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Central Administrative Tribunal - Kolkata

Dr Debabrata Chatterjee vs C S I R on 18 June, 2018

1ST 1ICENTRA ADM iN CMCTA cALCUTTA NCL istTative U d irl der SeCt1019 of the Apph1catb0 Triburials pct, 1985.

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Administrative . Officer, CSIR-Central Mechanical Engineering Research Institi.ite, having office at Mahatma Gandhi Avenue1 Durgapur-713209, District-Burdwan, West Bengal Finance and Account Officer, CSIR-Central Mechanical Engineering Research Institute, having office at Mahtma Gandhi Avenue, Durgapur-713209, Disthct-Burdwan, West Bengal I .....Respondents. ., L 1 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH Date of order: 18.06.2018 No,O.A,350/608/2018 Coram : Hon'ble Mr. AIK Patnaik, Judicial Member For the applicant :Mr. R. Dutta, counsel For the respondents : Mr. S. Das, counsel Mr.M. Chaturvedi, counsel ORDER(ORALI A.K. Patnaik, Judicial Member This O.A. has been filed,bl R.icant under Section 19 of the Administrative Tribunals Act, 1 wing reliefs:-

®fc ent ties its men and agents and/or "a) An order directing the % . ancel the impugned letter being subordinates to withdraw, r aw/ilOS dated 6.12.2017 issued by reference no. F. No.36-19(89) 2 the Council of Scientific & Industrial Research through Section Officer, Legal Cell, Ahusandhan Bhawan, 2, Rafi Marg, New Delhi-110001 communicated through the letter being reference no.4. Adm.1(525)/92-E dated 15.01.2018 issued by the Administrative Officer, CSIR-Central Mechanical Engineering Research Institute thereby refusing to release the retirement benefits forthwith;

An order directing the respondent authorities its men and agents and/or subordinates to withdraw, rescind and/or cancel the impugned letter being reference no.4.Adm.I(525)/92E dated 15.01.2018 issued by the Administrative Officer, CSIR-Central Mechanical Engineering Research Institute in continuation of the Office letter No.4. Admn. 1(524)/97-ML dated 9.11.2017; informing that the case of the applicant was referred to the CSIR and CSIR in terms vide their letter No.F.No.3619(89)2016L/1108 dated 6.12.2017 refused to release the retirement benefits of the applicant forthwith;

An order directing the respondent authorities, its men and agents and/or subordinates to immediately release the retirement benefits of the applicant on account of payment of gratuity forthwith;

An order directing the respondent authorities its men and agents and/or subordinates to make payment of interest @ 18% per annum upon amount of gratuity on and from 30.09.2016 till the date of actual payment;

An order directing the respondent authorities its men and agents and/or subordinates to consider the representation of the applicant dated 12.11.2017 forthwith.

And/or pass such other or further order or orders as Your Lordship may deem fit and proper."

2, Heard Id. counsel Mr. R. Dutta, Id. counsel for the applicant. Ld. counsel for the respondents Mr. S. Das and Mr. M. Chaturvedi are also present and heard.

Ld. counsel Mr. S. Das appearing for the official respondents submitted that although some proceedings, are continuing in different courts of law, the authorities have no impediment to,. ce1se the pensionary benefits of the applicant.

k Taking into considerati9 t made by Id. counsel for the official respondents, nothing remi dicated in this matter.

S. Accordingly the O.A. stands disposed of by directing the respondent.

authorities to release the admissible dues so far as the pensioriary benefits of the applicant are concerned, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

6. No order as to cost.

(A.K. Patnaik) Judicial Member sb