Central Administrative Tribunal - Delhi
Shri Ramesh Chand vs Director General Of Meteorgology on 2 February, 2012
Central Administrative Tribunal Principal Bench OA-355/2012 New Delhi this the 2nd day of February, 2012 Honble Mr. A.K. Bhardwaj, Member (J) Shri Ramesh Chand Asstt.Meteorologist-II India Meteorological Department Through Regional Meteorological Centre Lodhi Road, New Delhi-110003.
Posting presently M.C. Shimla. Applicant (By Advocate: Applicant in person) Union of India, through 1. Director General of Meteorgology India Meteorological Department Lodhi Road, New Delhi-110003. 2. Dy. Director General of Meteorgology India Meteorological Department Lodhi Road, New Delhi-110003. .. Respondents. Order(oral)
Applicant who is posted as Asstt. Meteorologist in the office of Director, India, Meteorological Department has filed the present Original Application, raising the grievances that the respondents have not settled his TA bills for tours to (i) Badaun-Buland Shahar, (ii) Etah and (iii) Mainpuri-Hathras from Agra which were made in the months of March and April, 2010. Raising said grievances he sought issuance of direction to respondents to make payment of car mileage and also the balance payment of Rs.240/- i.e. arrear of DA as per his entitlement. He also sought issuance of directions to respondents to refund the amount of Rs.1408/-deducted from his salary of September, 2010 or provide the details of deducted amount of Rs.5223/-.
2. Applicant made detailed representation dated 28.9.2011 to the Deputy Director General of Meteorology, Regional Meteorological Centre. It is alleged by applicant that the respondents have not so far decided his said representation. It is acknowledged that the Govt. Department are expected to be considerate regarding grievance of its employee, thus under Section 20 of A.T. Act it is provided that an OA should not be admitted unless the person approaching the Tribunal has availed of all the remedies available to him before departmental authority. In terms of provision of Section 20 of Administrative Tribunal Act, 1985 a Govt. servant is said to have availed remedies available to him only when final order is passed by the Govt., authority or person competent to do so rejecting representation made by a Govt. servant. Thus, when it is obligatory for Govt. servant to make representation to competent authority before approaching this Tribunal, it is also responsibility of the authority to whom representation is made to take a decision in the representation so made.
3. In the circumstances, I deem it appropriate to dispose of the present Original Application with the direction to Deputy Director General of Meteorology, Regional Meteorological Centre to take a decision on the representation dated 28.9.2011 made by applicant. It goes without saying that the decision so taken shall be communicated to applicant by way of speaking order within a period of two months from the date of receipt of a copy of this order.
4. OA stands disposed of. No costs.
(A.K. Bhardwaj) Member(J) /rb/