Central Administrative Tribunal - Ernakulam
Balakrishnan Pm vs Home Affairs on 25 November, 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Miscellaneous Application No. 180/00698/2024
in
Original Application No. 180/275/2023
Monday, this the 25th day of November, 2024.
CORAM:
HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Mrs. V.RAMA MATHEW, ADMINISTRATIVE MEMBER
1. Balakrishnan P.M, aged 72 years,
S/o. (late) K. Madhavan,
Retired Stenographer Grade I and Personal Assistant to
Additional Director General, O/o. the Director General,
Assam Rifles, Shillong. Residing at Melapazherickal House,
Kulathur Prayar P.O, District Kottaym Pin - 686 541.
2. M. Balachandran Nair, aged 73 years,
S/o. (late) Madhavan Pillai,
Retired Stenographer Grade I, Personal Assistant to
Commandant, Assam Rifles, Training Centre & School,
P.O, Dimapur, Nagaland, Residing at Sree Prasadam,
Netaji Nagar P.O, Valuthungal, Kollam District,
Pin - 691 018. - Applicants
[By Advocates : Mr. T.C. Govindaswamy, Mrs. Kala T. Gopi,
Mr. Kailesh T. Gopi, Mrs. Nishitha Balachandran]
Versus
1. Union of India represented by the Secretary to the Government
of India, Ministry of Home Affairs, New Delhi - 110 001.
2. The Director General, Assam Rifles, Ministry of Home Affairs,
Government of India, Shillong - 793 010. - Respondents
[By Advocate : Mr. M.K. Padmanabhan Nair, ACGSC]
The Miscellaneous Application having been heard on 25.11.2024,
the Tribunal on the same day delivered the following:
2024.12.02
A X SHERIN
15:41:38+05'30'
2
M.A No. 180/00698/2024 in OA/275/2023
O R D E R (Oral):-
Per: Justice Sunil Thomas, Judicial Member The applicants were in the service of Assam Rifles under the respondents as Stenographers. They were granted promotion as Grade I Stenographer in service. While so, Annexure A-3 dated 19.09.1989 issued by Ministry of Home Affairs, by which permission was granted for combatisation by conversion of all civilian posts in Assam Rifles. Willingness of all the existing staff were sought.
2. Applicants have approached this Tribunal contending that they should be deemed to have been combatised staff in terms of Annexure A-3 with effect from 19.09.1989 or from the date they were promoted as Grade I Stenographers with all consequential benefits.
3. The applicants retired on March 2011 and August, 2009 respectively. It seems that the process of medical check up and training tests as part of combatisation process were completed in November 2011. The applicants did not undergo medical examination.
2024.12.02 A X SHERIN 15:41:38+05'30' 3 M.A No. 180/00698/2024 in OA/275/2023
4. When the matter was came up for admission, it was noticed that there was substantial delay in approaching this Tribunal. The applicants were directed to explain the delay. It seems that reply statement was filed by the respondents and rejoinder was also filed by the applicants. Evidently, the present application was filed only in August, 2024, though pleadings were completed.
5. The delay sought to be condoned is 114 days reckoned from the filing of the O.A and if the delay is calculated on the submission of last representation, it is 3 years.
6. The learned SCGSC has filed a detailed objection traversing the various allegations and denying the case set up by the applicants. It seems that applicants have a case that an identically situated person, one Mr. Mohanan was granted benefit of combatisation. We find that all the applicants had given their consent. However, the entire process of combatisation was completed only in 2011, by which time all the applicants had retired. It seems that Mr. Mohanan continued to be in service and granted benefit. Evidently, applicants were aware of the entire 2024.12.02 A X SHERIN 15:41:38+05'30' 4 M.A No. 180/00698/2024 in OA/275/2023 process and they remained idle. The only explanation offered is that the first applicant became sick and was under the treatment for cancer for a long time and the 2nd applicant has undergone a surgical treatment recently. The period during which they were undergoing treatment is not disclosed in the application.
7. We are not at all satisfied with the explanation offered. The applicants remained idle without moving this Tribunal. Having considered that the long delay stands unexplained and both the applicants who are in the 70s, were aware of the proceedings. The delay is not explained. Accordingly, we are not inclined to condone the delay. MA is dismissed. No costs.
(Dated, 25th November, 2024)
V. RAMA MATHEW JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
ax
2024.12.02
A X SHERIN
15:41:38+05'30'
5
M.A No. 180/00698/2024 in OA/275/2023
List of Annexures in M.A No. 180/00698/2024 in OA/275/2023 Annexure A1- True copy of the letter No. A/I-A/10-82/77 dated 30.09.1982, communicated by Memo dated 06.10.1982 issued by the Director General of Assam Rifles.
Annexure A2- A true copy of the letter No.A/1-A/10-83/247 - dated 31.07.1983 issued by the Director General of Assam Rifles. Annexure A-3- A true copy of the letter No. 27011/44/88-PF dated 19.09.1989 issued by the Ministry of Home Affairs. Annexure A-4- A true copy of the service certificate of the applicant Balakrishnan P.M Annexure A-5- A true copy of the service certificate of the applicant M. Balachandran Nair Annexure A-6- A true copy of the representation filed by the first applicant.
Annexure A-7 series - True copies of the representations dated 15.10.2013, 26.08.2009, 07.04.2010 and 20.07.2021. Annexure A-8- A true copy of the letter bearing No. Addl DGAR's Sectt/P & Trf dated 16.12.2005, issued by the officiating staff Officer. Annexure A-9- A true copy of the letter bearing No. ADG Sectt/Misc/09/357 dated 29.04.2009 along with its enclosures. Annexure A-10- A true copy of the gradation list in respect of PS to DGAR, Sub (PA) etc. bearing No. Rec (Adm-IV)/Gdn List/2001/442 dated 28.03.2001.
Annexure A-11- A true copy of the order bearing No. A/1-1/10-82/76 dated 04.10.1982, issued by the Deputy Director General, Assam Rifles.
2024.12.02 A X SHERIN 15:41:38+05'30' 6 M.A No. 180/00698/2024 in OA/275/2023 Annexure R-1- True copy of order dated 14.01.2009 Annexure R-2- True copy of letter A/Pers/11-7/C dated 09.11.2011 Annexure R-3- True copy of list dated 18.11.2011 Annexure R-4- True copy of Combatisation of Civil Staff dated 14.10.2013.
Annexure R-5- True copy of order dated 21/26.03.2022. Annexure R-6- True copy of Rule 15 (3) (C) of AR Rules 2010.
****** 2024.12.02 A X SHERIN 15:41:38+05'30'