Central Administrative Tribunal - Delhi
Sh. V.K. Sharma vs Shri P.K. Tripathi on 29 July, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
C.P. No. 483/2011 In
O.A. No.2523/2009
New Delhi, this the 29th day of July, 2011.
HONBLE MRS. MEERA CHHIBBER, MEMBER (J)
HONBLE DR. A.K. MISHRA, MEMBER (A)
Sh. V.K. Sharma,
S/o Shri Shyan Sunder Lal Sharma,
R/o M-64, Saraswat Bhawan,
Shastri Nagar,
New Delhi-52. Applicant
(By Advocate : Sh. Govind Ballabh)
Versus
1. Shri P.K. Tripathi, I.A.S.,
Chief Secretary of GNCT of Delhi.
2. Shri B.M. Safolia,
Principal Secretary (FIN),
Govt. of NCT, Delhi. Respondents
(By Advocate: Shri Nitesh Kumar Singh for Mrs. Avnish Ahlawat)
ORDER (ORAL)
Mrs. Meera Chhibber, Member (J) CP was filed alleging disobedience of the order dated 15.03.2010 passed in OA 2523/2009 whereby impugned orders were quashed and set aside with consequential benefits. However, the respondents were at liberty, if so advised, to refer the certificate of the applicant to the Medical Authorities for specifying under which category he falls, namely, OA, OL, BH & BL. In case Hospital Authorities feels it would be necessary to examine the applicant before deciding upon the category, applicant may be called for medical examination for deciding the category. Respondents were further directed to determine the category of the applicant and proceed thereafter in accordance with law.
2. Respondents, after the orders were passed by the Tribunal, initially issued order dated 12.05.2010 which reads as under:
To The Medical Superintendent, Lok Nayak Hospital, GNCT of Delhi, Jawahar Nehru Marg, New Delhi-110002.
Sub.: Forwarding of Medical Certificate of Shri V.K. Sharma, AAO. Sir, In pursuance to the judgment of Honble CAT dated 15.03.2010 in OA 2523/09 & MA No.2104/09 in the case V.K. Sharma V/s UOI & Ors., I am directed to forward herewith medical certificate of Shri V.K. Sharma, AAO for clarifying whether the case of Sh. V.K. Sharma is covered under any of the following categories as prescribed by the Govt. of India, Deptt. of Personnel & Training OM dated 28th February, 1986 and May, 2001:
a) OA One arm affected (R or L)
b) OL One leg affected (R and/or L)
c) BH Stiff back and hips (cannot sit or stoop)
d) BL Both legs affected but not arms Photocopy of the medical certificate issued by Lok Nayak Hospital in 1982 is enclosed for reference. However, keeping in view the sensitive nature of the case, original certificate, when required, will be presented by the officer of the Finance Department before the medical board, on the date and time fixed by the Hospital.
I am also directed to invite your attention towards para 32 (copy enclosed) of judgment of the Honble CAT wherein it has been ordered that in case the Hospital feels it would be necessary to examine the applicant before deciding upon the category, Sh. V.K. Sharma, AAO may be called for medical examination for determining the category.
It is, therefore, requested to kindly examine the medical certificate of Sh. V.K. Shrama, AAO and accordingly inform the category under which the officer falls within 15 days of receipt of this letter, to enable this department to initiate action as per the directions of Honble CAT.
This issues with the prior approval of Chief Secretary.
3. They have also issued order dated 03.08.2010 whereby the pay of the applicant has been restored and refixed as follows:
Consequent upon the implementation of the aforesaid orders and the set aside of the penalty orders by the Competent Authority, the pay of Sh. V.K. Sharma, Asstt. Accounts Officer is hereby restored, re-fixed and regulated as under:-
Pay in Pay Band-II (9300-34800) with grade pay Rs.4800/-
Period Pay after penalty Basic + G.Pay Restored 31-12-2007 to 30-06-2008 Pay after penalty Rs.16430 + 4800 Rs.17070 + 4800 01-07-2008 to 30-06-2009 - do - Rs.16430 + 4800 Rs.17730 + 4800 01-07-2009 to 30-06-2010 - do - Rs.16430 + 4800 Rs.18410 + 4800 01-07-2010 - do - Rs.16430 + 4800 Rs. 19110 + 4800 Date of next increment 01-07-2011. Copy of the order is taken on record and has also been served on the counsel for the applicant.
4. In view of above, nothing more survives in this CP. The same is accordingly dropped. Notices are discharged. However, in case applicant has any other grievance, it would be open to him to challenge the same on the original side.
(DR. A.K. MISHRA) (MRS. MEERA CHHIBBER)
MEMBER (A) MEMBER (J)
/jyoti/