants received from the Ministry of Urban Development, Government of India. Since any such decision involves huge financial implications, the Committee cannot on its own decide to implement any such scheme unless the same is approved by the Ministry of Urban Development, Government of India. This will also require necessary changes in the Bye-laws of the Committee. Under instructions of the Ministry, a reply to the legal notice dated 05.07.2012 of the applicant was sent vide letter dated 20.07.2012 wherein he was clearly informed that he is not eligible for pension scheme nor there is any rules and bye-laws to that effect. Copies of the same are annexed herewith as Annexure R-2 (colly.).
In the circumstances, OA is disposed of with direction to respondents to take a final view in the proposal referred to in para 4.4 of the reply, if not already taken. No costs.
(A.K.Bhardwaj ) Member (J) sk