Central Administrative Tribunal - Delhi
Shri Tika Ram Bhatt vs Union Of India on 10 February, 2015
Central Administrtive Tribunal Principal Bench, New Delhi. O.A. 2909/2013 Reserved On:05.02.2015 Pronounced on:10.02.2015 Honble Mr. G. George Paracken, Member (J) Shri Tika Ram Bhatt S/o Late Shri Rattan Mani Bhatt R/o Village San (Sakola) PO Duniar Distict Almora, Uttaranchal-263623 Through His son Shankar Dutta Bhatt C/o 641, Pocket-1, DDA Lats, Dwarka, Delhi. Applicant By Advocate: Shri Jasvinder Kaur. Versus 1. Union of India Through Ministry of Defence, Directorate General (Pers)/ EIC, Engineers in Chief Branch, Army Headquarters, Kashmir House, DHQ PO, New Delhi-110011. 2. Chief Engineer, Headquarters Eastern Command, Engineers Branch, Fort William, Kolkata. 3. Garrison Engineer (Tezpur), Post Office Dekargaon, District Sonitpur, Assam. Respondents By Advocate: Shri J.R. Rana. ORDER
The grievance of the Applicant is against the impugned Annexure A-1 Order No.131970/199009/71/Engnrs/EIR (D) dated 21.05.2008 sent to his wife by the HQ Eastern Command, Engineers Branch, Fort William, Kolkata that her husband Shri Tika Ram Bhatt was absent for more than 26 years and since as per the leave rules for regularisation of leave of any kind continuously for a period exceeding 5 years requires the sanction of the President/Government of India. His case has been sent to the higher authorities, namely, E-in-Cs Branch, Army Headquarter, New Delhi vide their letter No.131970/19900/69/Engrs/EIR(D) dated 25.03.2008 and the progress of the case will be intimated to her on receipt of the reply from them.
2. According to the Applicant, he was initially selected as a Mazdoor in the Regimental Centre, Meerut on 10.03.1967. On 22.07.1968, he was transferred to AGE (I), Misa. On 11.12.1970, he was promoted as Valve Man, a technical/ministerial/non-combatised post under the Respondent No.3, namely, Garrison Engineer (Tezpur), Post Office Dekargaon, District Sonitpur, Assam. According to him, while he was working in the said capacity, he had suffered from certain mental imbalance during the year 1978. He was also undergoing treatment for the said problem at Nowgong Jai Hospital from 10.04.1978 to 10.07.1978. For further treatment he was taken to his home town. Later on, he resumed duty on 05.05.1979. Again, due to persistent mental imbalance, he proceeded on leave with effect from 06.10.1979. When the Applicant was declared medical fit and produced a fitness certificate dated 11.12.1980 from the Civil Doctor, District Almora the Respondent No.2 did not allow him to join. However, he was directed to appear before the Civil Surgeon, District Hospital Nowgong, Assam for fresh medical check-up. However, as his situation was deteriorating due to mental condition, he could not produced before the Civil Surgeon as directed and the said position was informed by his wife to the Garrison Engineer (Tezpur). However, the Respondent No.2 vide their letter dated 28.07.1980 wrote to his brother Sepoy Debi Dutt Bhatt who was also employed with the Indian Armed Forces to produce him.
3. Thereafter, the Respondent No.2 vide letter dated 17.07.1985 wrote to the District Medical Officer, Almora to convene medical board to reevaluate the mental condition of the Applicant. However, the concerned medical authority did not convene the Medical Board during the period from 1985 to 1987. Thereafter, the Respondent No.2 requested to the Chief Medical Hospital, Nainital on 05.02.1987 to convene a Medical Board to assess the mental stability of the Applicant. The Respondent No.2 has also requested his wife to produce him for medical examination. However, his wife wrote to the Senior Medical Superintendent, Mental Hospital, Bareilly that she was unable to take her husband for medical examination due to her poor financial condition and stated that she will be sending him to the Mental Hospital, Bareilly with some of his relative. On 12.08.1983 the Applicant was admitted in the Mental Hospital, Bareilly and later on he was discharged from there on 02.09.1993 declaring him fit for joining duty. However, he did not report for duty but his wife vide her representation dated 26.01.994 addressed to the President of India explaining her acute financial situation and requesting for release of her husbands pay from 1978 onwards. The said letter was referred to the Respondents to take appropriate action in the matter. Thereafter, the Respondent No.2 vide its letter dated 14.07.1998 again referred the matter to the DMO, Almora for second medical opinion and Chief Medical Officer, Nainital vide his certificate dated 14.07.1998 certifying that the Applicant is incapable of further service in the Military Engineering Service as he is suffering from Mania C Chronic obstructing lung disease which renders him unfit for field service.
4. Thereafter, the Respondent No.2 has not given him any posting. Thereafter, the HQ Eastern Command, Engineers Branch, Fort William, Kolkata vide its letter dated 17.09.2004 addressed to Garrison Engineer (Tezpur) to conform the original copy of the certificate declaring him unfit forwarded by the Applicants wife. Thereafter, vide Office Order dated 01.12.2004, the Respondent No.2 sought for the Service Book of the Applicant so as to complete the formalities of disbursement of FP/DCRG and other admissible retirement benefits in favour of his wife. Accordingly, vide letter dated 29.03.2005, the Respondents directed the Applicants wife to complete the formalities for invalid pension and for release of other retirement benefits. Thereafter, the Respondent No.2, vide Office Order dated 01.10.2005, issued a show cause notice to the Applicant that since he was declared medically unfit for field duty, but physically fit for peace service, he was asked to explain the reason for not joining duty since 1979. The Applicants wife replied to the aforesaid show cause notice on 15.11.2005 stating the mental condition of the Applicant and her financial situation. When there was no response from the Respondents, she sent a legal notice to Garrison Engineer (Tezpur) on 27.01.2006 requesting them to release the pension/gratuity of her husband and be paid to her and she also claimed damage amount of Rs.10 lakhs for continuous mental harassment and torture for 25 long years. The Respondents replied to the aforesaid legal notice on 17.02.2006 stating that the case of the pension of the Applicant could not be processed as the signature appended on the pension papers did not match with the signature in the office. Thereafter, her son vide her representation dated 12.01.2007 represented to Respondent No.1, i.e., Incharge Engineer-in-Chief for grant of invalid pension to his father.
5. Thereafter, vide letter dated 02.04.2007, the Applicants case was again processed and it was referred for regularization of period of absence. The Respondents have also sought further information regarding Applicant, vide their letter dated 17.05.2007. They have also referred the case of the Applicant for invalid pension, DCRG and other retirement benefits admissible to the Respondent No.I for further action/approval. The Respondent No.2 vide their letter dated 19.06.2007 has also informed the Applicant that his case was forwarded to E-in-Cs Branch/MES (Pers). AS the Applicant wanted to find out the latest position, he moved an application under Right to Information Act, 2005 on 10.10.2012 and the Respondents vide their letter dated 17.11.2012 informed him a statement of case of the regularization of the absence period in respect of Applicant was forwarded to E-in-Cs Branch. However, so far, the Respondents have not finalized his case.
6. He has, therefore, filed this Original Application seeking a direction to the Respondents to regularize the absence of the Applicant for the purpose of disbursement of pension and other retirement benefits. He has also sought direction to the Respondents to grant him invalid pension and other admissible benefits at the earliest.
7. The Garrison Engineer (Tezpur) has filed their reply on behalf of the Respondents. They have stated that the Applicant absented from duty for 316 days with effect from 11.07.1978 to 22.05.1979 but as a special case his leave was regularized vide Item No.16(a) of Appendix-15 of CSR Vo.II 1974 by AGE (I) Missa PTO No.23.04.1979 and he joined duty on 25.5.1979. Further, they have stated that the Applicant had proceeded on leave with effect from 06.10.1979, i.e., before merger of AGE (I) Missa with GE (Tezpur) and he failed to rejoin duty till date at GE(T). However, on receipt of the representation submitted by the Applicants wife Smt. Basanti Devi through HQ, Central Command, they came to know that Applicant failed to join duty because of ailment. Immediately, he was referred to DMO, Alroa (UP) now in Uttrakhand to carry out the Medical Board of the Applicant, vide GE(T)s letter dated 14.06.1993 and in the opinion of the Medical Board conveyed vide Memorandum dated 30.09.1993, he was declared physically fit for duty after receipt of the medical report who advised to attend duty vile GE (T) letter No.1799/2411/E1D dated 24.12.1993 but he did not report for duty nor made any response to the aforesaid letter dated 24.12.1993. Therefore, his case was again referred to the DMO, Almora (UP) now Uttrakhand to seek second medical opinion vide GE (T) letter No.1799/2450/E1D dated 09.05.1994. In the second medical opinion, the DMO, Almora declared that the Applicant was unfit for field duty but he did not ask for peace posting or reported for duty till the date of his retirement on 31.12.2005.
8. I have heard the learned counsel for the Applicant Ms. Jasvinder Kaur and the learned counsel for the Respondents Mr. J.S. Rana. There is no dispute that the Applicant was a case of mental disorder. In my considered opinion, the Respondents have not dealt with his case in a proper manner. However, it is seen by the last communication dated 21.05.2008 addressed to the Applicants wife by the HQ Eastern Command, Engineers Branch, Fort William, Kolkata, she was informed that their case was sent in E-in-Cs Branch vide their letter dated 25.03.2008 for obtaining the sanction of the President/Government of India for regularization of Applicants leave. It was thereafter that the Respondents have not moved an inch further. After all, the Applicant has served the department for a considerable period of time. The Respondents have also finally retired him from service on 31.12.2005 on attaining the age of superannuation. Therefore, it is their duty to grant the terminal benefits under the Rules. I, therefore, direct the Respondent No.1, namely, Directorate General (Pers)/EIC in Engineer-in-Chiefs Branch, Army Headquarters, Kashmir House, DHG PO to ensure that the Applicants terminal benefits as admissible under the rules are determined and paid to him within a period of 3 months from the date of receipt of a copy of this order. He should also direct the concerned officer to ensure that the Applicant being a mentally incapacitated person should not be allowed to go from pillar to post for whatever terminal benefits he is entitled for.
9. There shall be no order as to costs.
(G. GEORGE PARACKEN) MEMBER (J) Rakesh