Central Administrative Tribunal - Delhi
Raju Balmiki vs M/O Defence on 8 July, 2019
1
Central Administrative Tribunal
Principal Bench
OA No. 621/2017
New Delhi this the 8th day of July, 2019
Hon'ble Ms. Nita Chowdhury, Member (A)
Raju Balmiki, HQD/3900,
Age 60 years,
Designation: Safimala (Group „D‟)
S/o Sh. Kashi Ram,
Vill.&Post: Kosli, Mohalla Sadar Gali,
Distt: Rewari (Haryana) - Applicant
(By Advocate: Mr. U. Srivastava)
VERSUS
Union of India through
1. The Defence Secretary,
Ministry of Defence,
South Block, New Delhi
2. The Chief of Air Staff,
Air Headquarters (Vayu Bhawan)
Rafi Marg, New Delhi
3. The Air Officer Commanding,
Air Force Station, Race Course,
New Delhi-110 003 - Respondents
(By Advocate: Mrs. Avinash Kaur)
ORDER (Oral)
The applicant has filed the present OA, seeking the following reliefs:-
"(a) Directing the respondents to place the relevant records pertaining to the present OA before their Lordships for the proper adjudication in the matter in the interest of justice, and thereafter;
(b) To quash and setting aside the impugned order dated 08.04.2016 (Annexure A/1) further directing the respondents to consider the case of the applicant for the grant of compassionate allowances in accordance with the relevant rules and instructions on the subject i.e. Rule 41 of CCS(Pension) Rules as well as in the light of the law laid down by the Hon‟ble Supreme Court in case of Mahinder Dutt Sharma Vs. Union of India & Ors. cited as SLJ 2014 (3) 278 (Annexure A/9) 2 and in the light of law laid down by the Hon‟ble Delhi High Court in the case of Ex-ASI Shadi Ram Vs. Govt.
of NCT of Delhi & Ors. (Annexure A/10) with all other consequential benefits.
(c) Further direct the respondents to release the remaining retirement dues i.e. GPF, GIS, Leave Encashment including other service benefit etc. of the applicant.
(d) Allowing the OA of the applicant with all other consequential benefits namely the interest on arrears and cost etc.
(e) Any other fit and proper relief may also be granted to the applicant."
2. It is the case of the applicant that he was dismissed on ground of unauthorized absence after completion of about 29 years of satisfactory service and has thus, accrued a right to be considered for compassionate allowances as the same is obligation on the respondents under Rule 41 of CCS (Pension) Rules and as well as in the light of the law laid down by the Hon‟ble Supreme Court in the case of Ex-ASI Shadi Ram Vs. Govt. of NCT of Delhi & Ors..
3. The respondents have not disputed the aforesaid facts and has drawn the Tribunal‟s attention to Para 4 of their CA in which they have stated that it is mandatory for his client (applicant herein) to fill up the NE documents for finalization of his applicable NE dues and he may be advised to liaise with this Station for filling up the requisite forms for finalization and releasing of his NE dues. But the applicant has not reported to Civil Admin. Section to fill up his claim for NE dues and other benefits.
4. Quite fairly, counsel for the applicant does not contest this averment of the respondent and undertakes to advise the applicant to do so expeditiously. Hence, the applicant is directed to first 3 complete the necessary formalities by filling up the requisite forms for his claim for compassionate allowances within a period of 30 days of receipt of a copy of this order. Thereafter, the respondents shall finalize the claim of the applicant for compassionate allowances on completion of necessary formalities by the applicant, within a period of 90 days.
5. With the above directions, the OA stand disposed of. No costs.
(Nita Chowdhury) Member (A) /lg/