Central Administrative Tribunal - Madras
R Jayakumar vs M/O Railways on 13 March, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH DATED THIS THE 13TH DAY OF MARCH, TWO THOUSAND EIGHTEEN PRESENT THE HON'BLE MR, R. RAMANUJAM, MEMBER (A) OA/310/000161/2017 R, Jayakumar, Rtd. Diesel Assistant, Southern Railway, 62, Thirukurat Street, College Nagar, ' Villupuram 605 602. -versus- 1. Union of India rep., by The General Manager, Southern Railway, Park Town, Chennai 600 003, 2. The Sr. Divisional Personnel Officer, Salem Division, Sooramangalam Post, Southern Railway. By Advocates: 'M/s Ratio Legis, for the applicant. Mr. P. Srinivasan, for the respondents. . Applicant . .Respondents -2- ORDER
(Pronounced by Hon'ble Mr. R. RAMANUJAM, Member (A)) Heard both sides. Learned counsel for the applicant submits that the applicant's retirement benefits were withheld due to proceedings under HMOP pending before the competent Family Court for Restitution of Conjugal Rights. Maintenance had been ordered on the relevant interim application and therefore, retirement benefits were not paid to the applicant. However, subsequently the applicant and his estranged wife entered into a compromise and were united, Thereafter, there was no reason for the respondents to delay the payment of his retirement benefits any further. Accordingly the applicant seeks a direction to the respondents to release all his retirement benefits. --
2. Learned counsel for the respondents submits that the respondents were initially restrained from releasing the retirement benefits by the order of the Civil Court and therefore, the dues could not be released. Action would be taken in terms of any final order passed under the said proceedings.
3. In view of the submission above, it appears that the respondents have not been informed of the final outcome of the said case. Accordingly, the applicant is directed to produce the copy of the orders passed 'in HMOP. 156/2007 and the order passed in EP296/2015 in HMOP.156/2015 by the Villupuram Sub Court. On receipt of the same, the respondents shall act in accordance with law and pass necessary order regarding release of the retirement benefits of the applicant.
4, OAis disposed of accordingly. No costs.