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Babul Ram Kakati v/s The Union of India Represented by the Secretary To the Government of India Ministry of Communications & I T Department of Posts, Dak Bhawan New Delhi & Others


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    Original Application No. 040/00190 of 2020

    Decided On, 30 September 2020

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER

    For the Applicant: D.N. Sarma, Advocate. For the Respondents: -----



Judgment Text

Oral:This matter has been taken up through video conferencing.2. By this O.A., applicant prays the following reliefs:-“8(I) To set aside and quash the impugned order No. B1/MACP dated 20.02.2019 and Director of Accounts (Postal) Guwahati Memo No. Pen/105/GH/18-19-1341 dated 13.11.2018.8.(II) To allow the benefits of MACP-III w.e.f. 01.09.2018 in all subsequent retiral benefits such as Pension, gratuity and Leave salary.8.(III) To refund the amount of Rs. 2,27,902/- with admissible interest which was deducted from his due amount of Leave salary.8.(IV)Any other relief (s), which the applicant is entitled to as the Hon’ble Tribunal may deem fit and proper.”2. At the outset of the argument, Sri D. N. Sarma, learned counsel appearing for the applicant submitted that applicant submitted two representations before the respondent No. 4 i.e. Sr. Superintendent of Posts, Guwahati Division, Meghdoot Bhawan, Guwahati, Assam with the request to refund the illegal deduction of Rs. 2,27,902/- and the respondent No. 4 is still sitting over the matter by not disposing of these two representations. Sri Sarma fairly submitted that he will be satisfied if a direction is issued to his client to submit this O.A. before the respondent authorities which may be considered and disposed of by them within a time frame by treating the same as a comprehensive representation.3. As the learned counsel for the applicant prayed only for disposal of the O.A. by treating it as a comprehensive representation, I deem fit and proper to direct the respondent authorities to take a decision into the matter/representations. Accordingly, without expressing any opinion on the merit, I direct the applicant to submit this O.A. before the appropriate authority more particularly respondent No. 4 [Sr. Superintendent of Posts, Guwahati Division, Meghdoot Bhawan, Guwahati, Assam] within a period of fifteen days from the date of receipt of a copy of this order. On receipt of such, the respondent No. 4 shall treat this O.A. as a comprehensive representation and dispose of it and pass a reasoned and speaking order within a period of two months thereafter.4. It is made cle

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ar that whatever decision to be passed by the respondent No. 4 shall be communicated to the applicant forthwith.5. With the above direction, O.A. stands disposed of accordingly at the admission stage.6. There shall be no order as to costs.
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