Central Administrative Tribunal - Delhi
Sh Ajay Nath Singh vs M/O Defence on 20 November, 2019
1 OA 1454/2015
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 1454/2015
This the 20th day of November, 2019
Hon'ble Mr. A. K. Bishnoi, Member (A)
Hon'ble Mr. R.N. Singh, Member (J)
1. Ajaynath Singh age, About 51 years
Rank W.O.
Army No 8374962P
S/o Late sh. Vishawnath Singh
1 CBPO C/o 56 APO
2. Sunil Kumar age about 43 years
Rank -PM
Army No. 8374392K
S/o Sh. Sangit Singh
ADG, APS PLI C/O 56 APO
3. Ramesh Prasad Singh Nirala age about 48 years
S/o Sh. Raghu bansh Prasad Singh
Rank-PA Army No. 8374611A
2 CBPO C/O 56 APO
4. Satish Prasad Singh age about 45 years
S/o M.P. Singh Rank W.O.
PH & HP (1) Sub Area
SDS Unit 56 APO
5. Ramesh Kumar age about 51 years
Rank-N.K/PO
Army No.8375298-M
S/O Ram Surat Singh
CBPO, C/O 56 APO
6. Binod Das age about 42 years
Rank-P.A
Army No.8374632 WO
S/o Sh. Ram Lakhan Das
ADJ APS PLI C/O 56 Apo
7. Pramod Mehta age about 45 years
Rank-P.A.
Army No.8375210-X
S/o Sh. Birju Mehta
2 OA 1454/2015
ADJ APS PLI C/O56 APO
8. Suresh Paswan age about 47 years
Rank-W.O.
Army No.8375147.N
S/O Akeloo Pawan
ADJ APS PLI C/O 56 APO
9. Satish Kumar Ray age about 43 years
Rank-WO
Army No.8375172 M
S/o Sh. Uttim Lal Ray
1 CBPO C/O 56 APO
10. Sanjay Kunadal age about 47 years
Rank-WO
Army No. 837458
S/o Sh. Kishan Dutt
ADG APS PLI
11. Sahshi Kant Masti Naik age about 47 years
Rank -WO
Army No. 8374970 N
S/o Sh. Masti M. Naik
CBPO C/O 56 APO
12. Rajdev Prasad Ram age about 37 years
Rank-WO
Army No. 8375139 P
S/o Sh. Rameshwar Ram
1 CBPOC/O 56 APO
13. Jagpal Singh age about 43 years
Rank-N.k/PO
Army No. 8375580 X
S/o Late Sh. Jai Singh
ADG APS PLI
14. Kishan Kumar age about 46 years
Rank-WO
Army No. 8374907 Y
S/o Nageshwar Mishar
1 CBPO C/O56 APO
15. Raj Kumar Panjiyar age about 50 year
Rank-WO
Army No. 8375533 N
S/o Late Sh. Shobhit Panjiyar
ADG APS PLI
3 OA 1454/2015
16. Tadavi Mahmood Nathu age about 39 years
Rank-WO
Army-8375498 H
S/o Nathu Uakhadu Tadavi
ADG APS PLI
17. G.C. Pradhan age about 41 years
R.W.O
Army no. 8375560 K
S/o Sh. Narayan Chandra Pradhan
ADG APS PLI
18. Sohan Lal Sharma age about 49 years
Rank-K
Army No. 8373275 M
S/o Late Sh. Bali Ram Sharma
ADG APS PLI
...Applicants
(By Advocate: Sh. Lalta Prasad)
VERSUS
1. Union of India
Through
The Secretary Ministry of
Communication& IT Dak Bhawan
Sansad Marg, New Delhi.
2. Additional Director General
Army Postal Services Con
Master General Branch Army
Head Quarter New Delhi
3. O/C Post & Telegraph Administrative Cell
Comptee Nagpur
4. Chief Post Master General
New Delhi
...Respondents
(By Advocate: Ms. Kiran Ahlawat)
ORDER (Oral)
Hon'ble Mr. R.N. Singh, Member(J):
Heard both the parties.
4 OA 1454/2015
2. In the present OA, the applicants have prayed for following reliefs:-
"(i) to direct the respondents to be treat applicants as on regular services from the time they got themselves entered into the service of Army Postal Service in which they joined the service.
(ii) To direct the respondents' service of the applicants to be governed by the CCS (Pension) Rules, 1972 since their regular service in the Army Postal Service commenced prior to 1.1.04.
(iii) to direct the respondents to stop recovery of contributions to the new Pension Scheme
(iv) to direct the respondents to refund the amount so far collected from the applicants with the interest at 12% from the that date of recovery each month till the date of refund.
(v) to pass any other order/orders as deem fit and proper in the facts and circumstances of the case.
Prayed accordingly."
3. Learned counsel for applicants under instructions from one of the applicants, who was present in the court submits that during the pendency of the OA, respondents have granted the relief No. (i),
(ii) and (iii) and they have granted particularly the relief (iv). The only grievance of the applicants remains at this stage is that though the respondents have started refunding the amount collected from the applicants, however, they have not passed any order on the amount referred to by the applicant in para (iv) above.
5 OA 1454/2015
4. Learned counsel for the applicants submits that the applicants are entitled for interest on such amount in accordance to Rules.
5. In view of the aforesaid, the present OA is disposed of with direction to the respondents to consider the claim of applicants qua interest and the amount deducted from the applicants under the head 'NPS' and to pass a reasoned and speaking order keeping in view the relevant rules and instructions as expeditiously as possible and in case within eight weeks from the date of receipt of a certified copy of this order.
6. OA stands disposed of in the aforesaid terms.
7. There shall be no order as to costs.
[
(R.N. Singh) (A.K. Bishnoi)
Member (J) Member (A)
/akshaya/