Central Administrative Tribunal - Madras
R Amutha vs Shri Santosh Kumar Mail on 27 March, 2023
i 1 CP73/2019 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH CP/316/00073/2019 in OA/310/00422/2018 Dated Monday the 27" day of March Two Thousand Twenty Three CORAM : HON'BLE MS. MANJULA DAS, Member (J) HON'BLE MR. T. JACOB, Member (A) R.Amutha, Headmistress : Emp. Code -- 20892 (Retd), No. B4, Namasivayam Flats, No. 1, 22" East Street, Kamaraj Nagar, Thiruvanmiyur, Chennai 600041. By Advocate M/s. R. Arumugam Vs i Shri. Santosh Kumar Mall, Commissioner, Kendriya Vidyalaya Sangathan, Head Quarters, 18, Institutional Area, Shahid Jeetsingh Marg, New Delhi 110016. 2.Shri. C. Mani, Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Chennai Region, UT Campus, Chennai 600036. By Advocate Mr. M. Vaidyanathan ...Applicant/Applicant ....Respondents/Respondents SAS) | 2 CP 73/2019 ORAL ORDER
(Pronounced by Hon'ble Ms. Manjula Das, Member(J)) This CP has been filed by the applicant against the respondents in OA 422/2018 alleging wilful disobedience of the order of this Tribunal dt. 02.04.2019.
2. In the CP, notice was issued to the alleged contemnors on 18.10.2019. Thereafter, the matter was listed on several occasions ie., 09.12.2019, 22.01.2020, 04.02.2020, 10.03.2020, 17.03.2020, 22.04.2022, 28.06.2022, 05.07.2022, 08.08.2022, 22.09.2022, 02.11.2022, 23.11.2022, 07.12.2022, 03.01.2023, 24.01.2023 and 30.01.2023. After 19 adjournments, learned proxy counsel, Mr. A. Santhosh Mani appearing on behalf of learned counsel for the applicant, Mr, R. Arumugam prays for adjournment since his senior counsel is out of station.
3. On the other hand, learned proxy counsel, Mr. S.Lokaiah appearing on behalf of senior counsel for alleged contemnors, Mr. M. Vaidyanathan submits that this contempt may be closed as much as the order of this Tribunal has been complied with, Accordingly, the submission of learned proxy counsel for the alleged contemnors could not be taken on record as he is appearing without authority and arguing the matter,
4. After 19 adjournments both the representing counsels are appearing even though not on record. This is a CP where already notice was issued since long back in the year 2019. Hence we are not interested to keep the matter pending 3 CP 73/2019 for long after issuance of notice. Accordingly, on the perusal of records and exploring the same we proceed the matter.
5. This Tribunal passed the order dt. 02.04.2019 in OAs No. 1282, 422, 925 & 683/2018 which is extracted as hereunder:-
"6. On perusal, it is seen that the order of the Hon'ble Madras High Court in WP No.19215/2015 dated 24.02.2017 had been complied with by the respondents by issuing an order dated 27/31.07.2018 wherein it is also stated that the conversion to GPF/pension scheme of the petitioner therein was subject to the outcome of SLP Diary No.10965/2018 filed by the respondents in the Hon'ble Supreme Court, As the matter is before the Hon'ble Supreme Court, ] am of the view that these OAs could be disposed of with a direction to the respondents to review their decision in the case of the applicants herein in the event of the Hon'ble Apex court. upholding the order of the Madras High Court in WP No.19215/2015 dated 24.02.2017 in the said SLP- within a period of two months thereatter."
6. Now, in the said order, this Tribunal put a condition that conversion to GPHE/Pension scheme of the petitioner in the said Writ Petition was subject to the outcome of the SLP Diary No. 10965/2018. It was noticed that against this Tribunal's order, the respondents approached before the Hon'ble High Court of Madras Judicature where the matter was dismissed. Thereafter, contempt case was chosen to be filed in respect of the OAs. As such, there is an SLP pending before the Hon'ble Supreme Court as Diary No. 10965/2018. The copy of order of the said SLP has been placed before us.
7. The respondents have approached the Hon'ble High Court of Madras in Writ Petitions No. 20455/2010, 12 & 72/2021 & Writ Petition No. 105/202} challenging the order of this Tribunal dt. 02.04.2019. However the Hon'ble High Court dismissed the Writ Petitions vide orders dt. 06.01.2021 & 07.01.2021.
8. It is also brought to the knowledge of the Court that the SLP Diary No, 4 CP 73/2019 10965/2018 referred in the above paragraph no. 6 of the order of this Tribunal dt. 02.04.2019 has been dismissed on 18.02.2019. Accordingly, the Hon'ble High Court passed the order dismissing the Writ Petition No. 105/2021 dt.
07.01.2021 as hereunder :-
"9, In the light of the above facts and circumstances and also the earlier orders passed by this Court in the writ petition confirming similar orders passed in the Original Applications by the 2nd respondent-Tribunal, this Court finds no merit in this writ petition, 10, In the result, the writ petition is dismissed, confirming the common order of the Tribunal dated 02.04.2019 made in OA No. 925/2018 and the petitioners. herein are granted six months time from the date of receipt of a copy of this order/uploading of the order in the website to comply with the directions issued by the Tribunal in the impugned orders as confirmed in this writ petition. It is made clear that in lieu of the said order, whatever amount received by the Ist respondent/Original Applicant under CPF Scheme, have to be refunded as expeditiously as possible. No costs. Consequently, the connected miscellaneous petition is closed."
9. We have also noted that the order dt. 18.02.2019 in the SLP Diary No. 10965/2018 under which the order of this Tribunal was passed on 02.04.2019 with a condition that the conversion to GPF/pension scheme of the petitioner in the said Writ Petition was subject to the outcome of SLP Diary No. 10965/2018 and from the order copy produced from website it appears that the said SLP has been dismissed. The respondents have passed order dt. 11.06.2022 im compliance of the order of this Tribunal dt. 02.04.2019 which is taken on record and it reads as under :-
"WOW, THEREFORE, the Competent Authority of EVS has decided to comply with the order dated 02.04.2019 passed by the Hon'ble CAT, Madras Bench, Chennai in O.A. No. 422/2018. Accordingly, Smt. R. Amutha retd HM, K. V. CLRI, Chennai would be treated as covered under GPF cum Pension Scheme from the date of her retirement ie., 31.08.2018 and the management share of CPF is to refunded by Smt. R. Amutha retd HM, K. V. CLRI, Chennai to KVS (RO), Chennai, After receipt of CPF Management Share & pension papers duly completed in all respect, pensionary benefits under GPF cum Pension Scheme will be sanctioned by Regional Office, Chennai as per rules. Smt. R. Amutha 1
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retd HM, K, 'V. CLRI, Chennai may submit her pension papers duly completed in all respects to KVS, Regional Office, Mumbai after remittance of CPF Management Share to KVS, RO, Chennai."
10, In view of the above, nothing survives in the CP.
il. Accordingly, CP is dismissed. Notices issued if any are discharged. Personal appearances directed if any are dispensed with. ne