Central Administrative Tribunal - Delhi
Dr Sujit Bagchi vs M/O Environment And Forests on 15 February, 2023
1
Item No. 15 O.A. No.1372/2021
Central Administrative Tribunal
Principal Bench, New Delhi
M.A. No.2668/2021 in
O.A. No. 1372/2021
This the 15th day of February, 2023
Hon'ble Mrs. Pratima K Gupta, Member (J)
DR. SUJIT BAGCHI @ SUJIT KUMAR BAGCHI
Aged about 78 years, S/o Sh. Mahitosh Bagchi,
(Retired Scientist -Head of Genetics and Tree Propagation),
R/o Flat No. 161, Plot No. 19,
Sector-4, Dwarka Phase-I,
Dakshinayan Apartments (EPDP Cooperative Group Housing
Society), New Delhi-110078
...Applicant
(By Advocate: Mr. Rajesh Pandey)
VERSUS
1. UNION OF INDIA
Through its Secretary,
Minister of Environment, Forest & Climate Change
(Government of India)
Paryavaran Bhawan, CGO Complex,
Lodhi Road, New Delhi-110003.
2. President
Indian Council of Forestry Research and Education
(ICFRE) Society (An Autonomous Body of the Minister of
Environment, Forest & Climate Change, (Government of
India)
Indira Paryavaran Bhavan, Ali Ganj, Jor Bagh Road,
New Delhi-110003
3. Chairman,
Board of Governors,
(Secretary, MOEF & CC)
Indian Council of Forestry Research and Education.
P.O. New Forest, Dehradun (Uttarakhand).
Pin code:- 248006
Phone: +91-135-2224867(0) Email: - [email protected]
2
Item No. 15 O.A. No.1372/2021
4. Ministry of Personnel Public Grievance and Pensions
(Departments of Pensions & Pensioner's Welfare)
Through its Secretary (Pension),
Lok Nayak Bhawan, Khan Market,
New Delhi-110003
Phone: 011-24624752
5. Director General (Chief Executive)
ICFRE (HQ)
P.O. New Forest, Dehradun (Uttarakhand),
Pin Code-248006
Phone +91-135-2759382, 2224333, 2224855.
Email:- [email protected].
6. The Deputy Director General (Administration)
Indian Council of Forestry Research and Education.
P.O. New Forest, Dehradun (Uttarakhand),
Pin code:- 248006
Phone: +91-135-2758295,2224856,941171410
Email: [email protected].
7. The Secretary,
Indian Council of Forestry Research and Education
(ICFRE).P.O. New Forest, Dehradun (Uttarakhand),
Pin code:- 248006
Email: [email protected]; [email protected]
Phone: 0135-2758614
0135-2224867 Dehradun (Uttarakhand)
Pin code:- 248006
Also, at:
VAN VIGYAN BHAWAN, ICFRE,
Sector-5, Rama Krishna Puram,
NEW DELHI-110022
......Respondents
(Through Advocate: Mr. S.K. Tripathi for Mr. Gyanendra
Singh and Mr. Susheel Sharma for Mr. Sanjay Katyal)
3
Item No. 15 O.A. No.1372/2021
ORDER (Oral)
M.A. No.2668/2021
The present Miscellaneous Application has been filed by the applicant alongwith Original Application seeking condonation of delay. It is seen that the relief prayed for by the applicant is related to the year 2003 and for the sake of clarity, the same is reproduced hereinbelow:
"(a) condone the delay of 17 years 5 months (From 01.10.2003 to 01.03.2021 i.e., 6361 days) in filing the present O.A. before this Hon'ble Tribunal by allowing this application and hear the O.A. filed by the applicant on merits in the interest of justice;
(b) Pass any other order (s) in favour of the applicant as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."
2. The applicant claims that there is delay of almost 17 years and 5 months, in filing the present O.A. Learned counsel for the applicant in support of his contention submits that the applicant was sick rather he was undergoing treatment for various complications that may include myocardial infarction (coronary bypass), Cancerous equate and brain hemorrhage and it is seen 4 Item No. 15 O.A. No.1372/2021 that all the medical documents annexed with condonation of delay application, clearly established that he was fell ill post 2010. He further adds that since then the applicant is in receipt of less pension than he was entitled to, therefore, there is continuous cause of action. He further adds that, he has been pursuing the matter with the respondents by filing representation dated 22.08.2013 & 24.09.2013 (Annexure-11), followed by various reminders. The same have been rejected by the respondents, vide Order dated 24.02.2020.
3. It is seen that while rejecting the claim of the applicant the respondents have stated that since the applicant has preferred the representation after delay of 10 years, therefore, the same has been rejected.
4. At this stage, learned counsel for the applicant states that he would be satisfied, if a direction is issued to the respondents to reconsider the representation of the applicant and decide the same by way of passing a reasoned and speaking order.
5. In view of the limited prayer made by the learned counsel for applicant, the respondents are directed to 5 Item No. 15 O.A. No.1372/2021 reconsider and dispose of the representation of the applicant placed at page 72 and 73 of the O.A. (Annexure-A-11) afresh by way of passing a reasoned and speaking order on merits, ignoring the limitation.
6. In view of the above, MA No.2668/2021 stands disposed of. Consequently, the O.A. is also disposed of.
7. It is made clear that I have not gone into the merits of the case.
(Pratima K. Gupta) Member (J) cc/SGupta/