Central Administrative Tribunal - Ernakulam
N S Vijayakumar vs Chief Commissioner Of Central Tax And ... on 21 September, 2022
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00437/2020
Wednesday, this the 21st day of September 2022
Coram :
Hon'ble Mr. Justice K Haripal, Judicial Member
N.S. Vijayakumar, S/o. C. P. Sivaraman Nair,
aged 60 years, Head Havildar, Central Excise (Retd),
Office of the Assistant Commissioner of
Central Tax and Central Excise, Kottayam Division,
Residing at Vinu Bhavan, Neerikkad P.O.,
Kottayam District - 686 564. - Applicant
(By Advocates: Mr. C. S. G. Nair & Ms. Rashmi K. R)
versus
1. Chief Commissioner of Central Tax & Customs,
Central Revenue Buildings, I.S. Press Road,
Cochin - 682 018.
2. Commissioner of Central Tax and Customs,
ICE Bhavan, Press Club Road,
Thiruvananthapuram - 695 001.
3. Assistant Commissioner of Central Tax and
Central Excise, Kottayam Division,
V Publishers Building, Sreenivasa Iyer Rd,
Kottayam - 686 001.
4. Pay and Accounts Officer, Central Excise,
ICE Bhavan, Press Club Road,
Thiruvananthapuram - 695 001.
5. Union of India, represented by its
Secretary, Department of Pension & Pensioners'
Welfare, Janpath Bhawan, B Wing,
8th Floor, New Delhi - 110 001. - Respondents
(By Advocate: Mr. N. Anilkumar, SCGC)
This application having been heard on 21.09.2022, the Tribunal on
the same day delivered the following :
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ORDER
The grievance of the applicant is essentially the non-payment of various terminal benefits i.e., Death Cum Retirement Gratuity, commutation value of pension, provisional pension for the period from 01.08.2021 to 15.08.2021, arrears of provisional pension for the period from 01.07.2020 to 15.08.2021, differential amount of leave encashment, arrears of pay and allowances for the period from June 2017 to June 2020 and provisional pension arrears of Rs. 804/- for the period from 01.07.2021 to 15.08.2021, etc. When the case was about to be posted for final hearing, learned Standing Counsel has filed M.A 180/386/2022 submitting that the entire amounts due to the applicant has been paid.
2. Today when taken up, learned counsel for the applicant represented by Adv. Sri. Aditya has acknowledged the receipt of entire amounts claimed in these proceedings. Recording the same, the O.A is closed as infructuous. No costs.
Justice K Haripal Judicial Member bp -3- List of Annexures Annexure A1- True copy of the representation to the 3rd respondent on 19.06.2020. Annexure A2- True copy of the Letter No. 36-9/2002-Pen(T) Pt. dated 05.06.2020. Annexure A3- True copy of the order dated 20.02.2019 in O.A No. 3910/2016. Annexure R1- True copy of the relevant page of the Service Book of the applicant, showing Leave encashment among the final payments. Annexure R2- True copy of the PFMS authorisation receipt. Annexure R3- True copy of the relevant page of SB Vol. VII entry in page 5. Annexure R4- True copy of O.M No. 16/2/2009-Estt {Pay I}, dated 2nd July 2010. Annexure R5- True the attested copy of Page 15 of Vol. VII of Service Book of the applicant.
Annexure M.A R1- True copy of the order dated 01.06.2021. Annexure M.A R2- True copy of the fixation statement dated 17.06.2021. Annexure M.A R3- True copy of the pension payment order with P.P.O No. 549262100133 dated 10.08.2021.
Annexure M.A R4- True copy of the PFMS/E-payment details of payments made to the applicant.
Annexure M.A R5- True copy of PFMS/E-payment details of arrears of pay and allowances.
Annexure M.A R6- True copy of PFMS/E-payment details of provisional pension arrears and differential leave encashment.
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