Baboo Singh Parihar S/o Pehloo Parihar vs Union Of India & Ors.

Om Prakash VII, Member (J)

Matter is taken up in revised call. None present for the applicant. Shri Anil Kumar, learned counsel for respondents is present.

Following reliefs have been claimed by the learned counsel for the applicant:-

(i) Issued a writ order or direction to direct the respondents for deciding the representation dated 04.08.2024 of the petitioner for considering the release of gratuity, pension and other retiral benefits to the petitioner.

(ii) Issue any other relief to the applicant which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(iii) Award the cost of the application to the applicant”.

Although none is present on behalf of the applicant, keeping in view the specific provisions under Rule 15(1) of the Central Administrative Tribunal (Procedure) Rules, 1987, the OA is being disposed of at the admission stage after hearing the learned counsel for the respondents.

Perusal of the relief clause reveals that the only prayer made by the applicant is to direct the competent authority to consider and decide the pending representation dated 04.02.2024 for release of gratuity, pension, and other retiral benefits.

Learned counsel for the respondents states that a criminal case is pending against the applicant before the competent court, and on this ground, the post-retiral benefits have not been released. To substantiate this argument, the learned counsel for the respondents referred to the Railway Services (Pension) Rules, 1993, and argued that no direction could be issued to release the benefits until the criminal case is decided.

I have considered the submissions of the learned counsel for the respondents and perused the entire record.

Considering the nature of the submissions made by the respondents and the reliefs claimed by the applicant, without going into the merits of the case, the OA is disposed of at the admission stage itself. The competent authority among the respondents is directed to consider and decide the applicant’s representation dated 04.02.2024 if not already decided by passing a reasoned and speaking order in accordance with law within a period of three months from the date of receipt of a certified copy of this order. The order so passed shall be communicated to the applicant forthwith. No order as to costs. All connected MAs also stand disposed of.