Central Administrative Tribunal - Delhi
Ramakrishanan Thondiyeri vs M/O Defence on 9 August, 2019
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.2346/2019
Friday, this the 9th day of August 2019
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
Ramakrishnan Thondiyeri
Aged about 71 years, Group A
s/o Sh. Chekku Poojari
B-206, Kendriya Vihar Sector 56,
Gurgaon
Haryana 122011
Designation : ADM (Doc) Translation Officer
..Applicant
(Mr. Manoj V George, Advocate)
Versus
1. Union of India through Chief Secretary
Ministry of Defence
South Block, Rajpath E Block
Central Secretariat,
New Delhi - 110 011
2. Director General ATVP,
Department of Defence R&D
Headquarters ATVP
"Aakanksha"
Development Enclave,
Rao Tula Ram Marg
New Delhi - 110 010
..Respondents
(Mr. Gyanendra Singh, Advocate)
O R D E R (ORAL)
Justice L. Narasimha Reddy:
The applicant joined the service of Ministry of Defence as Translation Officer (Russian/English) on 17.01.1973 and retired 2 on 31.05.2008, on attaining the age of superannuation. It is stated that he was extended the benefits of two financial upgradations under Modified Assured Career Progression (MACP) Scheme on 01.09.2008. The applicant submitted a representation dated 07.12.2018 with a request to extend him the benefit of MACP in the light of the judgment of Hon'ble Supreme Court in Union of India v. Balbir Singh Turn, (2017) 14 SCALE 189. It is stated that the respondents have not decided the said representation.
2. We heard Mr. Manoj V George, learned counsel for applicant and Mr. Gyanendra Singh, learned counsel for respondents, at the stage of admission.
3. The applicant did not have any grievance as such, when he retired from service in 2008. However, on 25.07.2018, the Ministry of Defence addressed a letter to the Chief of the Army Staff, New Delhi, directing that in view of the judgment of Hon'ble Supreme Court in Balbir Singh Turn (supra), certain dates in the letter dated 30.05.2011 must be altered. It was mentioned that in place of "01 Sep 2008", the words "01 Jan 2006" shall be substituted. Since the applicant retired from service before 01.09.2008 but subsequent to 01.01.2006, the question as to whether letter dated 25.07.2018 has any bearing on the applicant, needs to be examined by the respondents. 3
4. We, therefore, dispose of the O.A. directing the respondents to dispose of the representation dated 07.12.2018, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.
( Mohd. Jamshed ) ( Justice L. Narasimha Reddy ) Member (A) Chairman August 9, 2019 /sunil/