Central Administrative Tribunal - Ernakulam
John Samuel vs Doordarshan on 6 April, 2022
1 O.A No. 180/00153/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A No. 180/00153/2022
Wednesday, this the 6th day of April, 2022.
CORAM:
HON'BLE Mr. P. MADHAVAN, JUDICIAL MEMBER
HON'BLE Mr. K.V. EAPEN, ADMINISTRATIVE MEMBER
John Samuel, 71 years,
S/o. C. Samuel (late),
Producer Grade II (Retired),
Doordarshan Kendra, Kudapanakunnu,
Thiruvananthapuram - 695 043.
Residing at Medayil, 16/454/2, Kochar Road,
Thiruvananthapuram - 695 014. - Applicant
[By Advocate : Mr. Vishnu S. Chempazhanthiyil]
Versus
1. The Director, Doordarshan Kendra,
Kudapanakunnu, Thiruvananthapuram - 695 043.
2. The Director General, All India Radio, Akashavani Bhavan,
Parliament Street, New Delhi - 110 001.
3. Prasar Bharati (Broadcasting Corporation of India),
Through its Chief Executive Officer,
PTI Building, Sansad Marg, New Delhi - 110 011.
4. Union of India represented by the
Secretary to the Government of India,
Ministry of Information and Broadcasting,
A-Wing, Sasthri Bhavan,
'A' Wing, New Delhi - 110 001. - Respondents
[By Advocate : Mr. S.R.K. Prathap, ACGSC]
The application having been heard on 06.04.2022, the Tribunal on the
same day delivered the following:
O R D E R(Oral):-
Per: Mr. P. Madhavan, Judicial Member The applicant has filed the O.A seeking the following reliefs:-
"i. Direct the respondents to sanction second financial upgradation under Assured Career Progression Scheme w.e.f. 19.05.2008 and release all entitled arrears including revised pensionary benefits.2 O.A No. 180/00153/2022
ii. Direct the respondents to sanction interest at the rate of 8% on belated pensionary benefits on account of belated sanctioning of first and second financial upgradation.
iii. Declare that the applicant is eligible to be sanctioned second financial upgradation under the ACP Scheme w.e.f. 19.05.2008 and direct the respondents to consider sanctioning the same at the earliest."
2. The applicant entered service as Producer Grade II in Doordarshan on 19.05.1984 and retired on superannuation on 31.05.2010. He was not granted entitled promotion when it was due and sanctioned to his juniors on 09.03.1999. Thereafter, the applicant had been issued with a charge sheet on 17.03.2000 and the inquiry dragged on nearly a decade when penalty was imposed on 25.05.2010 just prior to his superannuation on 31.05.2010. The Government of India had introduced the Assured Career Progression Scheme to alleviate the problems of stagnation. In the case of the applicant, he was sanctioned first financial upgradation which fell due on 09.08.1999 only after two decades on 28.06.2019. Even though the applicant has represented for sanctioning second financial upgradation vide Annexure A-5 and A-6, no action has been taken. Aggrieved by the action on the part of the respondents, he filed the present O.A.
3. Mr. S.R.K. Prathap, ACGSC takes notice on behalf of the respondents and seeks time for getting instructions.
4. Learned counsel for the applicant submits that the applicant will be satisfied, if his representation is considered and disposed of in the light of relevant Rules and Regulations.
3 O.A No. 180/00153/2022
5. It appears that Annexure A-5 representation of the applicant for second financial upgradation is still pending before Respondent No. 2. In view of the limited prayer sought for by the applicant, we hereby direct the Competent Authority among the respondents to consider and dispose of Annexure A-5 representation of the applicant in the light of relevant Rules and Regulation and pass a speaking order within three months from the date of receipt of a copy of this order. It is made clear that this order will not extent the limitation period, if any.
6. The O.A is disposed of as above. No order as to costs.
(Dated, 6th April, 2022.)
(K.V. EAPEN) (P. MADHAVAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
ax
4 O.A No. 180/00153/2022
Applicant's Annexures
Annexure A-1 - True copy of the order No. C-14012/1/1998-Vig.
dated 25.02.2010 issued by the 2nd respondent. Annexure A-2 - True copy of the order dated 19.12.2016 in O.A No. 482/2013 of the Hon'ble Tribunal.
Annexure A-3 - True copy of the judgment dated 09.07.2019 in OP (CAT) No. 303/2017 of the Hon'ble High Court of Kerala.
Annexure A-4 - True copy of the order No. 04/07/2018-SI(B)/538 dated 28.06.2019 issued by the 2nd respondent. Annexure A-4(a) - True copy of the order No. 1(5) 2019-A.I/DKT dated 06.11.2019 issued by the Pay & Accounts Officer, Doordarshan Kendra, Thiruvnanthapuram. Annexure A-5 - True copy of the representation dated 23.03.2021 to the 2nd respondent.
Annexure A-6 - True copy of the representation dated 18.06.2021 to the 2nd respondent.
Annexures of Respondents NIL ************** 5 O.A No. 180/00153/2022 6 O.A No. 180/00153/2022