Central Administrative Tribunal - Madras
Chinnasamy S K vs M/O Railways on 26 March, 2024
i OA 310/00398/2024 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00398/2024 Dated Tuesday 26" day of March Two Thousand Twenty Four CORAM : HON'BLE MR. M. SWAMINATHAN, MEMBER (J) Chinnasamy. S.K, Retired Sr. Section Engineer,/WS, Ponmalai workshop, 3/247-1, Periya kompai pudur, Rasipuram Taluk, Namakkal-636118, .» Applicant By Advocate M/s. B. Ramesh & G, Manju Vs 1) Union of India rep. by, The General Manager, Southern Railway, Park Town, Chennai-600 003. 2) Work shop Personnel Officer, Railway Central Workshop, Southern Railway Ponmalai, Tiruchirapalli-620004. .. Respondents By Advocate Dr. K. Kannan 2 OA 310/00398/2024. 000. ee. ORAL ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J)) | In the instant OA, the applicant seeks the following relief:
"...to call for the records related to Service book of the applicant and the representations dated 12-06-2018 and 12-06-2023 and thereby to direct the 2% respondent to revise the average emoluments by adding one increment to Rs. 21,250/- and consequently to Refix the pension and other retirement benefits, effective from 01-07-2013 -with all the attendant benefits and to pass such other order/orders as this Hon'ble Tribunal may deem fit and proper and thus to render justice please."
2. Brief facts of the case as under:
The Applicant joined the department in the year 1983 and retired as Senior Section Engineer on 30.06.2013 on superannuation. While calculating the retirement benefit, he was not given one increment for the completed period of year viz 30.06.2013. The applicants after coming to know about the various decisions of this Hon'ble Tribunal and the latest decision of the Hon'ble Apex Court in Director (Admn.HR) KPTCL & Others Vs C.P.Mundinamani & Others (2023) SCC Online SC 401, various High Courts, including the Hon'ble Madras High Court and various CAT orders, that for completed period of one year the employees retired on 30" June or 31" December, as the case may be, are entitled for one increment even though they are not in service. The applicant had (} -
3 OA 310/00398/2024 given representations dated 12.06.2018 & 12.06.2023. Though the.above . representations were received by the respondent no decision was taken. Hence, this OA.
3. Heard learned counsel for the applicant Mr. B. Ramesh and Dr. K. Kannan, who takes notice for the respondents. ee 4, Learned counsel for the respondents vehemently objected on the ground of delay and submitted that when the persons who has retired way back in the year 2013, cannot claim this increment before this representation, they are fence sitter. Moreover, they have not satisfied about the delay in filing the OA immediately after their retirement or raising such issue before the authorities. He relied upon the decision of this Tribunal in OA No.460 of 2023 dated 16.06.2023 on identical issue. Therefore, he pleaded for the dismissal of the OA.
5. Learned counsel for the applicants submitted that the decision of this Tribunal in OA No.460 of 2023 is overruled by the Hon'ble' Madras High Court in WP.No.28435 of 2023 dated 03.11.2023. He further submitted that this Tribunal in its recent decisions all dated 08.02.2023 in the following OA Nos.57 of 202, 275 of 2020, 294 of 2020, 383 of 2021, 384 of 2021, 379 of 2021, 40 of 2021, 656 of 2022 and 751 of 2022 extended the benefits of one increment for the completed period of one year service for similarly placed persons. He further submitted that the Hon'ble apex Court has decided the issue in favour of similarly placed 4 OA 310/00398/2024 persons in Civil Appeal No.2471 of 2023 (SLP (C ) No.6185 of 2020 dated 11.04.2023. Therefore, he pleaded for the relief sought inthe OA... ©. -.---. 2 ------ +
6. Be that as it may be, to meet the ends of justice, it would be appropriate to direct the competent authority/the respondents to consider the representations of the applicant dated 12.06.2018 & 12.06.2023 (A-4 & A-7) and pass an appropriate speaking and reasoned order within a period of 60 days from the date of receipt of this order.
7. With the above direction the OA is disposed of, at the admission stage.