Central Administrative Tribunal - Ernakulam
Edwin P M vs The Secretary Ministry Of Information ... on 27 October, 2021
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Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00524/202 1
Wednesday, this the 27th day of October, 2021
CORAM:
Hon'ble Mr. P.Madhavan, Judicial Member
Hon' ble Mr.K.V.Eapen, Administrative Member
Edwin P.M., Aged 56 years,
Sb P.M. Michael,
Programme Executive (Retired), A. I .R., Coimbatore,
Perumpallil House,
Engineering College P 0,
Trichur -- 680009. Applicant
(By Advocate: Mr.Vinod Singh Cheriyan, & Mr.Varghese Joim)
Versus
Union of India, represented by its Secretary,
Ministry of Information and Broadcasting,
Room No.552, A-Wing, Shastri Bhavan, New Delhi,
Pin-- 110001.
2. Director General, All India Radio,
Akashvani Bhavan, Parliament Street,
New Delhi-- 110001.
3. Additional Director General,
All India Radio (South Zone),
No. 7, Kamraj Salai, Mylapore,
Chennai, Tamil Nadu -- 600004.
4. Head of Office, All India Radio, Coimbatore
Trichy Rd, S.R.Iyer Layout, Rukmani Nagar,
Ramanathapuram, Tamil Nadu,
Pincode --641045.
5. Pay and Accounts Officer,
All India Radio, Chennai
No.7, Kamraj Salai, Mylapore,
Chennai, Tamil Nadu -- 600004. - Respondents
(By Advocate: Mr.N.Anilkumar, SCGSC)
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The O.A having been heard on 27th October 2021 through video conferencing,
this Tribunal delivered the following order on the same day:
ORDER (ORAL)
P.Madhavan, Judicial Member This Original Application has been filed by the applicant seeking the following reliefs:
"(z) To declare that the Applicant's EOL from 11.06.2020 to 01.09.2020 is deemed as duty and regularized.
(ii) To declare that the Applicant is entitled to the annual increment dated 01.07.2020 and the 3rd financial up-
gradation under the MACP Scheme in the light of the EOL being treated as deemed duty.
(iii) To call for the records of the respondents regarding the issuance of Due Drawn Statement and the amount of Rs. 65,020/- credited to the Applicant's account to determine f the amounts shown as drawn in the Due Drawn Statement was actually credited and to quash the Annexure A 10 Due Drawn Statement to the extent it omits the pending salaries of June, July, August and September 2020.
(iv) To direct the respondent to pay the pending salaries of June, July, August and September 2020 after adding the increment due on 01.07.2020 where applicable, 3" MACP benefit and with interest from the date the salaries became due to the date of realisation.
(v) To grant any other further relief[s] or order[s] as this Hon 'ble Tribunal may deem fit, just and proper to meet the ends ofjustice. And
(vi) Th grant the costs of this Original Application.
2. The brief facts of the case are as follows:
The applicant who was in Thrissur on half-pay leave during the declaration of national lockdown to curb Covid-19 could not report back for duty at Coimbatore till the date of his voluntary retirement due to absence of public interstate transport. The applicant is aggrieved that he was not paid the salaries of June, July, August 3 and September, 2020. The applicant has also noticed that a total amount of Rs.89,830/- was shown as drawn for the above mentioned periods in the due drawn statement which were not actually credited to the applicant. Hence, the applicant have approached this Tribunal praying for the above reliefs.
3. When the matter came up for consideration, counsel for the applicant has produced a fresh copy of the representation submitted to the competent authority and submits that the applicant will be satisfied if the said representation is S considered in view of the rules & regulations on the subject within a time period.
Adv.Mr.N.Anilkumar, SCGSC takes notice on behalf of the respondents and submits that the respondents have no objection in disposing of the representations.
5. In view of the representation pending before the competent authority, hereby direct the competent authority to consider the representation filed by the applicant dated: 12.10.2021 and pass a speaking and reasoned order on the basis of relevant rules, regulations and guidelines on the subject within a period of three months from the date of receipt of a copy of this order.
6. The Original Application is disposed of as above at the admission stage itself.
No costs.
(K.V.Eapen) (P.Madhavan)
Administrative Member Judicial Member
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List of Annexures
Annexure Al - A true of the salary slip issued to the applicant for the month of May,
2020.
Annexure A2 - A true copy of the email request for extension of Half Paid Leave
submitted by the applicant to AIR, Coimbatore dated 21.03 .2020(without its enclosures).
AnnexureA3- A true copy of the order No.Misc-10011312019-PPC of Prasar Bharathi dated 23.04.2020.
Annexure A4 - A true copy of the relieving order No.TRC-DDE(3)I2020 dated 10.06.2020.
Annexure A5- A true copy of the Office Memorandum F.No. 14029/512019-Estt-(L) (Pt.2) dated 28.07.2020 issued by Department of Personnel & Training.
Annexure A6- A true copy of the email dated 29.07.2020 submitted by the applicant to AIR Coimbatore. (without its enclosures).
Annexure A7- A true copy of the Pay re-fixation Order No.CBE18 (5)12020-S dated 04.12.2020.
AnnexureA8- A true copy of the email petition dated 10.12.2020 submitted by the applicant (without its enclosures).
Annexure A9- A true copy of the letter dated 18.12.2020 submitted by the applicant to the 2nd respondent (without its enclosures).
Annexure A9(a)- A true copy of the track consignment delivery confirmation of the letters dated 2 1.12.2020 to 2" respondent.
Annexure A 10- A true extract of the relevant portion of the Due Drawn Statement dated nill issued to the applicant.
Annexure All- A true copy of the email petition dated 21.06.2021 submitted by the applicant to all the respondent(without its enclosures).
AnnexureAl2- A true copy of the email complaint dated 07.09.202 1 submitted by the applicant to the 4"' respondent.
5AnnexureA13- A true copy of the email dated 14.09.2021 forwarding the contents of Online RTI application dated 12.09.2021 by the applicant to the 4th respondent (without its enclosures).
Annexure A14- A true copy of the representation (without its enclosures) by the applicant to the respondents on 12.10.2021 along with copy of postal receipts.
Annexure A 14(a)- A true copy of the track consignment delivery confirmation of the letter dated 12.10.2021 to respondent no.1.
Annexure A 14(b)- A true copy of the track consignment delivery confirmation of the letter dated 12.10.202 1 to respondent no.2.
Annexure A 14(c)-. A true copy of the track consignment delivery confirmation of the • letter dated 12.10.202 1 to respondent no.3.
Annexure A14(d)- A true copy of the track consignment delivery confirmation of the letter dated 12.10.202 1 to respondent no.4.
Annexure A 14(e)- A true copy of the track consignment delivery confirmation of the letter dated 12.10.202 1 to respondent no.5.
Annexure Al 5- A copy of the response to email RTI request received from respondent no.4 on 22.10.202 1.