Jagroop vs Union Of India & Others

Pratima K. Gupta, Member, J

The undersigned has joined this Bench online through video conferencing facility.

Shri Ajay Kumar vice Shri P.S. Yadav, ld. counsel for the applicant and Shri Chakrapani Vatsyayan, ld. counsel for the respondents are present.

By way of this O.A., the applicant has sought direction to the respondents to release his post retiral benefits i.e. gratuity, provident fund, insurance, leave encashment, regular pension etc.

Brief facts of the case are that the applicant was appointed as ‘Gangman’ on 30.11.1987 and since from the date of appointment, the applicant had served in the respondents’ department diligently and retired on 31.03.2022 on attaining the age of superanuuation. However, he has not been paid the post retiral dues till date. In this regard, the applicant has preferred the representation on 15.04.2022. However, the respondents have chosen not to respond the same. Ld. counsel submits that the applicant would be satisfied if a direction is given to the said authority to decide his representation within the stipulated time in accordance with the rules and by passing a reasoned and speaking order.

Ld. counsel for the respondents vehemently opposes the O.A. and submits that the present O.A. is premature as the applicant has not waited for outcome of his representation and he has approached this Tribunal prior to the period of six months which is mandated in the Administrative Tribunals Act, 1985. He further submits that the period of six months will be completed on 15.10.2022.

In view of the above, this Tribunal is of the view that no purpose would be served in keeping pending this O.A. as the applicant is confining his relief up to disposal of his representation. Accordingly, the instant O.A. is disposed of with a direction to the competent authority amongst the respondents to decide the representation dated 15.04.2022 (Annexure A-2) within a period of 04 months from the date of this order in accordance with the rules on the subject.

Needless to say that this Bench has not commented upon either the merits of the case or the claim of the applicant.

No order as to cost.