Central Administrative Tribunal - Kolkata
Pradip Kr Chatterjee vs Eastern Railway on 21 November, 2017
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CENTRAL ADMINISTRATIVE TRIBUNAL
CALCU'vrA BENCH
No. OA 350/1347/2016 Date of order: 21.11.2017
Present: Hon'b!e Ms Manjula Das, Judicial Member
Hon'ble Dr.Nandita Chatterjee, Administrative Member
PRADIP KUMAR CHArFERJEE
S/o Late Pankaj Kumar Chatterjee,
R/o 7/13 Dutta Para Lane,
P0 Chatra, Serampore,
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Dist. Hooghly,
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Pin-7 12204.
APPLICANT.
VERSUS
1. Union of India, through
The General Manager,
Ministry bf Railway.
RailBhav,
New Dffic- 110001. 'i N
2 The Geneil Mangr,
Eastern Railway, ' .
`l7NSRoad,
Fairlie Place,
Kolkata-700001 '
3?' The Divis'onal RaiiaM1ager,
Office of the D1v/1siona1'Railwây,
Eastern Railway,
Ho*rah 711 101.
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4. Finance Account &
Chief Accounts Officer:(Pens.j6n)
Eastern Railway,-, •..
Fairlie Place, '
17 Netaji Subhas Road,
Kolkata -700001.
.5. The Sr. Divisional Commercial Manager,
Eastern Railway,
Howrah.
6. The Sr. Personnel Officer./T
Eastern Railway,
Fairlie Place, •
Kolkata
7, The Dy. Chief Commercial Manager/CAtg.,
Eastern Railway,
3 Koilaghat Street,
Kolkata - 70000 1,
RESPONDENTS.
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For the applicant Mr.B.K.Dey, counsel
For the respondents Mr.M.K.Bandyopadhyay, counsel
ORDER
By making this OA the applicant prays for a direction upon th respondents to release Rs.52,285/- to the applicant on account of gratuity along with interest calculated at the rate of 18% per annum on and from the date of superannuation i.e. from 30.6.2014.
2. Mr,B,K.Dey, Id. Counsel for the applicant submits that the applicant retired from service, on 30.6.2014. 'On 10.7.20.14 Dy. Chief Commercial Manager/Catering issued an order addressed to the Chief Personnel Officer (Settlement), Eastern Railway asking him to held up DCRG money against the applicant since huge amount is- buttanding against the applicant. The applicant wrote a letter to the Chief- C merc1aF)Marager, Eastern Railway stating the entire fact of non-issuance of no kclm c(rflficate and requested to ,. t/ .', ', •., t pay the amount admisibleiterms of grtuit3r ON 18 2014 the applicant, citing his earlier letters again request4ed forrelea'e of hisDCRG money.
I J The applicantbeing aggrievd by .. rn-action of the respondents, 72 j approached this Tribnai in.OA 1432/2014. Thi.1r.ibuna11on 8.9.20 15 ordered / Y ...,. \ asunder:
/ "In view of the admitted positibh that no proceedings have been initiated against the employee pri'or'to his retirement or after his superannuation till this date, I direct the authorities to consider he cairn of the applicant in regard to release of gratuity and if nothing stands in the way to release the same within two months from the date of communication of this order or to pass a reasoned and speaking order justifying withholding of the entire gratuity amount.
The OA is accordingly disposed of. No order is passed as to costs."
Pursuant to the above order dated 8.9.2015 passed by this Tribunal, the respondent authorities released the amount of DCRG to the tune of Rs.6,41,705/- instead of Rs.6,93,990/- by deducting Rs.52,285/- as Railway Medical, House Building interest and Catering Debit. Hence the applicant has filed the present OA for release of the said amount along with interest.
3. It is submitted by the applicant that he did make a representation on 8.7.20 16 and he will be .satisfied if the OA is disposed of with a direction upon T:
1r 3 / the respondent authorities to dispose of the said representation. I Mr.M.K.Bandyopadhyay, id. Counsel for the responder'its submits that there is no objection if the matter is sent to the department for taking a decision on the / representation.
Heard both the id. Counsels, perused the papers and materials placed before us.
We noted that both the id. Counsels have made submissions for consideration of the representation. dated 8.7.2016 made by the applicant. However, on scrutiny of the papers it is noticed that the said representation dated 8.7.2016 has been disposed of by the respondent authorities vide order dated 18.7.2016 by the Chief Personnel Officer and the applicant was duly intimated, where the applicant acknowiedgd the receipt of the sate on 23 7 2016 The said letter issued by the deprmnt on disposal of the representation dated 8 7 2016 required sone rply from the applicant in terms of production of some ielevant documetsifi'suort ofis laim 6(a) As regards point No li"in regard ttlFefund ' Zf interest of HBA of Jr Rs 20,030/- the respondent authorities rêquefed as heuiider "You have not. sUrnitted copy (df, •thi$Jetter./ You are, therefore requested to kindly ubthi•t, the prope - dp'bir -ients in support of your claim." . . ... •• 1 So far as point No.2 iscoñcerned in'gafd to refund of Rs.21,030/-
towards Medical Card under RELHS, the respondent authorities replied that as per Railway Board's letter dated 31.5.2012, joining RELHS, 97 has been made mandatory for all retiring railway personnel without any exit clause whatsoever. Accordingly Medical Card under RELHS had been issued to him on recovery of last month's basic pay amounting to Rs.21,030/- towards RELHS from the DCRG money and Medical Card has been issued to him. Therefore the question of refund of such amount does not arise.
As regards point No.3, in regard to. refund of Rs. 1 1,225/- towards Catering Debit, it is mentioned that the matter has already been referred to the Catering Department. However, position in this regard will be intimated to the ......
applicant on receipt 01 opirliull U1 L111., - ;
Department.
as to whether the applicant . completed the Now the question arises formalities as i4e in the letter dated 18.7.2016.
In the Original Application we do not find any completion of formalities, so far as required by the respondent authorities in their reply dated 18.7.2016, 9, As such it would be deem fit and proper to dispose of this OA directing ed the applicant to approach the authority to complete the formalities as requir in accordance with law. Thereafter the respondent authorities shall corside his case and on consideration, if any i.ef DCRG due to the applicant :
sv law, the same will be immediately released to the applicant within a period, of 3 months from the daté of,,r.ecipt of the copy of this order.
With this obsrvationd directioii:the OA s.dis sed of. No costs.
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t . ,. (1AI)IJULA DAS)
(DR. NANDITA CHATPERJEE)
ADNISTRATIVE
MI MEMBER JUIC1AL MEMBER