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

Intazur Rahman, HMG (Rtd.) & Others v/s The Union of India, Represented by the Secretary to the Department of Posts, Government of India, Ministry of Communication, Information & Technology & Others

    Original Application No. 61 of 2022
    Decided On, 23 March 2022
    At, Central Administrative Tribunal Guwahati Bench Guwahati
    For the Applicants: M. Chanda, U. Dutta, Dr. G.J. Sharma, Advocates. For the Respondents: R. Hazarika, Addl. CGSC.

Judgment Text
Oral Order:

1. In the present OA, all the applicants are seeking similar benefits from the same respondents, therefore, their prayer for joining together in a single application under Rule 4(5) (a) of CAT (Procedure) Rules, 1987 is allowed.

This Original Application has been filed by the applicants under Section 19 of Administrative Tribunals Act, 1985, seeking the following reliefs:

“8.1 That the Hon’ble Tribunal be pleased to declare that the applicants are entitled to continuation and release of Outstation Allowance w.e.f. 01.07.2017 at the revised rates in terms of Directorate’s letter dated 05.02.2020 (Annexure-A1) with all consequential arrear payment with interest @ 12% p.a.

8.2 That the Hon’ble Tribunal be pleased to direct the respondents to release the Outstation Allowance at the revised rates to the applicants w.e.f. 01.07.2017 in terms of Directorate’s letter dated 05.02.2020 (Annexure-A1) with all consequential arrear payment with interest @ 12% p.a.

8.3 Costs of the Application.

8.4 Any other relief(s) to which the applicants are entitled to as the Hon’ble Tribunal may deem fit and proper.”

2. Brief facts of the case are that some of the applicants are working as HMG/Mail Guard/MTS under respondent No.5, whereas some of the applicants have already retired from service. They were receiving Outstation Allowance payable to the RMS staff at the then existing rates upto June, 2017. Thereafter it was discontinued w.e.f. 01.07.2017 vide Ministry of Finance, Department of Expenditure OM dated 11.07.2017, circulated vide Directorate letter dated 14.07.2017. It is submitted that a proposal for Outstation Allowance for the staff working in RMS sections of Railway Lines as well as the entitled retired employees, was referred to the Department of Expenditure, Ministry of Finance for consideration and approval, and the same was considered and approved for continuation at the revised rates for the period of absence from their headquarters on duty. In this respect a letter dated 05.02.2020 (Annexure A-1) has been issued by the Assistant Director General (GDS/PCC) to all the Chief Postmasters General/Postmasters General, specifying the revised rates, which are to be payable w.e.f. 01.07.2017. The same was circulated by letters dated 09.03.2020 and 13.03.2020. It is submitted that in spite of the executive decision for continuation of the Outstation Allowance to the staff, the said benefit has not been granted to the applicants. Feeling aggrieved, the retired applicants submitted their representation dated 18.11.2021 through their association, i.e. the All India Postal & RMS Pensioners Association to the respondent No.5. But no decision has been taken till date.

3. Heard Sh. M. Chanda, Smt. U. Dutta and Dr. G.J. Sharma, learned counsel for applicants and Sh. R. Hazarika, Addl. CGSC.

4. At the outset, learned counsel for applicants has submitted that the applicants will be satisfied if the representations dated 18.11.2021 made by retired applicants, and dated 23.11.2021 made by applicant No.1, are decided in a time bound manner.

5. Learned counsel for respondents has no objection to the prayer made by the learned counsel for applicants.

6. On perusal of the pleadings, we find that only retired applicants through their association and applicant No.1 have submitted their representations. Remaining applicants have not submitted their representation.

7. In view of the above, the OA is disposed of at the admission stage itself, without expressing any opinion on the merits of the case, with a direction to all the remaining applicants to make their separate representation, if they so desire, within a period of one month from the date of receipt of this ord

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er. On receipt of such representations so made by remaining applicants, respondents are directed to decide the representations dated 18.11.2021, 23.11.2021 and other representations so made by remaining applicants, within a period of ten weeks from the date of receipt of such representations from the applicants, by passing a reasoned and speaking order, under intimation to the applicants. There shall be no order as to costs.