Central Administrative Tribunal - Delhi
Suresh Sharma vs M/O Finance on 28 November, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA No.4342/2018
New Delhi this the 28th day of November, 2018
Hon'ble Ms. Nita Chowdhury, Member (A)
Suresh Sharma,
Retired Additional Controller (Admn.), NTRO
Aged 65+ years (Senior Citizen)
S/o Late Sh. OP Sharma,
R/o 305, Pink Apartments,
Sector 18-B, Dwarka,
New Delhi-110078 -
Applicant
(Applicant in person)
VERSUS
Union of India through
1. Secretary (Expenditure)
Ministry of Finance,
North Block, New Dehli-110001
2. The Chief Controller (Pension)
Central Pension Accounting Office (CPAO)
Ministry of Finance,
Department of Expenditure,
Trikoot-II, Bhikaji Cama Place,
New Delhi-110066 - Respondents
(By Advocate: Mr. Rajneesh Prasad)
O R D E R (Oral)
Ms. Nita Chowdhury:
The applicant has filed this Original Application (OA), seeking the following reliefs:-
"(I) direct the respondent to ensure that the pension for the months of August, September 2 and October, 2018 is credited forthwith to the Bank account of the applicant and future payments of pension are made on time. (II) direct the respondent to ensure payment of interest @ 18% on the delayed payment of pension from the due date till the payment is actually credited to the bank account of the applicant.
(III) impose exemplary cost on the respondents for the financial hardship, mental agony and emotional trauma caused to the applicant to ensure that no other pensioner is subjected to this treatment.
(IV) pass any further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."
2. Mr. Rajneesh Prasad, learned counsel, appears on advance notice for the respondents.
3. When the OA is taken up for admission, it is noticed that the applicant has himself stated that on 27.10.2018, he had submitted an application to the respondents with regard to non-payment of his pension for the months of August, September and October, 2018. However, from the record, it is found that the applicant has himself stated that there was a departmental inquiry pending against him and after the conclusion of the same, Pension Payment Order dated 16.08.2018 was sent by the parent office of the applicant for arranging payment of pension. He also states himself that PPO was sent on 31.08.2018 to 3 CPPC, SBI, Chandni Chowk, Delhi, after the pension for August, 2018 has become due to him. Hence, he filed an online complaint about delay in payment of pension for the months of August, September and October, 2018 on 27.10.2018 which is Annexure A-3 in this OA.
4. It is found that that the grievance as to the payment of pension has not been addressed to the main respondent, who is responsible for paying the pension to the applicant, i.e., NTRO, Government of India. In fact, it is also found that there is no representation having been made in this regard to their Assistant Officer/Accounts Officer who had sanctioned payment of the pension vide NTRO letter dated 16.08.2018.
5. Quite clearly, the applicant has not exhausted the alternative remedy of first bringing his grievance to the notice of PPO issuing authority and only thereafter should he prefer OA. Hence, this OA could not be entertained unless the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances under Section 20 of the AT Act, 1985. Further, his allegation that his payment of pension is being willfully delayed by the respondents is also not borne out by the facts.
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6. However, in the interest of justice, the OA is disposed off at the admission stage itself, without going into the merits of the case, by directing the respondents to ensure timely and immediate payment of pension to the applicant positively within a period of 30 days from the date of receipt of a certified copy of this order. No order as to costs.
(Nita Chowdhury) Member (A) /lg/