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Central Administrative Tribunal - Madras

S Srinivasan vs Council Of Scientific And Industrial ... on 7 June, 2023

                                                   1                         OA 455/2023

                   CENTRAL ADMINISTRATIVE TRIBUNAL
                            CHENNAI BENCH

                           OA/310/00455/2023
     Dated Wednesday the 07th day of June Two Thousand Twenty Three

CORAM : HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
        HON'BLE MR. B. ANAND, Member (A)


S.Srinivasan, I.D. No. 11031,
Ex. Senior Technical Officer - II,
O/o. Central Leather Research Institute,
(Council of Scientific and Industrial Research),
Sardar Patel Road, Adyar,
Chennai 600020.
Residing at No. 6, 5th Main Road,
Pukhraj Nagar, Madhavaram,
Chennai 600020.                                        ....Applicant

By Advocate M/s. K. S. Govinda Prasad

Vs

1.Union of India,
rep by its Director,
CSIR - Central Leather Research Institute,
Under Ministry of S&T,
Government of India,
Adyar, Chennai 600020.

2.The Controller of Administration,
CSIR - Central Leather Research Institute,
Under Ministry of S&T,
Government of India,
Adyar, Chennai 600020.

3.The Administrative Officer,
CSIR-CLRI,
Under Ministry of S&T,
Adyar, Chennai 600020.

4.The Section Officer EII,
CSIR-CLRI,
Under Ministry of S&T,
Adyar, Chennai 600020.                                       ....Respondents

By Advocate Mr. M. Kishore Kumar, SPC
                                                 2                              OA 455/2023

                                    ORAL ORDER

(Pronounced by Hon'ble Ms. Lata Baswaraj Patne, Member(J)) Heard learned counsel for applicant and Mr. M. Kishore Kumar, SPC who appears and takes notice for the respondents.

2. By this OA, the applicant has prayed the following reliefs :-

"(i). To call for the records/files in relation to the impugned office memorandum bearing No. 2(4376)/2022 - Ell dated 26.05.2023 (A-12) issued by the section officer Ell CSIR-CLRI, Adyar, Chennai - 20 quash the same as non-est in the eye of law and thus render justice;
(ii) To issue suitable directions to the first Respondent herein namely The Director CSIR-CLRI, Adyar, Chennai - 20, to reappoint the applicant to the post of Senior Technical Officer - (2), Gr. III (5) CSIR-CLRI Adyar, Chennai - 20, immediately without further loss of time and thus render justice;
(iii) To issue suitable directions to the first respondent herein namely The Director CSIR-CLRI, Adyar, Chennai - 20, to permit the Applicant to continue his duties which effect from 26.05.2023 (A/N) in the post of Senior Technical Officer (2), Gr. III (5), CSIRCLRI, Adyar Chennai - 20 and thus render justice;
(iv) To issue suitable directions to the First Respondent herein namely The Director CSIR- CLRI, Adyar, Chennai 20, to draw and disburse all the monetary, service and attendant benefits including back wages to the applicant with effect from 25.05.2023 (A/N) in the post of Senior Technical Officer - (2), Gr. III (5) CSIR - CLRI Adyar, Chennai - 20 and thus render justice;
(v) To issue suitable directions to the first Respondent herein namely The Director, CSIR CLRI Adyar, Chennai 20 to issue a speaking order in the light of office Memorandum dated 10th June, 2019 (A-1) issued by the Government of India, Ministry of Personnel, Public Grievances' and pensions, Department of Personnel & Training, North Block, New Delhi - 110 001 and thus render justice;
(vi) To issue suitable directions to the first Respondent herein namely The Director, CSIR-CLRI Adyar, Chennai - 20, to treat the period from 25.05.2023 to the date of re-joining of the Applicant in the post of Senior Technical Officer (2), Gr. III(5) CSIR - CLRI Adyar, Chennai 20 as one of duty for all purposes, with attendant, service and monetary benefits together with back wages for the above said period including seniority in the above said post and thus render justice
(vii) To issue suitable directions to the first Respondent herein namely The Director, CSIR - CLRI Adyar, Chennai - 20, to permit the Applicant 3 OA 455/2023 reside in the CSIR-CLRI, Adyar, Chennai 600020, staff quarters and thus render justice;
(viii) To grant such other relief(s) which may be prayed for and/ or which this Tribunal may deem fit proper and just to be granted the facts and circumstances of the case and thus render justice;
(ix) To award exemplary cost payable by the Respondents herein to the Applicant and thus render justice."

3. It is submitted that the applicant had submitted a resignation letter dt. Nil which was also accepted vide Office Memorandum dt. 26.05.2023. He had submitted a representation dt. 29.05.2023 requesting withdrawal of his resignation which is still pending for consideration. Learned counsel for applicant submits that the applicant would be satisfied if the respondents are directed to consider his pending representation within a time limit to be stipulated by this Tribunal.

4. In view of the above, without going into the merits of the case, the competent authority among the respondents is directed to consider the pending representation of the applicant dt. 29.05.2023 at Annexure A13 and pass a reasoned and speaking order in accordance with law within a period of two months from the date of receipt of a copy of this order.

5. OA is disposed of at the admission stage. No order as to costs.

       (B.Anand)                                             (Lata Baswaraj Patne)
       Member(A)                                                  Member(J)
                                        07.06.2023
SKSI