At, Central Administrative Tribunal Guwahati Bench Guwahati
By, THE HONOURABLE MRS. MANJULA DAS
By, JUDICIAL MEMBER & THE HONOURABLE MR. NEKKHOMANG NEIHSIAL
By, ADMINISTRATIVE MEMBER
For the Applicant: S. Nath, G.J. Sharma, Advocates. For the Respondents: -------
Manjula Das, Judicial Member:This O.A. has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 with the following reliefs:“8.1 That the Hon’ble Tribunal be pleased to set aside and quash the impugned re-fixation of pay of the applicant issued vide letter No. AP/Pen/1-100/2018 dated 26.08.2019 (Annexure-A1).8.2 That the Hon’ble Court be pleased to direct the respondents to release 10% of DCRG of the applicant in modification of impugned letter dated 01.10.2019 with 12% interest and not to recover Rs. 93,950/- from DCRG of the applicant.8.3 That the Hon’ble Tribunal be pleasedto direct the respondents to pay regular monthly pension to the applicant with immediate effect.8.4 Costs of the application.8.5 Any other relief(s) to which the applicant is entitled as the Hon’ble Tribunal may deem fit and proper.”2. Sri S. Nath, learned counsel for the applicant submitted that the applicant was initially appointed as Group ‘D’ employee in the Department of Posts and joined in the circle office, N.E Circle, Shillong on 30.04.1984. Thereafter the applicant was appointed as Postal Assistant on 13.12.1988 through Staff Selection Commission and joined on 14.12.1988 at Circle Office, Guwahati. The applicant while working as Postal Assistant Circle, Guwahati, he was placed under suspension from 25.07.2005 to 06.09.2007. Thereafter a disciplinary proceeding was initiated against the applicant vide charge sheet date 14.10.2009 under Rule 14 of the CCS (CCA) Rule, 1965. The applicant participated in the inquiry and after completion of the inquiry a penalty of reduction of pay by 1 stage from Rs.13,200/- to Rs .12,690/- in the pay band of Rs.9,300-34,800+Rs .4200/-GP for 3 years with cumulative effect was imposed upon him vide penalty order dated 28.08.2013. In the penalty order dated 28.08.2013 it was mentioned that on expiry of the period of penalty, reduction could not have effected postponing his future increment of pay.3. The applicant was retired from service on superannuation on 28.02.2019 (A/N). After about 3 months of his retirement, the Director of Postal Services (HQ), Assam Circle vide letter dated 24.05.2019 intimated the applicant that the suspension period from 25.07.2005 to 06.09.2007 is yet to be regularised. Hence the period of suspension was proposed to treat as non-qualifying service and the applicant was requested to submit his representation within 15 days. The applicant submitted his representation dated 17.06.2019 with a request to the Director of Postal Services, Guwahati to treat the period of suspension as qualifying service on humanitarian ground. The Director Postal Services, Guwahati vide letter dated 09.08.2019 intimated that the period of suspension of the applicant from 25.07.2005 to 06.09.2007 shall be treated as non-qualifying duty for all purpose. Accordingly the applicant is entitled for only pay and allowances already paid to him during the period of his suspension.4. Learned counsel for the applicant further submitted the applicant on completion of his 30 years of regular service was granted 2ndMACP in grade pay of Rs. 4200/- w.e.f. 14.12.2008 and the respondent authority on the basis of the order dated 09.08.2019 whereby the period of suspension of the applicant was treated as non-duty, issued the impugned order dated 26.08.2019 by which the dated of 2ndMACP in the grade pay of Rs.4200/- of the applicant has been arbitrarily deferred from 14.12.2008 to 27.01.2011. According to the learned counsel, the dated of grant of 2nd MACP of the applicant has been changed after long 11 years vide impugned order dated 26.08.2019 which is not permissible on the ground that the applicant retired from service on 28.02.2019 and after his retirement change of date of 2ndMACP is not permissible.5. Learned counsel for the applicant further submitted that the Assistant Director (A/Cs), office of CPMG, Assam Circle vide impugned letter dated 01.10.2019 sanctioned 90% of DCRG total DCRG amounting to Rs.8,66,320/-. In the said letter it has been informed that an amount of Rs. 93,950/- is to be recovered from withheld amount of DCRG of the applicant as excess payment of pay and allowances. However no details about the period when the applicant was paid excess pay and allowances have been disclosed in the impugned letter dated 01.10.2019. According to the learned counsel, the respondents have no authority under the CCS (Pension) Rules, 1972 to withheld of 10% DCRG of the applicant and propose recovery of amount of Rs. 93,950/- from the applicant after his retirement. Further learned counsel submitted before the court that the applicant had granted provisional pension amounting Rs. 20,790/- and 23,800/- vide orders dated 18.06.2019 and 25.11.2019 respectively. However, after elapse of more than 1 year and 3 months of retirement of the applicant his monthly pension has not been regularised till date. Being aggrieved the applicant submitted representation dated 19.05.2020 to the CPMG, Assam Circle, Guwahati (respondent No.2) to release his regular monthly pension and to release the amount of Rs. 93,950/- which has been withheld by the respondents but the said representation dated 19.05.2020 of the applicant is still pending for consideration.6. We have heard learned counsel for the applicant, perused the pleadings a
Please Login To View The Full Judgment!
nd materials placed before us. Keeping in view of the representation pending, Without going into the merit of the case as well as without issuing notice to the respondents, we found that it is a fit case to direct the appropriate authority to consider the pending representation dated 19.05.2020 and dispose of it by passing a reasoned and speaking order in accordance with law within a reasonable period of three months from the date of receipt of copy of the order, Ordered accordingly.7. With the above directions O.A. stands disposed of at the admission stage itself. No order as to costs.