OA. No. 060/00330/2015. Case: 03 Nov 2015 Vs Union of India and Ors.. Central Administrative Tribunal

Case Number:OA. No. 060/00330/2015
Party Name:03 Nov 2015 Vs Union of India and Ors.
Counsel:For Appellant: M.K. Bhatnagar, Advocate and For Respondents: Ram Lal Gupta, Sr. CGSC
Judges:Sanjeev Kaushik, Member (J) and Rajwant Sandhu, Member (A)
Issue:Administrative Tribunals Act, 1985 - Section 19
Judgement Date:November 03, 2015
Court:Central Administrative Tribunal
 
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Order:

Rajwant Sandhu, Member (A), (Chandigarh Bench)

  1. This OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 impugning the order dated 1.5.2014 read with letter dated 17.8.2012 (Annexure A-1 & 2) passed by the respondents whereby the request of the applicant for grant of financial upgradation of BCR on completion of 26 years with effect from 01.05.2005 has been illegally denied without passing any speaking order and contrary to the spirit of the provisions and not refixing the pay, with a further prayer for grant of annual increment in terms of OM dated 19.3.2012 (Annexure A-3) and consequently grant of all benefits including revision of pension and arrears alongwith interest.

  2. Averment has been made in the OA that the applicant joined the respondent department on 5.5.1979 as Postman. He was allowed first financial upgradation under TBOP on completion of 16 years regular service w.e.f. 1.5.1995. The second financial upgradation known as BCR was allowed on completion of 26 years of regular service counted from the basic grade. The applicant completed the requisite service of 26 years on 5.5.2005, but was granted the benefit from 1.7.2005. On representing the matter to the respondent department, the applicant was conveyed vide letter dated 6.12.2013 that the benefit of BCR had been given to the applicant w.e.f. 1.7.2005 on the basis of DPC that was held after July, 2005. As a result, the applicant was granted BCR late and secondly, his normal date of increment had also been affected which consequently affected his pension and other benefits as he retired on superannuation on 28.2.2009. Several representations filed by the applicant did not elicit any positive response and the applicant then filed OA No. 060/00129/2014 before the CAT which was withdrawn on 14.2.2014 with liberty to approach the respondents (Annexure A-7). The applicant moved representation dated 19.3.2014 before the respondents (Annexure A-8), but the same had been rejected vide order dated 1.5.2014 (Annexure A-1). Hence this OA.

  3. In the written statement filed on behalf of the respondents, it has been stated that the applicant was granted BCR benefit w.e.f. 1.7.2005, since as per departmental instructions issued vide D.G. Posts, New Delhi letter No. 2-2/94-PE-I dated 31.10.1995 (Annexure R-1), the crucial dates for grant of BCR benefits were 1st January and 1st July after completion of 26 years of service. The applicant is claiming his BCR...

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