Central Administrative Tribunal - Patna
Kedar Ram vs Posts on 20 January, 2022
// 1 // O.A./050/00036/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
O.A. No. 050/0003
00036/2022
Date of Order:20th January, 2022
CORAM
HON'BLE MR M.C. VERMA,
VERMA MEMBER [J]
HON'BLE MR. S.K. SINHA, MEMBER [A]
Kedar Ram S/o Ram Krit Ram, At+Post At+Post-Lohara,
Lohara, Gunsej, Rohtas,
District
District- Sasaram. G.D.S. M.D. B.P.M., Gunsej B.O.
.......... Applicant.
By Advocate ::- Shri Shiv Poojan Singh
-Versus
Versus-
1. The Union of India through the Principal Secretary, Department of
Posts, Govt. of India, New Delhi.
2. C.P.M.G., Department of Postal, Bihar, Patna.
3. The Superintendent of Posts, District
District- Sasaram-802212.
4. Inspector of Postal North Sub Division, Bikramganj, District
District--
Rohtas (Sasaram)
(Sasaram)-802212.
5. The Post Master Sasaram, H.O. Pin
Pin-802212.
6. The S.P.M. Babhnaul S.O.
S.O.-802212.
802212.
......... Respondents.
By Advocate ::- Shri H.P. Singh.
O R D E R (O R A L)
M.C. Verma, M[Judl.] M[J
1. Matter is at notice stage hearing. Heard.
2. Learned counsel pressed the O.A. and submits that this is the case wherein direction has been sought to allow pension to the applicant and to pay the retiral benefitss payable.
3. Mr. H.P. Singh Advocate,, appearing for respondents does dispute the maintainabi maintainability lity of the OA and urged that the OA is misdirected, material placed on record is insufficient and on the basiss of such insufficient material legally no cognizance can be taken. He referred facts position and the grounds narrated in paragraph 4 & 5 of // 2 // O.A./050/00036/2022 the OA as well the Prayer made in the OA and urged that OA deserves dismissal dismissal.
4. Considered the submissions submission advanced and perused the : "That the applicant may be record. The prayer made in the OA reads :-"That allowed pension and other benefits which is payable under law from the date of retirement."
5. The text of facts of applicant's case, narrated in Paragraph graph-4 of the OA, verbatim, is as under:-
under "4. Facts of the Case:-
4.1 That the applicant was initially appointed on the post of G.D.S. M.D. B.P.M. Gunsej, B.O. in the vacant post with immediate official on 03.03.1991 in the interest of services in the Branch Office, Gunsej via Bhabhaul and identity card has been issued.
4.2 That the applicant has worked regularly on the said post and lastly retired on 01.07.2012 01.07 from the post of G.D.S. M.D. Gunsej B.O. after Completing the age of sixty five years from the office of Postal Inspector, North Division, Bikramganj and retirement letter has been issued vide letter no.SDL/Retiral/GDS MD/ Gunsej, 12 dated at B.K. J22.06.12."
2.06.12."
6. The grounds urged in support of applicant's case are of ornamental nature only and text of said s grounds taken, narrated in Paragraph Paragraph-5 5 of the OA, for sake of brevity are reproduced,, verbatim, herein below:
below:-
"5.1 For that the applicant is entitle for pension and other benefits which is payable to the applicant.
5.2 For that due to negligent part of the Respondents the Pension and other benefits has not been allowed to the applicant.
// 3 // O.A./050/00036/2022
5.3 For that the representation of the applicant is
pendingg for orders before Respondents. 5.4 For that right to pension is a fundamental right of the applicant and as such the same cannot be denied to him."
7. Two annexure, namely Annexure-A/1 Annexure & A-2, 2, in name of attachment of the OA OA, are there. Annexure-A/1 Annexure is the copy of Identity Card of the applicant and Annexure-2 Annexure 2 is the letter dated 22.06.2012 22.06.2012,whereby the applicant has been informed by respondents authority that he has completed 65 years of age, age on 01.07.2008, and thus is being retired.
8. Material available on record of the OA is insufficient to take cognizance and if cognizance is taken on the basis of such insufficient material, the possibility of miscarriage mis of justice may be there.. W We thus are not inclined to take cognizance. Counsel for applicant was ssuggested uggested to withdraw this OA and to file proper petition, in case applicant is having germane grievances but he is insisting to pass Order Order.
9. The OA deserves dismissal on ground ground of insufficiency of material and taking note of entirety is dismissed. However, before parting, we want to say that this dismissal is not on merits but is for insufficiency of material.
[Sunil Kumar Sinha] [M.C. Verma]
Member [A] Member [J]
sks/-