Central Administrative Tribunal - Delhi
S.C. Saxena vs Uoi & Ors. Through on 20 January, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA 157/2014 NEW DELHI THIS THE 20TH DAY OF JANUARY, 2014 HONBLE MR. ASHOK KUMAR, MEMBER (J) HONBLE MR. RAJ VIR SHARMA, MEMBER (A) S.C. Saxena, (Retd. Handicraft Promotion Officer) R/o A-2/24, Imlok Colony-I, Varanasi, UP. PresentlY at New Delhi. Applicant (By Advocate: Mr. M.K. Bhardwaj) VERSUS UOI & Ors. Through, 1. The Secretary Ministry of Textile, Udyog Bhawan, New Delhi. 2. The Development Commissioner (Handicrafts) Govt. of India, Ministry of Textile, West Block No.7, R.K. Puram, New Delhi-110066. 3. The General Manager, Distt. Industry Centre, Agra (UP) Respondents ORDER (ORAL) MR. ASHOK KUMAR, MEMBER (A):
Applicant is aggrieved by the inaction of the respondents in not counting his service rendered under the State Government from 21.07.1973 to 06.09.1978 as qualifying service for pensionary benefits. Applicant states that although service has been verified by the State Government, his pensionary benefits are not being released.
2. The following main reliefs have been sought in this OA:-
(a) To direct the respondents to count service rendered under UP Govt. w.e.f. 21.07.1973 to 06.09.1978 as qualifying service for pensionary purpose.
(b) To declare the action of respondents in not counting the service of applicant rendered in Distt. Industry Centre, State of UP w.e.f. 21.07.1973 to 06.09.1978 as qualifying service for pensionary purpose, as illegal and issue appropriate directions to refix the pension and other pensionary benefits the aforesaid service rendered w.e.f. 21.07.1973 to 06.09.1978 and release the arrears of pay with 18% interest.
(c) To direct the respondents to complete all the requisite formalities on their own and fix the pension of applicant by counting aforesaid service i.e. 21.07.1973 to 06.09.1978.
3. During the arguments, it is pointed out by learned counsel for applicant that representation has been made on 18.10.2013 requesting for counting the past service and calculating pensionary benefits, but nothing has been done.
4. In view thereof, it would be necessary to direct the respondents to take a final view on the representation and dispose of the same in consonance with the rules and instructions as well as the facts on record by passing a reasoned and speaking order within a period of 8 weeks from the date of receipt of a copy of this order. This speaking order to be passed by the respondents shall be communicated to the applicant within the aforenoted period. A copy of the OA be sent along with a copy of this order and be treated as part of the representation filed by the applicant.
5. OA is disposed of in the aforenoted directions. No costs.
(Raj Vir Sharma) (Ashok Kumar) Member (J) Member (A) /jk/