Central Administrative Tribunal - Cuttack
Sarbeswar Das vs Posts on 15 November, 2021
O.A. No. 452/2021 1 CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH No. OA 452 of 2021 Present: Hon'ble Mr. Swarup Kumar Mishra, Judicial Member Hon'ble Mr. T.Jacob, Administrative Member Sarbeswar Das, aged about 45 years, S/o Late Gangadhar Das, At/PO-ERTAL, PS-Basudevpur, Dist-Bhadrak-756124.
......Applicant VERSUS
1. Union of India, represented through its Secretary, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110001.
2. The Chief Postmaster General, Odisha Circle, At/PO- Bhubaneswar, District-Khurda-751001.
3. The Director of Postal Services, HQ Region, Bhubaneswar, O/o The Chief Postmaster General, Odisha Circle, At/PO- Bhubaneswar, District-Khurda-751001.
4. The Superintendent of Post Offices, Mayurbhanj Division, At/PO-Baripada, District-Mayurbhanj-757001.
......Respondents For the applicant : Mr.Sailabala Jena, counsel Mr.T.P.Tripathy, counsel For the respondents: Mr.S.K.Jee, counsel Heard & reserved on : 1.11.2021 Order on :15.11.2021 O R D E R Per Mr.Swarup Kumar Mishra, J.M. The applicant has filed the present OA under Section 19 of the Administrative Tribunals' Act, 1985 seeking the following reliefs :
"(i) This Hon'ble Tribunal may kindly be pleased to give a direction to the respondents particularly respondent No.4, to consider the grievances of the applicant enumerated in the representation dated 22.05.2021 made by the applicant vide ANNEXURE- A/1 (Series) and dispose of the same within a time stipulated by this Hon'ble Tribunal.
(ii) This Hon'ble Tribunal may also be pleased to pass any other further order/orders as deemed fit and proper in the facts and circumstances of the case."
2. The applicant joined on 15.7.2015 on compassionate ground as PA Baripada HO. In the present OA he has prayed for a direction to the respondents particularly to the respondent No.4 to consider the grievances of the applicant enumerated in the representation dated 22.5.2021 vide Annexure O.A. No. 452/2021 2 A/1 (series) and dispose of the same within a stipulated time. The relevant portion of the representation dated 22.5.2021 is as under :
Sl. APPLICATION SUBJECT SUBMITTED ACTION No. DATE TAKEN 01 10.11.2015 Payment of regular pay Through the No interim from the date of in- Postmaster, reply/ house training Baripada HO communicati on is being received within the prescribed time limits;
the representatio n is not disposed of so far 02 6.5.2019 Non credit of HRA for the RO818433689IN -DO- month of 04/2019 03 1.6.2019 Illegal occupancy of post Letter -DO-
attached Quarter by the No.SPM Ex-SPM and stop of HRA Dukura/ of the present incumbent Misc./Corr./ at Dukura SO. Quarter/ 2019-20 dated 1.6.2019 04 9.4.2020 Release of pending HRA RO818433689IN -DO-
from 04/2019 to
02/2020
05 5.5.2020 Exercise of option to RO888265404IN -DO-
switch over for coverage
under the CCS (Pension)
Rules, 1972 in place of
existing NPS.
06 24.6.2020 Grant of benefit of RO888267382IN -DO-
Doctrine of "Equal pay
for Equal Work" and
sanction of officiating
pay and allowances for
performing duties in
higher post &
shouldering higher
responsibilities.
3. Learned counsel for the respondents has seriously objected to the admission of the present OA and has submitted that the present OA is not maintainable under Rule 10 of CAT (Procedure) Rules, 1987, since the applicant has prayed for multiple reliefs in this case. Rule 10 of CAT (Procedure) Rules, 1987 reads as under : O.A. No. 452/2021 3
"Plural remedies.--An application shall be based upon a single cause of action and may seek one or more reliefs provided that they are consequential to one another."
4. Heard learned counsels for both sides and perused the records.
5. At the time of hearing on admission, this Tribunal has asked the learned counsel for the applicant to restrict his prayer to any particular relief, but the learned counsel for the applicant prayed for disposal of the OA.
6. In view of the multiple reliefs claimed by the applicant in this OA, the present OA is not maintainable and is accordingly dismissed. There will be no order as to costs.
(T.JACOB) (SWARUP KUMAR MISHRA) MEMBER (A) MEMBER (J) I.Nath