Central Administrative Tribunal - Delhi
Shri Mahender Pal Sharma vs Union Of India Through on 1 October, 2013
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.3459/2013
WITH
OA No.3461/2013
OA No.3462/2013
AND
OA No.3463/2013
New Delhi this the 1st Day of October, 2013
Honble Shri G.George Paracken, Member (J)
OA 3459/2013
Shri Mahender Pal Sharma
S/o Shri Lal Chand Sharma
A-1/81, Chankya Place
Pankha Road
New Delhi-110 059. Applicant
(By Advocate: Shri A.K. Mishra)
Versus
1. Union of India through
its Secretary (Posts)
Government of India,
Department of Posts
Dak Bhawan, New Delhi
2. General Manager (Finance)
Postal Accounts Office
Delhi Postal Circle
Sham Nath Marg, Delhi
.... Respondents
OA 3461/2013
Ashok Kumar Sharma
Age 51 years
S/o Shri Om Prakash Sharma
Village & Post Office Shahpur Turk
Sonepat 131 001.
..Applicant
(By Advocate: Shri A.K. Mishra)
Versus
1. Union of India through
its Secretary (Posts)
Government of India,
Department of Posts
Dak Bhawan, New Delhi
2. General Manager (Finance)
Postal Accounts Office
Delhi Postal Circle
Sham Nath Marg
Delhi
OA No.3462/2013
Renu Jain
W/o Shri Anil Kumar Jain
R/o 38, Sansad Vihar,
West Enclave
Pitampura, Delhi 110034.
..Applicant
(By Advocate: Shri A.K. Mishra)
Versus
1. Union of India through
its Secretary (Posts)
Government of India,
Department of Posts
Dak Bhawan, New Delhi
2. General Manager (Finance)
Postal Accounts Office
Delhi Postal Circle
Sham Nath Marg
Delhi . Respondents
OA 3463/2013
Shri Suresh Chander
Age 59 years
S/o Shri Umrao Singh
R/o 86-B, DDA Flats
Gulabi Bagh, Delhi 110 007
..Applicant
(By Advocate: Shri A.K. Mishra)
Versus
1. Union of India through
its Secretary (Posts)
Government of India,
Department of Posts
Dak Bhawan, New Delhi
2. General Manager (Finance)
Postal Accounts Office
Delhi Postal Circle
Sham Nath Marg
Delhi Respondents
ORDER(ORAL)
These are identical cases. The learned counsel for the applicants has submitted that similar OAs bearing Nos.3454/2013, 3451/2013, 3453/2013, 3446/2013, 3445/2013, 3447/2013, 3440/2013 and OA No.3439/2013 have been considered by this Tribunal yesterday and disposed of with the following order:-
The common issue raised in the aforementioned Original Applications is regarding entitlement of the applicants for interest on the amount of terminal benefits paid to them on their absorption in Bharat Sanchar Nigam Limited after technical resignation from the Department of Posts on 14.2.2005.
2. Shri A.K. Mishra, learned counsel for applicants submitted that the issue raised in these Original Applications is one determined by this Tribunal in Ashok Kumar v. Union of India & another (O.A.No.2297/2011 with connected matters) decided on 6.7.2012. A copy of the said order is placed on record as Annexure A-5 of the O.As.
3. Heard. Issue notice to the respondents. I could find that in the said Original Applications Shri Subhash Gosain, learned counsel, who is present in the Court, represented the Union of India, Department of Posts and General Manager, Postal Accounts Office, Delhi, thus I required him to accept notices in these Original Applications and make his submissions. Shri Gosain, learned counsel submitted that it may not be possible for him to confirm whether the cases of these applicants are identical to that of the applicants in the aforementioned Original Applications and the factual position can be verified by the respondents only. It is seen that the applicants made the representation dated 14.9.2012 to the Secretary (Posts), Department of Posts, Dak Bhawan, New Delhi, which has not yet been decided by the respondents.
4. In terms of Section 20 of the Administrative Tribunals Act, 1985, it is made incumbent upon the applicants to avail all the remedies available to them under the relevant service rules as to redressal of their grievances before approaching the Tribunal. For the purpose of sub-Section (1) of Section 20 of the Act, a person can be deemed to have availed all the remedies available to him under the relevant service rules as to redressal of his grievance, if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired. In the present cases, it is seen that after the representation dated 14.9.2013, six months have expired. Ipso facto, the applicants complied with the conditions stipulated in Section 20 of the Act but the respondents have failed to pass any order on their representation even after almost one year.
5. In the circumstances, I deem it appropriate to dispose of the present Original Applications with direction to the respondents to take a decision in the representation dated 14.9.2013 (Annexure-A) within a period of three months from the date of receipt of a copy of this order. The decision so taken shall be communicated to the applicants with reasons.
6. These Original Applications stand disposed of. No costs.
7. Let a copy of this order along with copies of respective Original Applications be given to Shri Subhash Gosain, learned counsel for respondents. In view of the above position, I dispose of these OAs holding that the aforesaid directions shall be equally applicable in these OAs also. There shall be no order as to costs.
(G. George Paracken) Member (J) /vb/