N.P. Mishra vs Union Of India & Others

Mohd. Jamshed, Member (A)

The applicant was initially appointed as ASI in CRPF in 1986 and thereafter promoted to the post of Sub-Inspector. Later, he was permanently absorbed in the Central Bureau of Investigation (CBI) as Sub-Inspector in the year 1995. Subsequently, he was promoted to the post of Inspector and thereafter to the post of DSP in 2014. The applicant was due to retire on superannuation w.e.f. 31.08.2022. However, the respondents invoked their power under FR 56 (j) and prematurely retire him on 06.01.2022. On the date of retirement, he was paid a sum equivalent to his pay and allowances for a period of three months calculated at the rate he was supposed to draw his salary, however, the respondent No.2 did not release his retiral dues. Ventilating his grievance, the applicant made a representation dated 09.03.2022, but to no avail. Hence, he filed this O.A. seeking the following relief(s):

“8.1 The respondents be directed to release all the retirement benefits of the applicant expeditiously and without unnecessary delay, together with interest on the entire amount @ 12% p.a. w.e.f. 06.01.2022, till the date of it’s actual payment;

8.2 Costs of the proceedings may be allowed;

8.3 Any other order(s) as deemed fit and proper to secure the ends of justice may be passed.”

The applicant contends that he made representation dated 09.03.2022 in this behalf. However, neither his retiral dues have been released nor any response has been given by the respondents so far.

Today, I heard Mr. D.S. Chaudhary, learned counsel for the applicant and Mr. Hanu Bhaskar, learned counsel, who appeared on advance service on behalf of the respondents, at the stage of admission.

Mr. D.S. Chaudhary, learned counsel for the applicant submits that the applicant would be satisfied, if the respondents are directed to consider his pending representation dated 09.03.2022 and to pass a reasoned and speaking order thereon, in a time bound manner.

Mr. Hanu Bhaskar, learned counsel for the respondents submitted that he has no objection to the prayer made by the learned counsel for the applicant.

Accordingly, the O.A. is disposed of, at the admission stage itself, without going into the merits of the case, with a direction to the respondents to consider the aforesaid pending representation of the applicant and to pass a detailed reasoned order thereon, as expeditiously as possible, and in any case not later than two months from the date of receipt of a copy of this order, under intimation to the applicant.

There shall be no order as to costs.