Central Administrative Tribunal - Delhi
Satender Kumar S/O Ch. Satvir Singh vs Government Of Nct Of Delhi Through on 16 December, 2008
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH NEW DELHI O.A. NO.1979/2008 This the 16th day of December, 2008 HONBLE SHRI JUSTICE V. K. BALI, CHAIRMAN HONBLE DR. RAMESH CHANDRA PANDA, MEMBER (A) Satender Kumar S/O Ch. Satvir Singh, R/O A-975, Gadoli Dairy Farm, Mayur Vihar Phase-III (Kondli Gadoli), Delhi. Applicant ( By Shri S. K. Gupta, Advocate ) Versus 1. Government of NCT of Delhi through Chief Secretary, Players Building, IP Estate, New Delhi. 2. Principal Secretary (Home), Players Building, IP Estate, New Delhi. 3. Chief Fire Officer, Fire Headquarters, Delhi Fire Service, Connaught Place, New Delhi. 4. Medical superintendent, LNJP Hospital, Govt. of NCT of Delhi, Asaf Ali Road, New Delhi. 5. Comptroller and Auditor General of India, AGCR Building, Near Police Headquarters, IP Estate, New Delhi. 6. Director (Audit), O/o Principal Secretary (Finance), Government of NCT of Delhi, Delhi Secretariat, Delhi. 7. Director (Vigilance), Directorate of Vigilance, Government of NCT of Delhi, Delhi Secretariat, Delhi. Respondents ( By Shri Vijay Pandita for Respondent No.3 and Shri Anil Kumar Singh for Respondent No.5, Advocates ) O R D E R Justice V. K. Bali, Chairman:
Prayer made in this Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 is to allow the applicant to perform his duties and also pay him salary from April, 2008 onwards, as also release the withheld salary for the period January, 2006 to May, 2006.
2. Brief facts as may be required for disposing of the present Application reveal that the applicant was enlisted as Fireman in Delhi Fire Service, the 3rd respondent herein, in the year 1990, and during the span of his service remained posted with various fire stations from time to time. While posted at Moti Nagar fire station, it is the case of the applicant, that his salary for five months from January, 2006 to May, 2006 was not paid. He received information that during annual audit, it was written that the salary had been paid, however, it was once again, written that the salary had not been paid. The applicant is said to be suffering from liver disease, which fact is in the records of the 3rd respondent, as he was operated four times and submitted all the papers of his sickness and treatment. The applicant during the month of April, 2008 again faced some liver problem, and as such had to ask for leave on medical grounds. His leave application was, however, not taken by STO, Shri Om Prakash. In order, however, to have immediate treatment, the applicant left the office and remained under treatment for a period of 23 days. He got treatment from a private doctor at Ashram, which is adjacent to Fire Station, Mathura Road, where the applicant is said to be having a quarter where he was living. He reported for duty on 8.5.2008 and handed over the original copy of medical certificate in the office of the 3rd respondent, but he was not allowed to join. He made representation on 22.5.2008 to the 3rd respondent requesting for allowing him to join duties. He received a communication dated 24.6.2008, by which he was referred for medical examination. Office of the 3rd respondent also mentioned that one psychiatrist may also be the member of the medical board, as in case the problem of the applicant was of any psychiatric nature, the whole crew of fire fighters, including senior officers to drivers, may be at risk of life. It is the case of the applicant that he was not suffering from any psychiatric problem, however, he approached the office of Medical Superintendent, LNJP Hospital, the 4th respondent, on various occasions, but he was not medically examined, and the respondents did not allow him to join duties illegally and arbitrarily. Constrained under the circumstances, he made a representation dated 22.8.2008 (Annexure A-3) stating therein that he had visited the hospital but no date for medical examination had been given, and as such no salary is being paid to him.
3. In response to notice issued by this Tribunal, respondents 3 and 5 have filed their replies. In the counter reply filed on behalf of the 3rd respondent, no specific reply with regard to the averment made by the applicant regarding non-payment of his salary from January, 2006 to May, 2006 has been made. All that is mentioned is that the applicant has himself admitted that the audit was conducted by the 5th respondent, and after audit nobody can further deal with the case. Insofar as, the leave of the applicant from 15.4.2008 to 7.5.2008 (23 days) is concerned, it is averred in the counter reply that the Deputy Medical Superintendent, LNJP Hospital had constituted medical board vide order dated 27.10.2008 and intimated that the meeting of the board would be held on 4.11.2008 at 12.00 noon, and a copy of the said letter was sent to the applicant at his residence, i.e., A-975, Gadoli Dairy Farm, Mayur Vihar Phase-III (Kondli Gadoli), Delhi. It is then mentioned that this Tribunal may direct the applicant to appear before the medical board, if he has not appeared on 4.11.2008, and that immediate appropriate action would be taken by the department after receipt of findings of the board in respect of the applicant.
4. Learned counsel representing the applicant contends that the applicant had never received intimation for his appearing before the medical board on 4.11.2008, and he is prepared to appear on any date for his medical examination, and that there is no question of the respondents not to permit him to join duties. Learned counsel further contends that entitlement of the applicant for salary from April, 2008 onwards may, however, be made subject to finding of the medical board. He also contends that there is no plausible reason forthcoming as to why salary of the applicant from January, 2006 to May, 2006 has not been made over to him. Learned counsel representing the respondents has no objection for medical examination of the applicant by the medical board on any date and time that may be fixed by this Tribunal. He has also no objection for the applicant joining his duties, if he may so wish.
5. In view of the pleadings and submissions made by the learned counsel representing the parties, we direct the applicant to appear before the medical board at LNJP Hospital to be constituted by the 4th respondent, on 26.12.2008 at 11.00 a.m. Salary of the applicant for the period April, 2008 onwards will be depended upon the findings of the medical board. The applicant will be permitted to join his duties immediately when he may report. Insofar as, the salary for the period January, 2006 to May, 2006 is concerned, we direct the respondents to convey to the applicant reasons why he has not been disbursed salary for the said period. If orders to that effect have not already been passed, the same be passed now within a month of joining duties by the applicant.
6. This Application is disposed of in the manner indicated above. There shall, however, be no order as to costs.
( Ramesh Chandra Panda ) ( V. K. Bali )
Member (A) Chairman
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