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Central Administrative Tribunal - Delhi

Madan Gopal Chanana vs Municipal Corporation Of Delhi Through on 8 February, 2012

      

  

  

 CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
	
OA No.3722 of 2011
MA No.191 of 2012

New Delhi this the 8th day of February, 2012

Honble Dr. Dharam Paul Sharma, Member (J)

Madan Gopal Chanana,
Age 68 years,
s/o Late Shri Ram Saran Das,
R/o B-3/10, Paschim Vihar,
New Delhi-110063.
	.... Applicant
( By Advocate Shri S.K. Gupta )

VERSUS

1.	Municipal Corporation of Delhi through
	its Commissioner,
	Civic Centre, Minto Raod,
	Delhi.

2.	Office of Dy. Education Officer,
	Municipal Corporation of Delhi,
	(Education Department)
	Sadar Pahar Ganj Zone, Delhi.
.. Respondents
( By Advocate :  Shri Rahul Singh &
        Mrs. Shanti Soren, D. Director (Education) 
departmental representative)


O R D E R (Oral)

The applicant has filed this Application seeking directions to the respondents to release retiral dues viz. Leave Encashment, Gratuity and final pension.

2. From the records, it appears that the respondents have proposed to proceed in this case under Rule 69 of CCS (Pension) Rules, 1972, on account of certain criminal case pending against the applicant.

3. During the pendency of this Application, the applicant has unfortunately expired on 22.12.2011. As a result thereof, the proceedings shall stand abated against the applicant. Therefore, there could not be any warrant of withholding of retiral dues of the applicant as proposed earlier by the respondents. It has been mentioned at the Bar by the counsel for the respondents on instructions from the departmental representative that department is proceeding to release the retiral dues to the heirs of the applicant as per the applicable rules, expeditiously, preferably within a period of two months.

4. In these premises, this Application is disposed of on consensual basis in above terms.

5. It is clarified that in case any further grievance survives, the legal representatives of the applicant shall be at liberty to take recourse to legal remedy as per the law.

(Dr. Dharam Paul Sharma) Member (J) /ravi/