Central Administrative Tribunal - Delhi
Shiv Mangal Rai vs Union Of India on 5 March, 2010
Central Administrative Tribunal
Principal Bench, New Delhi.
OA 789/2008
New Delhi this the 5th day of March, 2010
Honble Mr. N.D. Dayal, Member (A)
1. Shiv Mangal Rai,
S/o Late Shri Hussaini Rai,
Vill-lalparsa, P.O. Sukulpakar,
P.S. Sugauli, District- East Champaran, Bihar.
(Retired as Sub Treasury Officer, Pension Paying Office,
Embassy of India, Pokhara, Nepal on 31.7.2006)
2. Basistha Narayan Chaudhary
S/o Late Anumol Chaudhary
Vill. lalparsa, P.O. Sukulpakar,
P.S. Sugauli, District- East Champaran Bihar.
(Retired as Sub Treasury Officer, Pension Paying Office,
Embassy of India, Dharan, Nepal on 1.2.2006)
3. Ravindra Nath Gurung
S/o Late Ram Magan Gurung,
Resident of Flat No.4,
G.Ks Shanti Nigam Apartment,
Bharni Colony, Sainikpuri,
Secundarabad, Andhra Pradesh
(Retired as Sub Treasury Officer, Pension Paying Office,
Embassy of India, Pokhara, Nepal on 31.7.2006) Applicants.
(By Advocate: Ms Pooja for Shri G.R.Pandey)
Versus
1. Union of India
Through Secretary,
Ministry of Defence,
Govt. of India, New Delhi.
2. Union of India
Through Secretary,
Ministry of External Affairs,
Govt. of India, New Delhi.
3. The Controller of Defence Account
Central Command Meerut,
Uttar Pradesh.
4. The Honble Ambassador,
Embassy of India,
Kathmandu, Nepal.
5. The Defence Attache,
Embassy of India,
Kathmandu, Nepal.
6. Asst.Military Attache (Pension)
Embassy of India,
Kathmandu, Nepal.
7. Officer In Charge
Indian Embassy
Pension Paying Office
Pokhara, Nepal. Respondents.
(By Advocate:Shri Ashish Nischal for Shri Rajinder Nischal)
ORDER (ORAL)
The relief sought by the applicants in this OA is for a direction upon respondents to pay them the pensionary and other allied benefits. In their averments the applicants have mainly brought out that they have given their whole lifes service as locally recruited persons in the Embassy at Nepal but when they are retired no benefits are made available to them for long and dedicated service. They have enclosed certain judgments of this Tribunal which show that cases of such employees have been dealt with by the Tribunal in the past. However, a perusal of the judgments does not indicate that any pension or pensionary benefits were paid in any of those cases. However, the applicants case seems to merit consideration on equitable, basis because it is not disputed that they have worked for nearly 30 to 35 years to the satisfaction of the employer. Therefore, having worked as Clerk/Sub Treasury Officer for so long in assistance of the Embassy and thereby contributing to the functions of the Embassy and interests of the country. There does not appear to be any reason why they should be entirely debarred from consideration for release of suitable benefit upon completion of such long service.
2. Learned counsel for the respondents by reference to the counter reply has made clear that there is no provision to accept the prayer of the applicants as they are inducted locally for the work of the Embassy and even though they may have continued for a long period of time it would not entitle them to the pensionary benefits which are extended only to those regularly recruited as per the Rules.
3. Considering the above situation, I am of the view that on equitable consideration there is force in the plea put forth by the applicants. Learned counsel for the applicants submits that the Government may be asked to consider the prayer of the applicants and in case there are no pensionary benefits to which the applicants are entitled at present at least they could consider evolving a suitable monetary compensation so that long and devoted service of the applicant does not go unrecognized giving rise to avoidable dissatisfaction in the long run. This matter is therefore disposed of by directing the respondents, particularly respondent no.2, to take steps to consider the possibility of recognizing long and devoted services of the applicants and others like them by grant of suitable benefit at the end of their service with the Embassy, in consultation with nodal Ministries/ Departments as necessary. The applicants shall be informed of the decision taken by a speaking order within a period of four months from the date of receipt of a certified copy of this order. No costs.
(N.D.Dayal) Member (A) /kdr/