Central Administrative Tribunal - Delhi
Kartar Singh vs Municipal Corporation Of Delhi on 14 December, 2022
Item 8 1 OA 3666/2022
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 3666/2022
M.A. No. 3704/2022
This the 14th day of December, 2022
Hon'ble Mr. Mohd. Jamshed, Member (A)
Kartar Singh S/o Kamal Singh
R/o Bhainsru Kalan, Bhasro Kalan,
Rohtak, Haryana - 124501
...Applicant
(By Advocate : Mr. J.S. Arya with Ms. Bhanu)
VERSUS
1. Municipal Corporation of Delhi,
Through, its Commissioner,
Civic Centre Minto Road,
SKD Basti, Press Enclave,
New Delhi - 110002
2. Deputy Commissioner,
Rohini Zone, Industrial Area,
Sector - 5, Rohini,
Delhi - 110085
...Respondents
(By Advocate : Ms. Punam Singh)
Item 8 2 OA 3666/2022
ORDER (Oral)
In the present OA, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief (s) :-
"a. To direct the respondents to release the commutation amount of Rs. 10,85,542/- by the respondents with interest @ 24% per annum till its realization.
b. To direct the respondents to pay interest @ 24% per annum on the amount of monthly EMI's @ Rs. 11,040/- since 01.05.2020 till the commutation amount is released.
c. To direct the respondents to release the gratuity amount of Rs. 8,88,030/- by the respondents with interest @ 24% per annum w.e.f. 01.07.2019 till its realization.
d. To release arrears of MACP, Bonus and increments to 7th Pay Commission.
e. To pass such other and further order(s) as deemed fit and proper in the circumstances of the case to meet the ends of justice.
f. Award cost of the proceedings in favour of the applicant and against the respondents."
2. The applicant had retired on attaining the age of superannuation on 30.04.2020. Learned counsel for the applicant submits that the applicant is aggrieved by the inaction of the respondents in not releasing the commutation amount, gratuity, arrears of MACP, Bonus and Increments of 7th Pay Commission. He further submits that in this regard, the applicant has sent a legal notice dated 30.09.2022 through his counsel for redressal of his grievances, but of no avail.
Item 8 3 OA 3666/2022
3. Today, I heard, Mr. J.S. Arya, learned counsel for the applicant and Ms. Punam Singh, who appeared for the respondents on advance service, at the stage of admission.
4. At the outset, learned counsel for the applicant submits that the applicant would be satisfied, if he is permitted to make a comprehensive representation to the respondents for redressal of his grievances and if such a representation is decided by the respondents in a time bound manner. To such request, there is no objection from Ms. Punam Singh, learned counsel for the respondents.
5. Accordingly, without going into the merits of the case, the present OA is disposed of, at the admission stage itself, granting permission to the applicant to make a comprehensive representation to the respondents within a period of 10 days from the date of receipt of copy of this Order. Thereafter, on receipt of such representation, the respondents shall consider and decide the same by passing a reasoned and speaking order, as early as possible, and in any case not later than six weeks positively. Pending MA, if any, also stands disposed of accordingly. There shall be no order as to costs.
(Mohd. Jamshed) Member (A) /akshaya/