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Central Administrative Tribunal - Delhi

Pradeep Kumar vs Comm. Of Police on 13 October, 2022

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Item No. 03                                           O.A. No. 3120/2016



              CENTRAL ADMINISTRATIVE TRIBUNAL
                 PRINCIPAL BENCH: NEW DELHI

                       O.A. No. 3120/2016

                 This the 13th day of October, 2022

        Hon'ble Mr. Ashish Kalia, Member (J)

        Pradeep Kumar, HC in Delhi Police,
        Age about 51 ears,
        PIS NO.28840633,
        S/o Late Sh. Hari Ram,
        R/o G-26/369-370,
        Ground Floor, Sector-3,
        Rohini, Delhi-85.

                                      ...Applicant

(By Advocate: Mr. Anil Singal)


                            Versus


1.      Govt. of NCT of Delhi,
        Through Commissioner of Police,
        PHQ, IP Estate, New Delhi.
2.      DCP (PCR),
        Through Commissioner of Police,
        PHQ, IP Estate, New Delhi.

                                      ...Respondents


(By Advocate: Mr. Anuj Kumar Sharma)
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Item No. 03                                                       O.A. No. 3120/2016



                           ORDER (ORAL)

Hon'ble Mr. Ashish Kalia, Member (J) The reliefs sought by the applicant in the present O.A. are reproduced below verbatim:-

"i. To direct the respondents to grant the Consequential benefits like Washing allowance, Conveyance allowance, and Special pay of one month's salary (one month's extra Pay) etc. and also interest @ 18 % per annum from the date when the payments became due till the date the actual payment was/is made, arising out of Order dt.30.10.2015.

ii. To award costs in favor of the applicant and pass any order or orders, which this Hon'ble Tribunal may deem just & equitable in the facts & circumstances of the case."

2. Learned counsel for the applicant submits that the applicant while working on the post of HC in the office of the respondents was placed under suspension on 29.06.2012. Consequent upon his exoneration vide order dated 30.10.2015, he was reinstated on 06.02.2016, and his suspension was decided as period spent on duty, which reads as under:-

"In view of all the above facts & circumstances, I, R.K. Singh, IPS, Dy. Commissioner of Police/ PCR, Delhi hereby exonerate ASI (now HC) Subhash Chand, No. 5298/PCR, No. 1648/PCR (PIS No. 28761006) and HC Pradeep Kumar, No. 11644/PCR (PIS No. 28840633) from the charge and their suspension period from 21.03.2012 to 6.2.2015 and 29.6.2012 to 6.2.20125 respectively is also spent on duty for all intents and purposes without prejudice to Cr. Case pending against them in court, which is my view will meet ends of justice."

It is further submitted that the applicant requested to grant washing allowance, conveyance allowance and special pay of one month's salary, which he is entitled to be paid as his suspension was decided as period spent on duty vide order dated 30.10.2015. However, the same has not been paid to him till date. Being aggrieved, he approached this Tribunal with the aforesaid reliefs.

3. On the other hand, learned counsel for the respondents submits that all the admissible consequential benefits have already been paid to the applicant. As regards the benefits of aforesaid allowance, first of all, the washing allowance is not admissible to him as he has deposited uniform articles/kit during his suspension whereas the allowance is payable to the staff for maintaining uniform. Secondly, as regards the conveyance allowance, the applicant has already drawn transport allowance during his suspension as per instruction issued vide Memo dated 18.05.2012 for attending Roll-Call during suspension. Moreover, he is not entitled for conveyance allowance as the same is paid for physical/outdoor duties subject to maintenance of own vehicle and thirdly, special pay 4 Item No. 03 O.A. No. 3120/2016 (one month's extra pay) is payable to non-gazetted police personnel of Delhi Police for 30 days in a calendar year.

4. Leaned counsel for the applicant has drawn my attention to order/judgment dated 18.02.2015 of this Tribunal in OA No. 3059/2014 titled S. B. Yadav vs. Govt. of NCT of Delhi & Anr. and another judgment of this Tribunal dated 08.04.2015 in OA No. 4010/2015 titled Ashok Kumar vs. Govt. of NCT of Delhi & Anr., which have attained finality inasmuch as these judgments have been implemented by the respondents.

In the case of S. B. Yadav (supra), the issue involved was whether during the period of suspension, the applicant, therein, who was also working as Inspector, was entitled to benefit of washing allowance and conveyance allowance and special pay and the Tribunal considered the identical objection of the respondents. This Tribunal by following its common judgment dated 11.08.2005 in OA No. 2342/2004 titled Kunwar Pal Singh Vs. Govt. of NCT of Delhi and Ors. and various judgments of Hon'ble Apex Court, allowed the claim of the applicant therein and passed the following orders:-

"It is not the case of the respondents that the period during which the applicant remained under suspension has not been treated as spent by him on duty. We do not find any reason to take a view different from the view taken by this Tribunal in aforementioned case. In the circumstances, the 5 Item No. 03 O.A. No. 3120/2016 OA is disposed of with direction to respondents to accord the applicant benefits of washing allowance, conveyance allowance and special pay admissible to him for the period during which he remained under suspension. No costs."

Similarly in Ashok Kumar (supra), the challenge made by the applicant was to the rejection of his claim for grant of consequential benefits, such as washing allowance, conveyance allowance and special pay (extra one month's salary). This Tribunal following its earlier judgments including the judgment in Kunwar Pal Singh (supra) and the judgment of Hon'ble High Court and after considering the identical objection from the respondents, allowed the OA and passed the following orders:-

"14. We are of the view that the facts and grounds being similar in the present OA to that of OA2342/2004 decided by the judgment dated 11.8.2005 and OA- 3059/2014 decided on 18.2.2015, the applicant shall be entitled to the same benefits as have been granted in the aforenoted two judgments in the matter of payment of washing allowance, conveyance allowance and special pay admissible to him for the period under which he remained under suspension which was finally decided by the respondents as period spent on duty. The respondents shall accord the aforenoted benefits within a period of six weeks from the date of receipt of a copy of this order. 15. OA is allowed with aforenoted directions. No order as to costs."

5. Heard both the parties at length and perused the records available.

Item No. 03 O.A. No. 3120/2016

6. Taking into the account the averments made by learned counsel for the applicant, this Tribunal is of the considered view that since similar issue has been dealt with in the aforesaid judgments passed by this Tribunal, this O.A deserves to be allowed. Hence, the respondents are hereby directed to accord the benefits such as washing allowance and conveyance allowance and special pay as admissible to the applicant for the period he remained under suspension as has been done in the case of S. B. Yadav (supra) and Ashok Kumar (supra), within a period of 90 days from the date of receipt of a copy of this Order.

7. With this observation, the O.A. is disposed of.

There shall be no order as to costs.

(Ashish Kalia) Member (J) /yaksh/