Central Administrative Tribunal - Delhi
Ram Avtar Gupta vs Union Of India on 23 August, 2011
Central Administrative Tribunal Principal Bench OA 3017/2011 New Delhi, this the 23rd day of August, 2011 Honble Dr. Ramesh Chandra Panda, Member (A) Ram Avtar Gupta, Age 56 years, S/o Late Shri Om Prakash Gupta, R/o 1937, Teesari Gali, Pannapuri, Hapur, Distt. Ghaziabad. Applicant (By Advocate : Mr. S.K. Gupta) Versus 1. Union of India, Through General Manager, Northern Railway, Baroda House, New Delhi. 2. The Divisional Railway Manager, Northern Railway, Moradabad Division, Moradabad. 3. The Sr. Divisional Personnel Officer, Northern Railway, Moradabad Division, Moradabad. Respondents ORDER (ORAL)
Pursuant to the judgment of this Tribunal in OA No.2189/2003 dated 03.11.2004, the OA was allowed to the extent that the orders of compulsory retirement were set aside. Respondents were directed to reinstate the applicant forthwith in service stating that he would be entitled for all consequential benefits. Being aggrieved by the said order of the Tribunal, respondents carried the case to Honble High Court of Delhi in WP (C) No.3855/2005 which was decided on 13.12.2010 in following terms :-
5. Suffice would it be to state that in the very first paragraph the Disciplinary Authority has noted that though the Inquiry Officer has held the charge to be not proved the Disciplinary Authority is still of the opinion that the charges are proved. Further, in the last paragraph the Disciplinary Authority has categorically written: I am of the opinion that the charges are proved.
6. In the teeth of the language of the note of disagreement, learned counsel for the petitioner is unable to carry the argument any further.
7. Thus, we dismiss the writ petition on merits noting that the decision of the Tribunal which has been impugned before us is in conformity with the law laid down by the Supreme Court in Yoginath Bagdes case (supra) which has been noted by the Tribunal in para 19 of the impugned decision.
2. The respondents pursuant to the above judgment of the Honble High Court of Delhi, issued an order dated 04.05.2011 directing the applicant to deposit the terminal benefits of PF of Rs.82,028/-, GIS Rs,13,222/-, LE Rs.75,806/-, DCRG Rs.11,6396/-, and Commuted Pension of Rs.1,63,518/-. Thereafter the applicant was served with registered letter by the respondents dated 18.05.2011 directing the applicant to deposit the interim terminal benefits and pension with Railway Revenue and to produce the receipt to the office for medical examination. Feeling aggrieved by the above directions of the respondents, the applicant has approached the Tribunal in the instant OA requesting to quash and set aside the communication dated 18.05.2011 with request to direct the respondents to allow the applicant to perform duties and terminal dues as referred in communication dated 04.05.2011 should be recovered from his salary.
3. Today at the admission stage, Shri S.K. Gupta, learned counsel for applicant would submit that the applicant would pay Leave Encashment amount of Rs.75806/-, GIS of Rs.13,222/- and the PF of Rs.82,028/- in instalments by 30.09.2011. The balance amount namely, DCRG and Commutation value of Pension being very high, the applicant would like to take four months time to pay some amount and thereafter balance amount may be deducted in easy instalments from his salary.
4. Without issuing notice to the respondents, as they would not be prejudiced by the present order, the respondent No.3 is directed to consider the applicants request as at para 3 above to make payments of leave encashment, GIS and PF on or before 30.09.2011 and the balance amount of DCRG (Rs.1,16,396/-) and Commuted value of Pension (Rs.1,63,518/-) shall be recovered in easy instalments by the respondent No.3 from his salary, as will be admissible under law.
5. With the above directions to the respondent No.3, OA is disposed of. Registry is directed to enclose a copy of this order along with the copy of the OA meant for respondent No.3.
( Dr. Ramesh Chandra Panda ) Member (A) /rk/