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Central Administrative Tribunal - Madras

K S Basheer Ahamed vs Department Of Personnel And Training on 19 April, 2021

                                        1                          OA 451/2021


                        Central Administrative Tribunal
                                Madras Bench

                              OA/310/00451/2021

             Dated the 19th day of April Two Thousand Twenty One

                                PRESENT
                      Hon'ble Mr.S.N.Terdal, Member(J)
                                      &
                      Hon'ble Mr.C.V.Sankar, Member(A)


K.S.Basheer Ahamed,
S/o Syed Mohideen,
No.13 Kattu Pudu Street,
Melapalayam,
Tirunelveli Districrt 627005.               ..Applicant
By Advocate M/s.Polax Legal Solutions

Vs.

   1. Union of India, rep. by
      The Secretary,
      D/o Personnel & Training,
      North Block, Central Secretariat,
      New Delhi 110001.
   2. The Deputy General Manager,
      Pension Fund Regulatory & Development Authority,
      ChatrapatiShivajiBhavan,
      QutabInstitutional Area,
      KatwariSarai,
      New Delhi 110016.
   3. The Secretary,
      D/o Posts,
      Postal Directorate,
      Dak Bhavan,
      New Delhi 110002.
   4. The Chief Postmaster General, Tamilnadu Circle,
      Chennai 600002.
   5. The Postmaster General,
      Southern Region, Tamilnadu,
      Madurai 625002.
   6. The Senior Superintendent of P.O.S,
      Thirunelveli Division,
      Thirunelveli 627002.                ..Respondents
By Advocate Mr.M.Kishore Kumar-SPC, Mr.K.Rajendran
                                            2                                OA 451/2021


                                   ORAL ORDER

[Pronounced by Hon'ble Mr.S.N.Terdal, Member(J)] The relief prayed for in this OA is as follows:-

"To call for the records relating to the impugned order of the second respondent in Memo No.PFRDA/17/07/13/0001/2018-SUP-CG(Part 1) dated 02.12.2019, and quash the same in so far as the non-assurance of the minimum monthly pension, and direct the respondents to take appropriate action to assure the applicant of a fixed monthly pension under the NPS Scheme, which is not less than 50% of his pay on retirement."

2. Heard Polax Legal Solutions for the applicant and Mr.M.Kishore Kumar and Mr.K.Rajendran for the respondents on advance notice.

3. From the perusal of the impugned order dated 02.12.2019, it is clear that it is not a final order and the prayers of the applicant are still under consideration before the respondents. No final decision is taken in the matter. When this is pointed out during the hearing, counsel for the applicant wants to withdraw this OA with a liberty to file better OA and sought permission for the same.

4. Permission is granted to withdraw the OA. Accordingly, this OA is dismissed as withdrawn. Applicant is at liberty to exercise an appropriate legal remedy, if so advised. No costs.

(C.V.Sankar)                                                         (S.N.Terdal)
Member(A)                                                             Member(J)
                                   19.04.2021

/G/