Central Administrative Tribunal - Gauhati
Permanent Address vs Union Of India on 11 February, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No: 26 of 2010
Date of Order: This is, the 11th Day of February, 2010.
HONBLE SHRI M.K.CHATURVEDI, ADMINISTRATIVE MEMBER
Shri Gopal Chandra Das Choudhury
IFS (Retired)
(Retired as Conservator of Forest,
Government of Meghalaya)
S/o (L) Gopesh Das Choudhury
Presently resident at : C/o Dilip Dutta
Bishop Cotton Road, Qtr. No. 2
Shillong 793001
Permanent Address:
Behind Ulubari Boxing Club
Kachari Basti, Ulubari, Guwahati 7
District Kamrup (Asom). .Applicant.
By Advocate: Mr.R.Choudhury
-Versus-
1. Union of India
Represented by the Secretary
To the Ministry of Environment & Forest
Government of India
Paryavaran Bhavan
CGO Complex
Lodhi Road, New Delhi 110003.
2. The Secretary
To the Government of Meghalaya
Department of Forests & Environment
Meghalaya Civil Secretariat
Shillong 793001.
3. The Secretary
to the Government of Assam
Department of Environment & Forests
Assam Sachivalaya, Dispur
Guwahati 781006. Respondents
4. Accountant General (A/E)
Meghalaya, Shillong. Proforma Respondent
* * * * * * *
ORAL ORDER
M.K.CHATURVEDI, MEMBER (A):-
By this application Applicant makes a prayer to issue necessary direction to the Respondents for disposing of the matter of the Applicant on the basis of Rule 8 of IFS (Pay) Rules, 1968.
2. Adverting to the facts I find that Applicant belonged to 1983 batch of IFS of the Assam-Meghalaya Joint Cadre. His immediate junior Shri H.Haraprasad belonging to 1984 batch of IFS got his promotion to the rank of Conservator of Forests vide notification dated 03.06.1997, and he was given promotion to the selection grade w.e.f. 01.04.1997. Similarly, Shri Abhijit Rabha of 1984 batch of IFS was given promotion to the post of Conservator of Forests. Being aggrieved Applicant filed O.A.254/1999 before this Tribunal. Vide order dated 06.08.2001, this Tribunal directed the authorities concerned to effect the Applicants promotion both in selection grade as well as in super time scale of pay with retrospective effect from the date his juniors were promoted.
3. Promotion of the Applicant to the supertime pay scale was not made retrospective. Applicant again filed O.A. No.136/2003 before this Tribunal. Vide order dated 28.08.2003, this Tribunal held that Applicant, on receipt of a certified copy of the order, would submit representation within two weeks, and Respondents shall, on their part, dispose of the same expeditiously, preferably within four months from the receipt of such representation.
4. The proforma Respondent Accountant General, Meghalaya, Shillong advised that Respondent No.2 first take up the matter with the Government of India and obtain relaxation of Rule 8 of IFS (Pay) Rules, 1968 in order to issue pay slip to the official allowing supertime pay scale with retrospective effect. Learned counsel for Applicant Mr.R.Choudhury submitted that there were protracted correspondences made by Respondent No.2 including proforma Respondent Accountant General, Meghalaya with Respondent No.1, but Respondent No.1 did not make any reply. It was further stated that Applicants service dues including his pension is in final form under supertime pay scale from the date of his retirement w.e.f. 01.01.2006. No action has been taken on it as yet. As such, it was prayed that necessary direction be issued to Respondent No.1 for disposing of the matter at an earlier date and justice be done.
5. Position is trite on this issue. Litigations be not protracted, otherwise great oppression might be done under the colour and pretence of law. Justice delayed is justice denied. It is palpable from the perusal of records that Applicant retired on 01.01.2006 after attaining the age of superannuation. No action has been taken so far to expedite the matter. I, therefore, direct the Respondent No.1 to expedite the matter within three months from the date of receipt of the order.
6. The O.A. stands disposed of accordingly. No costs.
(M.K.CHATURVEDI) ADMINISTRATIVE MEMBER /BB/ O.A.26 of 2010 Page 3 of 3 Page 1 of 3