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Judgment
Pradeep Kumar, Member (A), J
There are total 13 applicants, who had initially been appointed in the Department of Telecom. Subsequently, they were deputed to MTNL followed
by absorption there w.e.f. 1.11.1998. The MTNL introduced a voluntary retirement scheme in 2019. The applicants have opted for such voluntary
scheme and this VRS came into force w.e.f. 31.01.2020.
The applicants are aggrieved that ex-gratia payment, as was envisaged under this voluntary retirement scheme, has not been paid to them as yet.
They made a representation dated 15.01.2021 which has not been replied to as yet. Feeling aggrieved, the present OA has been filed.
The matter has been heard. The OA is disposed off at the admission stage itself, without going into merits of the case, with a direction to the
respondents to pass a reasoned and speaking order on the pending representation dated 15.01.2021 by the applicants, duly keeping in view the
provisions of MTNL Voluntary Retirement Scheme-2019, within a period of eight weeks under advice to the applicants. In case as a result of this
examination, certain payments become due, the same shall also be released within a period of four weeks thereafter. The applicant shall be at liberty
to approach this Tribunal, in case any grievance still subsists. No costs.
The applicant herein was appointed as Head Constable Ministerial on 28.06.1982. He superannuated on 31.01.2019. While in service a criminal case
was lodged against him on 02.8.2010 on charge of sexual harrassment of fellow employee. The Trial Court convicted him and a departmental enquiry
was also ordered against the applicant and he was suspended on 29.09.2010. This enquiry was finalized and he was punished by reducing two stages
of his pay permanently. He has preferred an appeal against this punishment.
On 28.11.2017 the Lower Court acquitted the applicant under Section 509 of IPC but he was convicted under Section 354 and was sentenced of 6
months imprisonment and fine of Rs.10,000/- was also imposed on him. The applicant preferred an appeal against this conviction before the Trial
Courtwherein he was acquitted on 28.08.2018.
On conviction by TrialCourt he was dismissed from service on 15.12.2017. However, after acquittal he was reinstated in service on 17.10.2018 and
a detailed order was passed by the respondents.
The respondents have preferred an appeal against acquittal before the Hon’ble High Court in October, 2018 which is still pending. Meanwhile,
the applicant retired on 31.01.2019. He is being paid provisional pension, however, gratuity is withheld. The applicant submitted representation on
14.10.2020 seeking release of gratuity, restoration of promotion, restoration of MACP benefits etc. As his representation has not been decided, he
preferred reminders on 21.10.2020, 23.10.2020, 27.10.2020, 07.11.2020 and 22.11.2020. Since there is no reply on the representation of the applicant
followed by several reminders, the instant OA has been filed.
The applicant submitted that he will be satisfied if certaindirectionsare issued to the respondents to pass a reasoned and speaking order on the
pending representations of the applicant.
The matter has been considered. It is felt that no prejudice would be caused to the respondents if such a request of the applicant is acceded to.
In view of the foregoing, the present OA is disposed off , at the admission stage itself, without going into merits of the case, with a direction to the
respondents to pass a reasoned and speaking order on the pending representations dated 14.10.2020 and 22.11.2020, keeping in view the extant rules
and instructions on the subject within a period of eight weeks under advice to the applicant. The applicant shall be at liberty to approach this Tribunal,
if any grievance still subsists.