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Tribunals and CommissionsSingle Bench(2023) 10 CAT CK 0043

Kailash Narain Jaiswal vs Union Of India, Through The General Manager, Northern Railway, Baroda House, New Delhi. & Ors

Central Administrative Tribunal · Decided on 25 October 2023

HON’BLE JUDGES
Anil Kumar Ojha, Member J
RESULT
Disposed Of
CASE NUMBER
Original Application No. 332, 00440 Of 2023
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Judgment

13 paragraphs · 425 words

Anil Kumar Ojha, Member, J

1.

Heard learned counsel for the applicant, learned counsel for the respondents and perused the records.

2.

Applicant has prayed for the following reliefs:-

“1. To fix the pension and pensionary benefits of the applicant after counting the increment fallen due on 1st July 2018 and release the arrears of pension and pensionary benefits alongwith interest @ 12% per annum from the date of due till the actual date of payment.

2.

Any other relief, which this Hon’ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.

3.

Cost of the present case.”

3.

Submission of the learned counsel for the applicant is that in view of the law laid down by the Hon’ble Apex Court in Civil Appeal No.2471 of 2023 (@SLP (C) No.6185/2020) The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors dated 11.04.2023, the applicant is entitled for increment due on 01.07.2018, even if, applicant has retired on 30.06.2018.

4.

Learned counsel for the applicant submitted that ends of justice would be served if a direction is given by this Tribunal to the respondents/competent authority to consider and dispose of the pending representation of the applicant dated 08.06.2023, which is annexed at Annexure-A-3 [page-10] of the OA by the respondents by way of reasoned and speaking order within a stipulated period of time to be fixed by this Tribunal.

5.

To this, learned counsel for the respondents orally opposed, however, submitted that in case the applicant’s representation is directed to be decided in the manner suggested, then a period of at least two months may be allowed for the same.

6.

Keeping in view the innocuous prayer made by the applicant, this O.A. is disposed of finally, without going into the merits of the case, with a direction to the respondents/ competent authority to consider and decide the representation filed by the applicant dated 08.06.2023, which is annexed at Annexure-A-3 [page-10] of the OA in the light of the judgment of the Hon’ble Apex Court in Civil Appeal No.2471 of 2023 (@SLP (C) No.6185/2020) The Director (Admn. And HR) KPTCL & Ors. Vs. C.P. Mundinamani & Ors dated 11.04.2023 within a period of two months from the date of receipt of a certified copy of this order in accordance with law by passing a reasoned and speaking order under intimation to the applicant forthwith.

The OA is disposed of accordingly.

Pending MAs, if any, also stand disposed of.

There is no order as to costs.