Central Administrative Tribunal

Varadarajan S vs M/o Defence on 30 December 2019

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1OA No.859/201948

CENTRAL ADMINISTRATIVE TRIBUNAL

MUMBAI BENCH, MUMBAI

ORIGINAL APPLICATION No.859/2019

Date of decision: 30.12.2019

CORAM:- R. VIJAYKUMAR, MEMBER (A).

R.N. SINGH, MEMBER (J).

Varadarajan S., aged about 58 years,

Son of Late A. Sadanandan,

Residing AT:A-501, Mantri Nivas,

Vaiduwadi, Near Suraksha Nagar,

Hadapsar PUNE pin 411 013.

Employed as Assistant in

Defence Institute of Advanced

Technology, Girinagar Pune 411 025.

... Applicant.

(By Advocate Shri Venugopalan)

VERSUS.

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1. 1. Union of India Through Secretary, Ministry of Defence and Chancellor, Defence Institute of Advanced Technology, South Block, New Delhi-110 011.

2. 2. The Chairman Defence Research and Development and Secretary Defence of Research and Development, DRDO Bhavan, Rajaji Marg, New Delhi-110004.

3. 3. Vice Chancellor, Defence Institute of Advanced Technology Deemed to be University, Girinagar, Pune-411 025.

4. 4. The Principle Director of Audit, Defence Services, No.1 Finance Road, Pune-411 001.

... Respondents.

2OA No.859/2019O R D E R ( O R A L )Per: R. N. SINGH, MEMBER (J)

1. When the case is called out, Shri Venugopalan, learned counsel appeared for the applicant.

2. The applicant in the present OA has prayed for the following reliefs:

"(a) To allow this application.

(b) To cancel and set aside the service note/orders dated 30.03.2019 14.02.2019 and also the clause pertaining to the applicant in the order dated 24.01.2019 by not accepting the Preliminary slip No.27 of 2016.

c) This Hon'ble Tribunal be pleased to direct the respondents to fix the pay and allowances i.e. Rs.19110/- as basic pay and Rs.2400/- grade pay from 01.04.2015 as per clause 16(2) of the Central Civil Services (Fixation of Pay of RE-employed pensioners) orders 1986 amended from time to time and grant all consequential benefits by modifying the appointment order dated 01.04.2015 (Annexure A-6).

d) The respondent may be directed to stop immediately the monthly recovery of pay i.e. Rs.3592/- being carried out by respondents vide paragraph eight (8) of the impugned show cause notice dated 14<sup>th</sup> February 2019 and service note dated 30.03.2019 and also refund the amount recovered so far with effect 3OANo.859/2019

from March 2019 till date to the applicant.

e) Cost of the application may be awarded to the Applicant.

f) Any other or further order(s) may be granted in the interest of justice."

3. In respect of the aforesaid relief(s), the applicant is stated have filed representation to the respondents on 19.07.2019 (Annexure A-18), 18.05.2018 (Annexure A-22) and 14.02.2019 (Annexure A-27) and to which replies have been received vide respondents' letter dated 18.12.2018 (Annexure A-4) and 14.02.2019 (Annexure A-2) which, the learned counsel submits, do not address all the issues, raised by the applicant in regard to his pay and allowances and stipend from the date of his re-employment with the respondents.

4. In view of the aforesaid, without going into the merits of the claim of the applicant, we dispose of the OA with directions to the respondents to consider the applicant's aforesaid representations afresh and pass a reasoned and speaking order as expeditiously as possible and 4OA No.859/2019

in any case within 12 weeks from the date of receipt of a certified copy of this order.

5. However, in the facts and circumstances, no order as to costs.

(R. N. Singh) Member (J)

(R. Vijaykumar) Member (A)

V.

JD 14/01/20

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