Central Administrative Tribunal - Ernakulam
Nandakumar G Nair vs The Secretary Ministry Of Defence New ... on 4 September, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A No. 180/00249/2020
Wednesday, this the 4th day of September, 2024.
CORAM:
HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Mrs. V. RAMA MATHEW, ADMINISTRATIVE MEMBER
Nandakumar. G. Nair, aged 59 years
S/o. Gopinathan Nair, Technical Officer,
MES/113432, HQ Chief Engineer (NW), Kochi,
Naval Base Post, Kochi, Pin 682 004,
residing at Lakshmi Nivas, Kallimel PO, Mavelikara Pin: 690 509
-Applicant
[By Advocates : Mr. Shafik M. Abdul Khadir & Mr. P.V. Saleem]
Versus
1. Union of India represented by
Its Secretary to the Government of India,
Ministry of Defence, New Delhi- 110 011.
2. The Engineer-in-Chief,
Military Engineer Services, New Delhi - 110 011.
3. The Chief Engineer
Headquarters, Southern Command
Military Engineering Services, Pune 560 004.
4. The Director General (Personnel),
Military Engineering Service, Integrated
Headquarters of MOD, (Army), Kashmir House,
Rajaji Marg, New Delhi - 110 011.
5. The Chief Engineer (Naval Works)
Military Engineer Services
Kataribagh, Kochi - 682 004. -Respondents
[By Advocates : Mr. C. Rajendran, SPC for R-1 to 5 & Mrs. Thanuja
Roshan George]
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The Original Application having been heard on 04.09.2024, the
Tribunal on the same day delivered the following:
O R D E R (Oral):-
Per: Justice Sunil Thomas, Judicial Member When the matter was taken up, the learned Counsel for the applicant submitted that the Pension Payment Order has been issued and the entire arrears have been received. On this instruction, we are inclined to close the O.A. Accordingly, the O.A is closed as complied. No costs.
(Dated this the 4th day of September, 2024) V RAMA MATHEW JUSTICE SUNIL THOMAS ADMINISTRATIVE MEMBER JUDICIAL MEMBER v 3 List of Annexures in O.A No.249/2020 Annexure A1- True copy of the letter No.CC-3/85610/47/MACP/ D' Man/ 6 CPC/ CSCC dated 21.04.2017 issued by the 4th respondent.
th Annexure A2- True copy of the order dated 29.5.2017 of this Tribunal in O.A No. 180/644/2014.
Annexure A3- True copy of the Order dated 11.7.2018 of the Jaipur Bench of this Tribunal in Original Application No. 291/43/2017.
Annexure A4- True copy of the letter No. B/43021/ACP/Dman & TO/E1 (DPC) dated 28.8.2018 issued by the 4th respondent.
Annexure A5- True copy of the letter No.140509/41/E10 (R) dated 31.10.2018 issued by the 5th respondent.
Annexure A6- True copy of the representation dated 5.1.2020 submitted th to the 4 respondent.
Annexure A7- True copy of the letter No. 190108/MACP/3107/E1B (O) dated 12.3.2020 of the 3rd respondent.
Annexure A8- True copy of the Representation dated 13.3.2020 th submitted to the 4 respondent.
Annexure A9- True copy of the letter No. 30/11/99-ECIX/VI/EW I dated March 2003 Ministry of Urban Development & Poverty Alleviation (Works Division).
Annexure A10- True copy of the OM No. 30/11/99-ECIX/EC VI dated 15.09.2003 issued by Directorate General of Works, CPWD.
Annexure A11- True copy of the Recruitment Rules of TO published in SRO 10 dated 5.2.2013.
Annexure A12- True copy of the Recruitment Rules of TO published in GSR 16 dated 21.1.2014.
Annexure A13- True copy of the RTI reply series.
Annexure A14- True copy of the Order dated 02 Jan 2018 issued by Directorate General of Works CPWD Office.
4Annexure R1- True copy of Directorate General of (Personnel) letter No 41002/MACP/Offrs/E1 DPC (PP & Sub) dated 17 Nov 2020.
Annexure R2- A true copy of letter No.AT/II/Gen.fin-XXVII/E-1477 dated 04.03.2021 issued by the Senior Accounts Officer (Army), Controller General of Defence Accounts (CGDA) to the 4th respondent.
Annexure R3- A true copy of Recruitment Rules of the Draughtsman Cadre in Ministry of Defence (Military Engineer Service).
Annexure R4- A true copy of Directorate General of (Personnel), Engineer-in-Chief's Branch, New Delhi letter No B/46500/141/E1(Legal) (O) dated 29.06.2022 reproducing notes endorsed by DoP&T on case file.
Annexure R5- A true copy of the communication from the department dated 22/12/2023.
Annexure MA1- A true photocopy of the order in OA No. 249/2020 in MA No. 180/2015/2021 dated 9/4/2021.
Annexure MA2- A true photocopy of the letter No. 136921/ NGN / 23/LC dated 13/4/2021.
Annexure MA3- A true photocopy of the Letter No. CRO/3 MACP/ Tos/ 03/ GP-II(V) dated 19/04/2021.
Annexure MA4- A true photocopy of the Letter No. B/46500/141/E1 Legal (O) dated 19/04/2021.
Annexure MA5- A true photocopy of DG (Pers), E-in-C's Branch, New Delhi letter No. B/46500/141/E1 Legal (O) Dated 05 Nov 2021, No. B/46500/144/E1 Legal (O) dated 26 Aug 2021 and No. PC-12/85610/Court Case/TO/CSCC dated 13 Oct 2021.
Annexure MA6- A true photocopy of audit objection of the Director General of Audit, New Delhi vide preliminary slip No-12 dt 02/02/2021.
Annexure MA7- A true photocopy of Letter No AT/11/Gen Fix-XXVII/E- 1477 of the Controller General of Defence Accounts, Delhi Cantt dated 04/03/2021.
Annexure MA8- A true copy of OM No F.No. A-6011/2/2021-Ad.III dated 31/12/2021 issued by Govt of India, Ministry of Personnel, Public Grievances & Pensions, New Delhi.
5Annexure MA9- Government of NCT of Delhi, Delhi Disaster Management Authority OM No F. 60/DDMA/COVID-19/2021/500 dated 28/12/2021.
Annexure MA10- Copy of station order dated 6/12/2021.
Annexure MA11- A true photocopy of Director General of Audit, New Delhi raised an audit objection vide preliminary slip No-12 dt 02/02/2021.
Annexure MA12- A true photocopy of Controller General of Defence Accounts, Delhi Cantt letter No AT/11/Gen Fix-XXVII/E-1477 dated 04/03/2021.
Annexure MA13- A true photocopy of the Letter from Director General (Pers) New Delhi dated 11th February 2022.
Annexure MA14- A true photocopy of the Supreme Court Order dated 09/03/2011 in Civil Appeal No. 5600/2006.
Annexure MA15- A true photocopy of the CGDA letter No. AT/II/Genfix- XXVII/E-1477 dt 04/03/2021.
Annexure MA16- A true copy of chronological sequence of movements of case file.
Annexure MA17- A true copy of the Judgment of Hon'ble High Court of Kerala in O.P.(CAT) No. 24/2022 dated 28.03.2022.
Annexure MA18- A detailed statement w.r.t OA No 249/2020 filed by Shri Nandakumar G Nair, TO (Retired) showing the entire developments from the very inception of the case.
Annexure MA19- True copy of Directorate General of (Personnel), E-in-C's Branch, Integrated HQ of MoD (Army), New Delhi letter No B/46500/141/E1 legal (O) dated 29 June 2022.
Annexure MA20- True copy of Directorate General of (Personnel), E-in-C's Branch, Integrated HQ of MoD (Army), New Delhi letter No PC- 4/85610/MACP/D' Man/GANGADHARAN/SCC dated 12 February 2024.
Annexure MA21- True copy of Affidavit dated 04 Mar 2024 duly signed by Chief Engineer, HQ Southern Command Pune for exemption from personal appearance.
6Annexure MA22- True copy of Affidavit dated 28 Feb 2024 duly signed by DG (Pers), Engineer-in-Chief's Branch, IHQ of MoD (Army) New Delhi for exemption from personal appearance.
Annexure MA23- True copy of Affidavit dated 14 Mar 2024 duly signed by DG (Pers), Engineer-in-Chief's Branch, IHQ of MoD (Army) New Delhi.
Annexure MA24- True copy of the Govt. of India, Ministry of Defence, DoD D (Work-II) letter No. MF-4/85610/MACP/D Man/D (Works-II) dated 01 April 2024.
Annexure MA25- True copy of the Govt. of India, Ministry of Finance, Department of Expenditure ID No.12-03/2022-E-III.A dated 15 March 2024.
Annexure MA26- True copy of the Ministry of Defence, D (Work-II) MoD (Finance) letter No. 14(8)/2009/(Fin/W-III) dated 20 March 2024.
Annexure MA27- True copy of the Department of Personnel and Training, personnel policy Sing (D), MACP-Desk ID Note No. 2501066/23/Estt.D dated 06 June 2023.
Annexure MA28- True copy of the letter No.B/46500/141/E1 Legal (O) dated 02 April 2024.
Annexure MA1- True copy of the complaint dated 31.12.2019 preferred to the Office of Director General of Audit Defence Services in the name of Sri. E.A. Gangadharan.
Annexure MA2- True copy of the complaint dated 04.06.2019 preferred to the Comptroller & Auditor General of India, in the name of Sri. E.A. Gangadharan.
Annexure MA3- True copy of the complaint dated 01.09.2022 submitted by this applicant to the Comptroller & Auditor General of India requesting for an inquiry into the grant of higher pay scales to D'men/Technical Officers in MES.
Annexure MA4- True copy of the complaint submitted by this applicant dated 15.06.2023 addressed to the CGDA with copies marked to DG of Audit Defence Services as well as the DoP&T. Annexure MA29- A copy of detailed Statement w.r.t OA No 249/2020 filed by Shri Nandakumar G Nair, TO (Retd).
7Annexure MA30- A copy of CRO(O), New Delhi, letter No CRO/25/PF/2 nd ACP/TOs/Gp-II (V) dated 22 May 2024.
Annexure MA31- Pay Fixation in r/o OA No 249/2020 filed by Shri Nandakumar G Nair, TO (Retd).
Annexure MA32- Document issued by AAO (Army) Kochi for passing of arrears for the serving period. (Rs: 5,94,805).
Annexure MA5- True copy of the File Noting vide DoP&T ID Note No:
2501066/23/Estt.(D) dated 26.05.2023.
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