Central Administrative Tribunal - Delhi
Smt. Seema Chopra vs Government Of Nct Of Delhi on 22 November, 2013
Central Administrative Tribunal Principal Bench New Delhi O.A.No.1439/2012 Order Reserved on: 18.11.2013 Order pronounced on 22.11.2013 Honble Shri V. Ajay Kumar, Member (J) Honble Shri P.K.Basu, Member (A) Smt. Seema Chopra W/o Sri Yogesh Chopra Ex. Post Graduate Teacher R/o C-5A6, New Friends Colony New Delhi. Applicant (By Advocate: Ms. Meenu Mainee) Vs. 1. Government of NCT of Delhi through Chief Secretary I.P.Estate New Delhi. 2. Director of Education Government of NCT of Delhi Old Secretariat Delhi. 3. Deputy Director of Education District North West B FU Block, Pitampura Delhi. 4. Principal Government Girls Schools D Block, Sultanpuri New Delhi. Respondents (By Advocate: Shri B.N.P.Pathak) O R D E R By V. Ajay Kumar, Member (J):
The applicant was appointed as Trained Graduate Teacher (TGT) on 11.09.1997. While working as such, she was dismissed from service, in pursuance of the disciplinary proceedings on certain charges, vide disciplinary authoritys Order dated 14.01.2008. However, the departmental appeal filed by the applicant was partially allowed by converting the penalty of dismissal to that of compulsory retirement and the period of absence was treated as dies-non, vide Order dated 23.03.2009. Aggrieved by the same, the applicant filed OA No.2219/2009, which was disposed of vide Order dated 17.02.2010 as follows:
2. The penalty of dismissal since being converted into compulsory retirement, the period of absence has been treated as dies non. In above view of the matter, we find that the Applicant who has not joined the duty, may not be entitled to the salary, but this period may be condoned for the purpose of qualifying service as per Rule 28 of the CCS (Pension) Rules 1972 by a speaking order to be passed by the Disciplinary Authority within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. No costs. In pursuance of the said orders of this Tribunal, the respondents passed orders, which read as follows:
Therefore, I Rakesh Mohan, Principal Secretary, Establishment in compliance with directions of the Honble Central Administrative Tribunal dated 17.2.2010 hereby order that the period of unauthorized absence from 06.03.2005 to 14.1.2008 declared as `dies non be counted for qualifying service for the purpose of pension only., and issued the impugned Annexure A1, PPO dated 17.08.2011.
2. Smt. Meenu Mainee, the learned counsel for the applicant submits that once the respondents passed orders declaring the period of `unauthorized absence from 06.03.2005 to 14.01.2008 be counted for qualifying service for the purpose of pension, they ought to have fixed her salary in the revised pay scale as on 01.01.2006 and consequently to fix her pension accordingly. It is further submitted that the representations of the applicant (Annexure A7), in this regard, went unanswered.
3. The respondents through their counter though not denied the claim of the applicant, but stated that the Last Pay Certificate (LPC) of the applicant was issued on 20.08.2008, and by that time, the report of the 6th Central Pay Commission was not received, and as a result, the applicants pay could not be fixed in the revised pay scale and PPO was also issued basing on the said LPC. Further, it is also stated in the counter that the matter has been examined by the Senior Accounts Officer, NW-B, who opines that the claim of the applicant is correct, however, prayed for three months time to do the needful in the matter.
4. In these circumstances and for the aforesaid reasons, the OA is allowed. The respondents are directed to re-fix the pay and emoluments in accordance with the revised pay structure as per the 6th CPC, and to work out the consequential pension, and pay the said pensionary arrears. This exercise shall be completed within sixty days from the date of receipt of a certified copy of this order, failing which the applicant is entitled for interest on the pensionary arrears at the GPF rate of interest from the date of filing of the OA, till the date of actual payment. No order as to costs.
(P.K. Basu) (V. Ajay Kumar) Member (A) Member (J) /nsnrvak/