Central Administrative Tribunal - Ernakulam
Edwin P M vs The Secretary Ministry Of Information ... on 27 October, 2021
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Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00525/2021
Wednesday, this the 27th day of October, 2021
CORAM:
Hon'ble Mr. P.Madhavan, Judicial Member
Hon'ble Mr.K.V.Eapen, Administrative Member
Edwin P.M., Aged 56 years,
Sb P.M. Michael,
Programme Executive (Retired), A.I.R., Coimbatore,
Perumpallil House,
Engineering College P 0,
Trichur -- 680009. Applicant
(By Advocate: Mr.\Jinod Singh Cheriyan, & Mr.Varghese John)
Versus
Union of India, represented by its Secretary,
Ministry of Information and Broadcasting,
Room No.552, A-Wing, Shastri Bhavan, New Delhi,
Pin-- 110001.
2. Director General, All India Radio,
Akashvani Bhavan, Parliament Street,
New Delhi-- 110001.
3. Additional Director General,
All India Radio (South Zone),
No. 7, KamrajSalai, Mylapore,
Cheimai, Tamil Nadu -- 600004.
4. Head of Office, All India Radio, Coimbatore
Trichy Rd, S.R.Iyer Layout, Rukmani Nagar,
Ramanathapuram, Tamil Nadu,
Pincode -- 641045.
5. Pay and Accounts Officer,
All India Radio, Chennai
No.7, KamrajSalai, Mylapore,
Chennai, Tamil Nadu -- 600004. Respondents
(By Advocate: Mr.N.Anilkumar, SCGSC)
The O.A having been heard 27th October 2021 through video conferencing,
this Tribunal delivered the following order on the same day:
ORDER (ORAL)
P.Madhavan, Judicial Member This Original Application has been filed by the applicant seeking the following reliefs:
"(i) Call for the records leading to the issuance of Annexure A6 pay re-fixation order and to quash Annexure A6 pay re-fixation order dated 04.12.2020 being arbitrary and illegal.
(ii) Quash Annexure-A]3 to the extent it reduces the • pension and commuted pension of the applicant.
(iii) Quash Annexure-A 12 Order to the extent it reduces the gratuity and directs recovery of excess pay
(iv) Declare that the applicant is entitled to receive pay fixation made on the basis of Annexure A2, Annexure A3 and Annexure-A4 orders and to receive all consequential benefits as ifAnnexure A6 is not issued.
(v) To direct the respondent no.4 and 5 to issue revised PPO and Gratuity sanction order and to pay the balance amounts due with interest as per revised FF0 and Gratuity S sanction at the earliest and without delay and to pay all future pensions as per revised FF0.
(vi) To direct the respondent to pay the amount of Rs.2,43,202/- which was deducted from the applicant's gratuity with interest from the date when it became due to the date ofpayment.
(vii) To grant any other further relief(s) or order(s) as this Hon 'ble Tribunal may deem fit, just and proper to meet the ends ofjustice. And
(viii) To grant the costs of this Original Application.
2. The brief facts of the case are as follows:
Applicant had voluntarily retired on 0 1.09.2020 after 30 years of service at All India Radio. In the O.A, the applicant is aggrieved by the Annexure-A6 ord.3
dated 04.12.2020 by which the applicant's basic pay was reduced with retrospective effect from 0 1.01.2006, which also resulted in reducing 2" MACP benefit already granted w.e.f from 02.04.2010 and withheld increment of 01.07.2020 and excluded 3rd MACP benefit due to him. The Applicant's representations and petitions to the respondents were not responded to by the respondents. Hence, the applicant have approached this Tribunal praying for the above reliefs.
3. When the matter came up for consideration, counsel for the applicant has produced a fresh copy of the representation submitted to the competent authority • and submits that the applicant will be satisfied if the said representation is considered in view of the rules & regulations on the subject within a time period.
4. Adv.Mr.N.Anjl[kumar, SCGSC takes notice on behalf of the respondents and submits that the respondents have no objection in disposing of the representations.
5. In view of the representation pending before the competent authority, hereby direct the competent authority to consider the representation filed by the applicant dated: 12.10.2021 and pass a speaking and reasoned order on the basis of relevant rules, regulations and guidelines on the subject with a period of three months from the date of receipt of a copy of this order.
46. The Original Application is disposed of as above at the admission stage itself.
No costs.
(K.V.Eapen) (P.Mad avan)
Administrative Member Judicial Member
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List of Annexures
Annexure Al- Truecopy of the pay fixation orderNo.TRC/ 10(2)/2011-s 8113 dated
11.11.2011 issued by Deputy Director (Engg.), AIR, Thrissur.
Annexure A2 - True copy of the Ministry of Finance Order No.10/02/2011 -E.III(A) dated 19th March, 2012.
Annexure A3 - True copy of the statement of fixation No.TRC-10(2)/2012- 13/AC/5532 dated 25.07.20 12 by DDE, AIR, Thrissur.
Annexure A4- Truecopy of original pay fixation Order no. TRC-10(2) 2013- 14/AC/lOS 1 dated 24.02.20 14.
Annexure A5-. True copy of the last salary slip for the month of May, 2020 issued to the applicant.
Annexure A6- True copy of the Pay re-fixation Order No.CBE18(5)/2020-S dated 04.12.2020.
AnnexureA7- True copy of the email petition dated 10.12.2020 submitted by the applicant to the respondents no.2 to 5. (without its enclosures).
Annexure A8- True copy of the letter dated 18.12.2020 submitted by the applicant to the 5th respondent against pay re-fixation order. (without its enclosures).
• Annexure A8(a)- True copy of the track consignment delivery confirmation of the letter dated 2 1.12.2020 to 5 respondent.
AnnexureA9- True copy of the letter dated 18.12.2020 submitted by the applicant to the 2' respondent against pay re-fixation order. (without its enclosures).
Annexure A1O- True copy of the letter dated 18.12.2020 submitted by the applicant to the 2' respondent for sanction 0f3rd MACP benefits. (without its enclosures) Annexure All- True copy of the letter dated 18.12.2020 submitted by the applicant to the 2id respondent for regularisation of absence due to Covid-19 travel restrictions. (without its enclosures).
Annexure Al 1(a)- True copy of the track consignment delivery confirmation of the letters dated 2 1.12.2020 to 2' respondent.
Annexure Al2- True copy of the Gratuity Sanction order File No.028554/205640/4 6 dated 05.02.202 1.
AnnexureA13- True copy of the File No.028554/2 05640/4 dated 10.02.202 1 (PPO No. 285542100144).
AnnexureA14- True copy of the email petition dated 21.06.202 1 submitted by the applicant to all the respondents.(without its enclosures).
Annexure A15- A true copy of the representation (without its enclosures) by the applicant to the respondents on 12.10.2021 along with copy of postal receipts.
Annexure Al 5(a)- A true copy of the track consignment delivery confirmation of the letter dated 12.10.202 1 to respondent no.1.
Annexure A 15(b)- A true copy of the track consignment delivery confirmation of the letter dated 12.10.202 1 to respondent no.2.
I Annexure A15(c)- A true copy of the track consignment delivery confirmation of the letter dated 12.10.202 1 to respondent no.3.
Annexure A 15(d)- A true copy of the track consignment delivery confirmation of the letter dated 12.10.202 1 to respondent no.4.
Annexure A 15(e)- A true copy of the track consignment delivery confirmation of the letter dated 12.10.202 1 to respondent no.5.
AnnexureA16.. A copy of the response to email RTI request received from respondent no.4 on 22.10.202 1.