Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

Central Administrative Tribunal - Bangalore

M Muniappan vs M/O Textiles on 21 February, 2019

                                        1         OA.No.170/00278/2018/CAT/Bangalore Bench

                      CENTRAL ADMINISTRATIVE TRIBUNAL
                            BANGALORE BENCH
                  ORIGINAL APPLICATION NO.170/00278/2018

                DATED THIS THE 21st DAY OF FEBRUARY, 2019

                HON'BLE DR.K.B.SURESH, JUDICIAL MEMBER

           HON'BLE SHRI C.V.SANKAR, ADMINISTRATIVE MEMBER

   M.Muniappan, MTS (Rtd.)
   Aged: 62 years
   S/o Muniyappa
   Retired MTS (Central Silk Board)
   Now D.No.26, 2nd Cross
   Jawahar Nagar, Tali Road
   Hosur-635 109
   Krishnagiri District , Tamil Nadu State.                              ...Applicant

                            (By Advocate Sri Ranganath S.Jois)

                                            Vs.
1. The Union of India
   Represented by its Secretary
   Ministry of Textiles
   New Delhi.

2. The Central Silk Board
   Represented by its Director
   CSB Complex, BTM Layout
   Madiwala, Bangalore-560 068.

3. The Joint Director (Admin)
   Central Silk Board
   BTM Layout, Madiwala
   Bangalore-560 068.

4. The Director
   Central Sericulture Jerm Plasm Resources Centre
   Central Silk Board
   P.B.No.44, Thalli Road
   Hosur-635 109
   Krishnagiri District, Tamilnadu.                                    ...Respondents

            (By Advocates Sri H.R.Sreedhara & Sri Aravinda V.Chavan for R2)

                               O R D E R (ORAL)

(PER HON'BLE DR.K.B.SURESH, MEMBER (JUDL.) Heard. Apparently following our orders earlier, the respondents had issued 2 OA.No.170/00278/2018/CAT/Bangalore Bench Annexure-A6 which we quote below:

Revised statement of damage charges for un-authorised occupation of staff quarters by Shri M.Muniyappan, Ex-Attender of CSGRC, Hosur.
            Quarters occupied on                      :     28.11.2003
            Transferred/Received on                   :     15.05.2010
            Permitted period of qtrs.                 :     16.05.2010 to 31.05.2011
            Un-authorized occupation period           :     01.06.2011 to 09.04.2014
            Vacated on                                :     10.04.2014 x

             Period                  Normal          Revised          Difference     To be paid
                                   License fee     License fee
From             To
01.07.2007       30.06.2010      144.00           185.00            41.00               1476.00
(36 months)
01.07.2010       31.05.2011      185.00           260.00            75.00                 825.00
(11 months)
01.06.2011       31.12.2012      140.00                             140x41 sq.m.      109060.00
(19 months)
01.01.2013 09.04.2014 x 140.00                                      140x41x15 15       86100.00
(15 months 9                                                        months     x
days)                                                               damage              1722.00
                                                                    charges    9
                                                                    days

                                                                                      199183.00
Sub Total
Water Charges
01.01.2011 to 30.06.2013         20.00                             20x25                  500.00
(25 months)
01.07.2013 to 09.04.2014                          45.00            45x9 9 days            405.00
(9 months 9 days)                                                                          14.00

                                                  TOTAL                               200102.00

                                                  Recovered (-)                        23364.00

                                                                                      176738.00

                                                  Recovered (-)                        29613.00

                                                  Balance                             147125.00
                                   3           OA.No.170/00278/2018/CAT/Bangalore Bench

2. We therefore queried the Learned Counsel for the applicant as to whether he has any grievance regarding calculation. It does not appear he has any such grievance. His grievance is to be he is a Group-D and low paid official who is subjected to recovery of Rs.1,47,125/- by which minus the recovery of Rs.52,977/-.

We had ascertained his salary. The Learned Counsel would say that his take home pay would be Rs.23,000/-. Apparently the amount is collected from him in instalments. However, since the matter is of excess rent collected in instalments, after hearing the Learned Counsel, we are convinced that the terms proposed by the respondents seems to be reasonable. It is also said that the connected matter had gone upto the High Court and High Court has dismissed the same. Therefore, nothing remains to be adjudicated. There is no merit in the contentions made. Just because he may be amongst the lowest paid employees, it does not mean that he need not pay Rs.260/- as license fee. There is no merit in the OA. Dismissed. No costs.

(C.V.SANKAR)                                                   (DR.K.B.SURESH)
 MEMBER (A)                                                      MEMBER (J)


/ps/
                                     4           OA.No.170/00278/2018/CAT/Bangalore Bench

Annexures referred to by the applicant in OA.No.170/00278/2018 Annexure A1: Copy of the earlier pleadings before this Tribunal in OA.No.446/2014 Annexure A2: Copy of the order dtd.17.8.2016 in OA.No.446/2014 Annexure A3: Copy of the order dtd.14.7.2010 Annexure A4: Copy of the order dtd.13.1.2014 Annexure A5: Copy of the letter dtd.11.1.2017 Annexure A6: Copy of the revised statement of damages for un-authorised occupation of staff quarters by the applicant Annexure A7: Copy of contempt petition has been closed on 5.1.2018 in CP.No.170/69/2017 Annexure A8: Copy of the representation dtd.15.12.2017 Annexures with reply statement:

Annexure-R1: Copy of Office Memorandum No.18011/1/2015-Pol.III dtd.22.7.2016 issued by Directorate of Estates, Ministry of Urban Development, Government of India, New Delhi.
*****