Central Administrative Tribunal - Madras
T Shanmugam vs Central Public Works Department on 22 September, 2021
1 OA 799/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00799/2021
nd
Dated Wednesday the 22 day of September Two Thousand Twenty One
CORAM : HON'BLE SHRI. SWARUP KUMAR MISHRA, Member (J)
HON'BLE SHRI. T. JACOB, Member (A)
(Through Video Conferencing)
T.Shanmugam,
Motor Lorry Driver,
Office of Executive Engineer,
CCD-IV (Civil), CPWD, Thirumangalam,
Chennai 600040. ....Applicant
By Advocate Ms. A. Priyadarshini for M/s. R. Arumugam
Vs
1.Union of India,
rep by its Secretary,
Ministry of Housing & Urban Affairs,
Nirman Bhavan,
Maulana Azad Road,
New Delhi 110011.
2.Special Director General,
CPWD 2nd Floor,
G Wing, Rajaji Bhavan,
Besant Nagar, Chennai 600090.
3.The Chief Engineer,
South Zone, CPWD,
Rajaji Bhavan,
Besant Nagar, Chennai 600090.
4.The Superintending Engineer (Civil),
CPWD,Circle-II, Shastri Bhavan,
Chennai 600006. ....Respondents
By Advocate Mr. Su. Srinivasan, SCGSC
2 OA 799/2021
ORAL ORDER
(Pronounced by Hon'ble Shri. Swarup Kumar Mishra, Member(J)) The reliefs prayed for in this OA is as follows:
"a. Call for the original file(s)/record(s) of the respondents dealing with the case of the applicant and peruse the same;
b. Declare that after joining the services of the respondents as MLD on 11.01.1991, the applicant is entitled to be extended the benefits of CCS (Pension) Rules, 1972 for retirement benefits instead of National Pension System (NPS) 2004 with all consequential benefits, c. Direct the respondent authorities to issue a fresh order of regularisation of services of the applicant from the date of his initial date of engagement as MLD ie., 11.01.1991 for the purpose of retirement benefits, d. Award cost of this application and proceedings against the respondents and favour of the applicant, e. Pass such further or an other order as may be required in facts and circumstances of the case."
2. Heard learned counsel for the applicant and Mr. Su. Srinivasan, SCGSC who entered appearance on behalf of the respondents.
3. Learned counsel for the applicant submits that the applicant had submitted a representation dt. 05.04.2021 (Annexure A9) to respondent no. 2 and she prays for a direction to the respondents for disposal of the said representation.
4. Learned counsel for respondents on the other hand, submits that the service of the applicant was regularised w.e.f. 11.12.2006 as per order dt. 16.12.2011 and after so many years, the applicant wants to be regularised with effect from the date of his initial engagement ie., 11.01.1991.
5. However, we are not expressing any opinion on the merits of this case. In view of the limited relief sought by the applicant for disposal of his 3 OA 799/2021 representation, this OA is disposed of with a direction to the respondent no. 2 to consider and dispose of the representation at Annexure A9 dt. 05.04.2021 and pass a reasoned and speaking order as per law which shall be communicated to the applicant within a period of three months from the date of receipt of a copy of this order.
6. OA is disposed of at the admission stage. No costs.
7. Copy of this order be communicated to learned counsel on both sides.
(T.Jacob) (Swarup Kumar Mishra)
Member(A) Member(J)
22.09.2021
SKSI