Central Administrative Tribunal - Kolkata
Madhusudan Dutta vs Post West Bengal Circle on 9 March, 2022
O.A. No. 350/360/2022 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA Date of Order: 09.03.2022 © Coram: Hon'ble Ms. Bidisha Banerjee, Judicial Member In the matter of : Shri Madhusudan Dutta, son' of Late Badal Dutta, aged about 54 years, residing at Vill Post Office -- Duan, PS Debra, Dist -- Paschim Midnapore, Pin 721160 and working to the post of GDSMC at Duan Branch Post Office, Radhamohanpur Sub-Post Office in the Midnapore Division under the Senior Superintendent of Post Offices, | Midnapore Division, - -Midnapore. Email = madhusudan [email protected]. Mob -- 9733022854. . coe Applicant -Versus- 1. UNION OF INDIA, service through the ' Secretary, -Government of India, Ministry of Communication & Information Technology, Department of Posts, 20, Sanchar Bhawan, - Ashoka Road, New Delhi 110001. 9. THE CHIEF POST MASTER. | GENERAL, West Bengal Circle, Yogayog Bhawan, C.R. Avenue, Kolkata 700012. 3. THE POST MASTER GENERAL, South Bengal Region, Yogayog Bhawan, Kolkata-700012. 4, THE ADDITIONAL DIRECTOR OF POSTAL SERVICES, West Bengal Circle, South Bengal: Region, Yogayog Bhawan, C.R. Avenue, Kolkata-700012, . 5. THE 'SENIOR SUPERINTENDENT OF POST OFFICES, Midnapore Division, Midnapore, Pin- 721101. 6. THE INSPECTOR. Ghatal OF POSTS, Sub-Division, Ghatal 721212, District- Midnapore. wea ReSpondents For The Applicant(s): Mr. P. C. Das, Counsel Ms. T. Maity, Counsel ' For The Respondent(s): Mr. B. B. Chatterjee, Counsel ORDER(@ORAL) Per: Ms. Bidisha Banerjee, Member (J)
Heard Ld. Counsels for both sides.
2. This application has been preferred to seek the following relief:
"(a) To pass an appropriate order directing upon -
the respondent authority to disburse the actual pay and allewances in connection to the post of Ex- GDSMD which your applicant is discharging which is a vacant post as per the direction of the respondent authority which is appearing at Annexure A-1 of this original application and to give the benefit of pay with effect from 01.04.2016 in respect of TRCA (Time-Related Continuity Allowance) which was less paid and the arrear Bonus of 2016-17 and arrear payment of 7tit CPC as per the Report of Kamlesh Chandra Committee in favour of the applicant along with all consequential benefits which your applicant is regarding for entitled to;
b) To pass an appropriate order directing upon the respondent authority not to reduce your applicant's pay and allowances and to give the benefit of pay in favour of the applicant wha is discharging duties and function against a vacant post as per the direction of the higher authority of the respondents being Annexure A-1 of this original application along with ail consequential benefits in the light of the decision passed by this Hon'ble Tribunal in the case of Radhashyam Das -vs- Union of india & Ors. in OA No. 350/1376 of 2018 being Annexure A-4 of this original application and in the light of the implementation order issued by the same Division of Post Offices dated 13.12.2018 being Annexure A- 5 of this original application;"
This matter is taken up by Single Bench in view of the revised © list dated 04.04.2000 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and, as no complicated question of law is involved, this matter is taken up for disposal with the consent of both the parties.
3. At hearing, Ld. Counsel for the applicant would submit that the matter can be disposed of with a direction upon the respondents to consider the representation made by the applicant in the light of the order passed by this Tribunal in an identical matter in O.A. 571 of 2020 (Bakul Kumar Maity & Ors. Vs Uol & Ors.) and batch cases, within a time. frame. The applicants in Bakul Kumar Maity & Ors, 'had prayed for identical reliefs as prayed for in this O.A.
4. Accordingly, without entering into the merits of the matter, and, with the consent of the parties, I would hereby direct the concerned respondent authority to consider on the said representation dated 08.04.2021 (at Annexure A-2 to the O.A.), in accordance with law, and, in the light of the judgment of this Tribunal in Bakul Kumar Maity (supra), decide on the same within a period of 12 weeks from the date of receipt of a copy of this order.
The concerned respondent authority should convey his decision in the form of a reasoned and speaking order to the applicant. In case the applicant is able to conclusively establish his claim, and, if his grievance is found to be genuine, the respondent authority shall further decide on his entitlement and arrange to disburse the same within a further period of 8 weeks thereafter.
5. . With these directions the O.A. stands disposed of. No costs. oo (Bidisha Banerjee) Member (J) Ww