Central Administrative Tribunal - Delhi
Shri Mohammad Razak Clts (Retd.) S/O ... vs The Union Of India (Uoi) (Through ... on 1 April, 2008
ORDER Meera Chhibber, Member (J)
1. By this OA applicant has sought direction to respondents to make payment of leave encashment amount in respect of 300 days accumulated EL as per law at the rate of last pay drawn with interest @ 18% p.a. from the date it fell due till the date it is paid.
2. It is submitted by the applicant that he had filed OA No. 427/2004 seeking pensionary benefits, which was finally decided on 22.4.2004 (page-12 at 19), whereby respondent No. 1 was directed to consider the case of applicant for relaxation of rules treating it to be a case of undue hardship for grant of pensionary benefits al least treating the applicant service as 10 years qualifying for the purpose of pension. It was also held that in the event the aforesaid proposal is acceded to, applicant shall be granted pension and other benefits in accordance with the rules.
3. Pursuant to above directions, respondents passed order dated 07.12.2004 conveying the ex-post facto sanction for regularization of services of Mohd. Razak w.e.f. his date of initial recruitment i.e. 01 April, 1981 in terms of DoP&T OM dated 08.4.1991 for grant of pensionary benefits. In aforesaid order, it was further mentioned that he will continue as such till his retirement on 31.10.2003. It was also made clear that his CLTS service from 01.5.1994 to 31.10.2003 will also be counted as regular service for pensionary benefits (page-20).
4. It is submitted by the counsel for applicant that thereafter applicant has been paid pension and gratuity in the year 2006, but since he was not paid leave encashment he gave representation on 12.10.2007 to the respondents for grant of leave encashment as well, but till date, no reply has been given to him on the said representation.
5. Since it is stated by the applicant that he has already given the representation and no reply has been given thereon, I think this OA can be disposed of at the admission stage itself without going into the merits of the case by directing the respondents to consider his representation, if already given, which is at page-11 of the OA and to decide the same by passing a reasoned and speaking order in accordance with law within a period of four months from the date of receipt of a copy of this order. Applicant is directed to serve copy of OA along with copy of this order on the Officer Incharge, Military Farms, Mawana Road, Meerut, from where applicant is reported to have retired. This shall be given within one week from the date of receipt of copy of this order so that appropriate order may be passed on the representation.
6. With above directions, OA stands disposed of No costs.