Central Administrative Tribunal - Allahabad
Naresh Chandra Prajapati vs Union Of India Through Its Secretary on 21 September, 2011
OPEN COURT
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH : ALLAHABAD
ORIGINAL APPLICATION NO.1101 OF 2011
ALLAHABAD THIS THE 21st DAY OF SEPTEMBER, 2011
HONBLE MR. D.C. LAKHA, MEMBER-A
HONBLE MR. SANJEEV KAUSHIK,MEMBER-J
Naresh Chandra Prajapati, S/o Late Pancham Lal Prajapati,
R/o Village and Post Sikanderpur,
G.T. Road, Kannauj.
. . . . . . . . .Applicant
By Advocate : Shri Ashish Srivastava
Versus
1. Union of India through its Secretary,
Ministry of Communication, Sanchar Bhawan,
New Delhi.
2. Director General (Post),
Ministry of Communication,
Department of Posts, New Delhi.
3. The Chief Post Master General, U.P. Circle,
Lucknow (U.P.).
4. Superintendent of Post Offices,
Fatehgarh Division, Farrukhabad.
. . . . . . . . . Respondents
By Advocate :
O R D E R
HONBLE MR. D.C. LAKHA, MEMBER-A We have heard Sri Ashish Srivastava, learned counsel for the applicant.
2. This OA has been filed seeking the following reliefs:-
i) The Honble Tribunal be pleased to direct the respondents to grant the applicant entire pensionary benefits including pension w.e.f. 1.7.2011.
ii) The Honble Tribunal may kindly be pleased to direct the respondents to treat the applicant as regular appointee of the department and extend him all benefits available to a regular appointee.
iii) Any other relief, which this Honble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.
iv) Award the costs of the original application in favour of the applicant.
3. In support, the applicants counsel has contended that the applicant has put in about 40 years of service and having been conferred the temporary status he is entitled to get the pensionary benefits but the department is not giving. It is seen from the OA and the annexures, there is no order passed against the applicant by the respondents on this point. Before approaching the Tribunal, the applicant is supposed to exhaust the departmental remedy available. The remedy open to him is that he must submit the representation about his claim to the competent authority and let the authority pass the order, in case, he is aggrieved by the order, he can approach the Tribunal.
4. In the above circumstances, we direct the applicant to prefer self contained representation putting in all the facts to the competent authority i.e. respondents no.2 within two weeks. On receipt of such representation, the respondent no.2 shall consider the matter and dispose of the representation by passing a reasoned and speaking order within a period of one month. Copy of the OA may be attached with the representation of the applicant, which shall be treated as part of the application.
5. With these directions the OA stands disposed of at the admission stage itself. No costs.
Member-J Member-A
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