w w w . L a w y e r S e r v i c e s . i n



Arup Kumar Chakraborty v/s Union of India to be Represented by The Secretary, The Ministry of Communication & information Technology, New Delhi & Others


Company & Directors' Information:- INDIA INFORMATION TECHNOLOGY LTD [Active] CIN = U74140DL1992PLC048211

Company & Directors' Information:- K C INDIA LIMITED [Active] CIN = U74899DL1995PLC068383

Company & Directors' Information:- ARUP INDIA PRIVATE LIMITED [Active] CIN = U29141MH2005PTC224526

Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- THE INFORMATION COMPANY PRIVATE LIMITED [Active] CIN = U72300MH1999PTC118630

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- NEW COMMUNICATION TECHNOLOGY PVT LTD [Active] CIN = U31909GJ1989PTC012512

Company & Directors' Information:- KUMAR TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72300DL1998PTC096213

Company & Directors' Information:- C H C INFORMATION TECHNOLOGY LIMITED [Strike Off] CIN = U72200WB2001PLC093126

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- A K R INFORMATION PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC030157

Company & Directors' Information:- V R INFORMATION TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72900MH2000PTC128632

Company & Directors' Information:- K. K. INFORMATION TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72200OR2009PTC011100

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- S K CHAKRABORTY LTD [Strike Off] CIN = U74210WB1930PLC006630

Company & Directors' Information:- S A I S INFORMATION TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72100TN2010PTC075284

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- KUMAR INFORMATION TECHNOLOGY PVT. LTD. [Strike Off] CIN = U72200DL2001PTC111297

Company & Directors' Information:- S H INFORMATION TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135610

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- CHAKRABORTY KUMAR & CO PRIVATE LIMITED [Strike Off] CIN = U50500DL1949PTC001673

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

Company & Directors' Information:- B CHAKRABORTY AND CO PVT LTD [Strike Off] CIN = U74140WB1956PTC022859

    Original Application No. 041/00172 of 2016

    Decided On, 02 November 2018

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. N. NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: P. Maishan, Advocates. For the Respondents: A. Chakraborty, Addl. CGSC.



Judgment Text

Oral Order:

Manjula Das, Judicial Member:

1. By this O.A., applicant makes a prayer for a direction upon the respondents to retain the applicant in service till he attains the age of retirement with full pay and salary w.e.f. March 1999 and consider further grant of benefits of promotion in service.

2. Heard Mr. P. Maishan, learned counsel for the applicant and Mr. A. Chakraborty, learned Addl. CGSC for the respondents. Perused the pleadings and material placed on record.

3. Mr. P. Maishan, learned counsel appearing on behalf of the applicant submits that applicant joined as Sorting Assistant on 13.05.1997 under respondent Nos. 1 to 5. While in service, from March 1999, the applicant became completely bed ridden due to Ankylosing Spondylitis and he has been still continuing in the same condition. According to Mr. Maishan, the District Disability Board issued still certificate dated 30.05.2007 certifying that the applicant has been suffering from ankylosing spondylitis and the extent of disability is now 100%.

4. In course of service the applicant became invalid and in terms of section 47 of the Persons with Disability (Equal opportunities, Protection of Equal Rights and Full Participations) Act, 1995, the applicant became entitled full pay and salary, during the period of his disability. Section 47 mandates that no establishment shall dispense with or reduce in rank an employee that no establishment shall dispense with or reduce in rank an employee who acquires disability during his service and no promotion shall be denied to a person merely on the ground of disability. According to Mr. Maishan, in such circumstance, being confronted with desperate situation, he had sought for invalid pension. Bur the respondents did not grant invalid pension to the applicant.

5. The applicant submitted representation on 21.01.2015 to the respondents with a request to give full pay and salary w.e.f. March 1999 to the date of payment and thereafter to continue the same until the applicant attains the age of superannuation. However, no response has been given to the applicant by the respondents.

6. On the other hand, Mr. A. Chakraborty, learned Addl. CGSC appearing on behalf of the respondent Nos. 1 to 5 submits that let the applicant be directed to produce a disable certificate from the competent authority so as to enable to take a proper decision on the matter by the respondent authority where the learned counsel for the applicant is also agreed to.

7. In view of the above, without going into the merit of the case as well as by accepting the above prayers, we direct the respondents to make suitable arrangement by writing to appropriate Medical Authority/Board for examination of the individual to establish

Please Login To View The Full Judgment!

his case of disability with a copy to the applicant. The individual may present himself before the Medical Board. On receipt of the letter from the Medical Board, the respondent authority shall take a decision and pass orders as per rules without delay. 8. O.A. stands disposed of. No order as to costs.
O R