Central Administrative Tribunal - Lucknow
Bachan Singh Negi vs Union Of India on 15 January, 2025
1
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH
Original Application No. 332/000072/2019
Date of Order: This, the 15th day of January, 2025
HON'BLE MR. JUSTICE ANIL KUMAR OJHA, MEMBER (J),
HON'BLE MR. PANKAJ KUMAR, MEMBER (A)
Bachan Singh Negi, aged about 64 years son of Sri Shyam Singh Negi, resident
of Village Mahad, Post- Kandai Dashjula (Gaucher), Distt- Rudraprayag
(Uttrakhand), retired on superannuation on 31.08.2014 and presently residing
at C/o- Balbir Singh Negi, H.No. 614/K-274-A, Preetinagar, Sitapur Road,
Lucknow.
Applicant.
By Advocate: Shri Praveen Kumar.
Versus
1. Union of India, through the Secretary, Ministry of Communication and I.T.
Govt. of India, Department of posts, Dak Bhawan, New Delhi.
2. Chief Postmaster General, Uttrakhand Circle, Dehrahun.
3. General Manager (Finance) Postal Accounts Office, U.P. Circle, Lucknow.
4. Supdt. Post Offices, Chamoli Division at Gopeshwar.
5. Postmaster Gopeshwar.
...Respondents.
By Advocate :- Shri Yogesh Chandra Bhatt through Video Conferencing.
O R D E R (ORAL)
PER HON'BLE JUSTICE ANIL KUMAR OJHA, MEMBER (J) Heard the learned counsel for the applicant, learned counsel for the respective respondents and perused the records.
2. In this OA, applicant has prayed for the following reliefs:
"(i). The Hon'ble Tribunal may kindly quash the order dated 22.08.2014 passed by opposite party no.4. The order passed by opposite party no. 4 on 22.08.2014 is contained as Annexure No. 1 to this application.
(ii) The Hon'ble Tribunal may directed to opposite parties to revised the pay scale of applicant as per MACP Scheme which has become effective from year 2008 on the basis of service of applicant on the post of Sub Post Master in Rudraprayag.
(iii) The Hon'ble Tribunal may kindly please to direct the opposite parties to assess the pensionary benefits on the basis of MACP Scheme for post of Sub Post Master in Rudraprayag on which post the applicant has serviced till retirement.
(iv) The Hon'ble Tribunal may kindly please to direct the opposite parties to refund the recover amount recovered from applicant i.e. Rs. 2,44,242/- with interest at the rate of 12% from 01.01.2015 till date of refund.2
(v) The Hon'ble Tribunal may kindly be please to quash the order dated 24.07.2018 through which the authority concern has rejected the representation given by applicant to authorities.
(vi) To issue such other order or direction which this Hon'ble Tribunal deems just and proper in the circumstances of the case may kindly be passed.
(vii) To award the cost of this original application in favour of the applicant."
3. At the outset, learned counsel for the applicant submitted that the issue involved in the present case has already been examined in detail in various judgments, which are O.A.No.19/2019 and other connected OAs in the case of Natvarbhai S. Makwana versus Union of India & Others decided 17.09.2019 by Hon'ble CAT, Ahmadabad Bench, O.A.No.011114/2017 - C. Vasudevan vs. Union of India & Others decided on 28.11.2019 by Hon'ble CAT, Ernakulam Bench, O.A.No.3756/2011 in Shakeel Ahmad Burney vs. Union of India & Others decided on 03.11.2015 by Hon'ble CAT, Principal Bench, New Delhi, Hon'ble High Court of Delhi in W.P. (C) 4131/2014 Union of India & Others vs. Shakeel Ahmad Burney dated 05.08.2014, O.A.No.114/2019 - Jairam Luniwal vs. Union of India & Others decided on 05.05.2022 by Hon'ble CAT, Jaipur Bench, Hon'ble High Court of Judicature for Rajasthan at Jodhpur in Writ Petition No.11709/2013 connected with other writ petitions in Union of Indian & Others vs. Har Govind Sharma decided on 10.08.2015, Pooran Singh & Others vs. Union of India & Others by CAT, Lucknow Bench dated 31.10.2013, Union of India & Others vs Pooran Singh & Others decided on 18.01.2016 by CAT, Allahabad Bench, CAT, Jodhpur Bench's order dated 22.05.2012 passed in the case of Bhanwar Lal Regar Vs. Union of India & Others, CAT, Bangalore Bench's order dated 14.03.2013 passed in the case of D. Sivakumar vs. Union of India & Others in OA No.1088/2011, CAT, Bangalore Bench's order dated 17.01.2018 passed in the case of C.F. Tagadinamani vs. Union of India & Others in O.A.No.946/2016, CAT, Ernakulam Bench's order dated 04.04.2019 passed in the case of V.D. Easow Vs. Union of India & Others in O.A.No.950/2017 and other connected OAs, CAT, Bangalore Bench's order dated 22.11.2017 passed in the case of G.B. Kulkarni vs. Union of India & Others in O.A.No.852/2016 and other connected OAs.
Further contended that respondents may be directed to consider the case of the applicant in the light of aforesaid judgments.
4. Learned counsel for the respondents opposed the submissions, however, conceded the fact that in similar fact situations, this Tribunal in O.A.No.130/2013 - Pooran Singh & Others vs. Union of India & Others dated 31.10.2013 has passed the orders.
36. Considering the facts and circumstance of the case, we are of the considered opinion that this OA may be disposed of with a direction to the respondents to consider and decide the case of the applicant in the light of the judgments cited by the learned counsel for the applicant within a stipulated period of time.
7. In view of above, impugned order dated 22.08.2014 Annexure No.1 is quashed. Respondents/competent authority are directed to consider and dispose of the case of the applicant in light of judgments as mentioned in Para- 3 above within a period of three months from the date of receipt of a certified copy of the order by a reasoned and speaking order under communication to the applicant forthwith.
Registry is directed to provide a certified copy to this order to the learned counsel for the respective respondents within 07 days.
The OA is disposed of in above terms.
There shall be no order as to costs.
Pending MAs, if any, also stand disposed of accordingly.
(Pankaj Kumar) (Justice Anil Kumar Ojha)
Member (A) Member (J)
Ak/-
Amit Kumar Digitally signed by Amit Kumar
Date: 2025.01.16 15:37:37 +05'30'