Central Administrative Tribunal - Delhi
Shri S.P.Swamy vs Union Of India: Through on 14 January, 2015
Central Administrative Tribunal Principal Bench New Delhi O.A.No.1459/2014 Order Reserved on: 03.12.2014 Order pronounced on 14.01.2015 Honble Shri V. Ajay Kumar, Member (J) Honble Shri P. K. Basu, Member (A) Shri S.P.Swamy S/o Sh. Late Sankalaligna Age 63, Group `C working as Chief Accounts Officer House No.37 Street No.6 Durga Vihar Phase-II Deenpur, Najafgarh New Delhi. Applicant (By Advocate: Mrs. Meenu Mainee) Versus Union of India: through 1. Secretary Ministry of Culture Shastri Bhawan New Delhi. 2. Director National Mission for Manuscripts Ministry of Culture 11 Man Singh Road New Delhi. 3. Member Secretary Indira Gandhi National Centre for the Arts Janpath New Delhi. Respondents (By Advocate: Sh. L.R.Khatana, Shri Rattan Lal with Ms. Komal Gautam) O R D E R By V. Ajay Kumar, Member (J):
This OA has been filed seeking a direction to the 3rd Respondent, i.e., Indira Gandhi National Centre for Arts, New Delhi [in short, IGNCA], to release the salary and allowances of the applicant from June, 2013 to February, 2014 with interest at the rate of 10% per annum.
2. Heard Mrs. Meenu Mainee, the learned counsel for the applicant and Shri L.R.Khatana, the learned counsel for 3rd Respondent Shri Rattan Lal with Ms. Komal Gautam, the learned counsel for the other respondents, and have perused the pleadings on record.
3. Shri L.R.Khatana, the learned counsel appearing for 3rd Respondent, at the outset, submits that the OA is liable to be dismissed as the same is not maintainable against the 3rd Respondent - IGNCA, as the said Institution is an autonomous body and not notified under Section 14 of the Administrative Tribunals Act, 1985.
4. Smt. Meenu Mainee, the learned counsel for the applicant while not disputing the fact that the IGNCA is an autonomous body and not notified under Section 14 of the said Act, however, submits that the applicant after his voluntary retirement from the Ministry of Communication was appointed as Senior Accounts Officer on contract basis initially for a period of three months vide letter dated 25.10.2006 by the 2nd Respondent National Mission on Manuscripts (in short, NMM), which was extended from time to time and since the said NMM was funded by the 1st Respondent Ministry of Culture, the OA is maintainable.
5. Admittedly, the applicant was appointed by 3rd Respondent-IGNCA and the relief sought in the OA is also against 3rd Respondent-IGNCA upon which this Tribunal has no jurisdiction. Hence, the contention of the applicant is unsustainable.
6. In the circumstances and for the aforesaid reasons, the OA is dismissed as not maintainable. However, the applicant is at liberty to approach the appropriate Court of law for redressal of his grievances in accordance with law. No costs.
(P. K. Basu) (V. Ajay Kumar) Member (A) Member (J) /nsnrvak/