Central Administrative Tribunal - Delhi
Mahabir Singh vs Delhi Transport Corporation (Dtc) on 9 March, 2022
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O.A. No. 564/2022
Item No. 04
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 564/2022
This the 09th Day of March, 2022
Hon'ble Mr. A.K. Bishnoi, Member (A)
Hon'ble Mr. R.N. Singh, Member (J)
Shri Mahabir Singh (Aged about 62 years),
S/o Sh. Ram Kishan,
Ex-Driver-Group 'C',
Vill: Isherheri, Tehsil: Bahadurgarh,
District: Jhajjar, Haryana.
...Applicant
(By Advocate : Shri Prem Chand)
Versus
1. Delhi Transport Corporation,
Through its Chairman Cum Managing Director,
DTC Head Quarter, I.P. Estate,
New Delhi - 110002.
2. Depot Managar,
Delhi Transport Corporation,
Hari Nagar Depot - 1,
New Delhi - 110045.
...Respondents
(By Advocate : Shri Ajesh Luthra)
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O.A. No. 564/2022
Item No. 04
ORDER (ORAL)
Hon'ble Mr. R.N. Singh, Member (J) :-
The present application has been filed under Section 19 of the Administrative Tribunals Act, 1985 by the applicant praying therein for the following reliefs:-
"i. Direct the respondents to release all his (applicant) annual increments for the years 2012, 2013, 2014 and grant him 3rd Financial upgradation due from 17.5.2013 with all consequential benefits.
ii. Direct the respondents to make payment of arrears of increments and 3rd Financial upgradation along with interest thereon @12% p.a. from their due date to till its payment to the applicant.
iii. Direct the respondents to pay interest @12% p.a for the delay of 4 years to the applicant in making payment of his gratuity of Rs.5,63,047/-.
iv. Cost of litigation v. To pass any other order as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case and in the interest of justice."
2. Learned counsel for the applicant submits that in view of the applicant facing a criminal trial in FIR No. 186/2012 under Sections 279/338 of Indian Penal Code, 1860 registered with the Police Station Parliament Street, New Delhi, he was 3 O.A. No. 564/2022 Item No. 04 not granted the benefits of annual increments for the year(s) 2012, 2013 and 2014 and he was also not granted the third financial upgradation which became due to him w.e.f. 17.05.2013. However, the applicant was acquitted by the learned Court of Patiala House vide Order/Judgment dated 06.06.2015 (Annexure-A/3) and even thereafter, the aforesaid benefits were not accorded to him.
3. The applicant has preferred a representation dated 26.03.2021 (Annexure-A/4). However, the grievances of the applicant have not been redressed by the respondents till date.
4. Issue notice. Shri Ajesh Luthra, learned counsel, who appears for the respondents, on advance service, accepts notice. At the outset, he submits that he has not received a copy of the OA. Learned counsel for the applicant undertakes to supply a copy of the OA to the learned counsel for the respondents positively within three days from today.
5. In the facts and circumstances and with the consent of the learned counsels for the parties, the present OA is disposed of, at this very stage, with a direction to the respondents to consider the applicant's aforesaid pending 4 O.A. No. 564/2022 Item No. 04 representation and to dispose of the same by passing an appropriate reasoned and speaking order, as expeditiously as possible, and preferably within eight weeks from the date of receipt of a copy of this order.
6. It is further clarified that, if at all, the said representation has already been disposed of by the respondents, they shall supply a copy of their said order to the applicant. We may further clarify that while passing the present Order, we have not gone into the merits of the claim of the applicant.
7. The OA is disposed of in the aforesaid terms. There shall be no order as to costs.
(R.N. Singh) (A.K. Bishnoi)
Member (J) Member (A)
rk/dd