Central Administrative Tribunal - Delhi
Ajay Kumar vs Iccr on 9 March, 2022
1
Item No. 21 OA No.587/2022
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 587/2022
This the 9th day of March, 2022
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
Ajay Kumar
S/o Mr. Ishwar Singh
R/o H. No. 915, Gali No. 19,
Libaspur, Delhi - 11042
(At present employed at New Delhi)
...Applicant
(By Advocate: Mr. Lohit Ganguly)
Versus
Director General
Indian Council for Culture Relations (ICCR)
(under the MEA, Union of India)
Azad Bhawan, I.P. Estate,
New Delhi - 110002
...Respondent
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman The applicant was a TGT (Hindi) in the Govt. Boys Sr. Secondary School under the Department of Education, Govt. of NCT of Delhi, when he was selected and issued offer of appointment dated 08.06.2018, in response to an 2 Item No. 21 OA No.587/2022 advertisement issued by the Indian Council for Cultural Relations (ICCR). On 19.12.2018, he assumed charge of his duties as the "ICCR Chair of Hindi at JNCC, Moscow". After completion of his tenure in Moscow, the applicant returned to New Delhi in the year 2020. During his stay in Moscow, he preferred a representation dated 17.01.2019, followed by reminders dated 27.06.2019, 11.07.2019, 06.11.2019, 13.01.2020 and 02.07.2021, with a request to review the remuneration payable to him by the respondent, as according to him, it fell quite short of what he should have been paid, as per his terms of appointment. However, he did not receive any response to those representations. He also filed an application u/s 6 of the RTI Act, 2005 with respect to his grievances as well as the details of the remuneration etc., but to no avail. Hence, he filed this OA seeking the following relief(s) :-
"a. the Hon'ble Tribunal may be pleased to direct the quantum of Foreign Compensatory Allowance payable to the applicant for the duration of his service at Moscow, Russia, may be recalculated at the rate of the level of the quantum that was being paid to the First Secretary rank at that time, at $ 4237.00 (four thousand two hundred and thirty seven dollars) per month, and the deficit payable after deducting what had been actually paid during that period is paid to him;
b. and further, any other and further orders as deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the applicant in the interest of justice."3 Item No. 21 OA No.587/2022
2. Heard Mr. Lolit Ganguly, learned counsel for the applicant, at the stage of admission.
3. At the outset, learned counsel for the applicant fairly submitted that the applicant would be satisfied if the respondents are directed to consider his aforesaid representations and dispose of the same by passing a reasoned and speaking order in a time bound manner.
4. Accepting the prayer made by the learned counsel for the applicant, we dispose of the O.A. at the admission stage itself, without going into the merits of the case, with a direction to the respondents to decide the representation dated 17.01.2019 followed by reminders dated 27.06.2019, 11.07.2019, 06.11.2019, 13.01.2020 and 02.07.2021 submitted by the applicant, by passing a reasoned and speaking order thereon, as early as possible, and in any case not later than three months from the date of receipt of a copy of this order.
There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
/jyoti/akshaya/