Central Administrative Tribunal - Delhi
A K Lalwani vs Delhi Development Authority Delhi on 7 December, 2021
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Item No. 6 O.A. No. 138/2015
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 138/2015
This the 07th day of December, 2021
Hon'ble Ms. Manjula Das, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
A.K. Lalwani, Retired Junior Engineer,
Aged about 56 years,
S/o Late Shri K.L. Lalwani,
R/o 1-F/131 Lajpat Nagar - I,
New Delhi 110024
...Applicant
(By Advocate: Mr. M.K.Bhardwaj with Mr. M.D.Jangra)
Versus
DDA & Ors.
1. The Vice Chairman,
Delhi Development Authority,
Vikas Sadan, INA,
New Delhi.
2. The Commissioner (Pers.),
Delhi Development Authority,
Vikas Sadan, INA,
New Delhi.
3. The Executive Engineer,
Flyover Division No.3,
DDA, Aastha Kunj, Nehru Place,
New Delhi - 110019.
...Respondents
(By Advocate: Mr. S.M.Zulfiqar Alam)
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Item No. 6 O.A. No. 138/2015
ORDER (ORAL)
Hon'ble Ms. Manjula Das, Chairman The applicant has filed this OA seeking the following relief(s):-
"(i) To call for all the record relating to the transfer/ leave sanctioned to the applicant as contained in the Personal File of the applicant and the Service Book of the applicant and all other related documents maintained by the respondents in respect of the service of the applicant.
(ii) To direct the respondents to release salary of applicant from October 98 to 22.11.2000 and 06.01.2001 to 31.07.2002 along with interest @ 24% p.a. for the period of delay.
(iii) To direct the respondents to fix the emoluments of the applicant as per the recommendations of the Vth Pay Commission with effect from 01.01.1996, and release all the arrears along with interest @12% per annum for the delayed period.
(iv) To direct the respondents to recalculate his Qualifying Service for the purposes of calculating his pensionary benefits, after taking into account the leave not yet sanctioned, both on medical grounds and otherwise, which has been recommended by the competent authority, and which is not correctly shown in the Absentees Statements of the relevant period.
(v) To direct Respondents to release all pending dues i.e. leave encashment, revised pension, salary, HRA, etc.
(vi) To allow the O.A. with exemplary cost.
(vii) Pass any further orders as this Hon'ble Tribunal may deem fit and proper considering the peculiar facts and circumstances of the case."3 Item No. 6 O.A. No. 138/2015
2. Brief facts of the case are that the applicant was appointed as Junior Engineer with the respondent department w.e.f. 21.07.1981. It is submitted that he was denied salary and other allowances since 02.10.1992. Thereafter, on 15.07.2003 he was compulsorily retired from service. It is further submitted that applicant made several representations to settle all his dues, i.e., salary as well as terminal benefits etc. but to no avail. In this regard, applicant resorted to RTI to get information about the outcome of his representations, wherein respondents have nowhere disputed the entitlement of the applicant for salary, medical reimbursement claim, leave encashment etc. The only objection raised by the respondents was regarding verification of posting and non receipt of LPC from previous DDO, for which applicant cannot be faulted with. He prayed that his salary may also be revised and paid as per the recommendations of the 5th Central Pay Commission w.e.f. 01.01.1996, alongwith arrears and interest.
3. At the outset, learned counsel for applicant submits that he would be satisfied, if a direction is issued to the respondents to decide his pending representations within a time bound manner.
4. Learned counsel for respondents has no objection to the prayer made by the learned counsel for applicant.
5. Heard Mr. M.K.Bhardwaj with Mr. M.D.Jangra, learned counsel for applicant and Mr. S.M.Zulfiqar Alam, 4 Item No. 6 O.A. No. 138/2015 learned counsel for respondents, and perused the pleadings on record.
6. It is evident from the record that this is an old matter of the year 2015 and ever since more than 6 years have elapsed. We are not inclined to keep the matter pending further.
7. In view of the above, the OA is disposed of with the direction to the respondents to finalise the issue by properly examining it, and to decide the same, in accordance with law, keeping in view the entitlement of his pay as per the recommendations of 5th Pay Commission. It is made clear that before taking any decision, the applicant be afforded opportunity of being heard personally. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.
(Mohd. Jamshed) (Manjula Das)
Member (A) Chairman
/sd/maya