MA No. 3229/2012, CP No. 457/2008 and OA No. 189/2008. Case: Shri Laxmichand Vs Shri Vijay Singh, Shri Janan Prakash, Smt. Harjit Kaur Pannu and Shri A.K. Chopra. Central Administrative Tribunal

Case NumberMA No. 3229/2012, CP No. 457/2008 and OA No. 189/2008
CounselFor Appellant: Sh. B.L. Rai, Advocate and For Respondents: Shri D.S. Mahendru, Advocate
JudgesV.N. Gaur, Member (A) and Rajvir Sharma, Member (J)
IssueService Law
Judgement DateApril 22, 2014
CourtCentral Administrative Tribunal

Order:

V.N. Gaur, Member (A), (Principal Bench, New Delhi)

  1. The applicant has filed the present MA No. 3229/2012 in CP No. 457/2008 in OA No. 189/2008. In para 1 of the application, the applicant has stated that he has filed the present Contempt Petition for initiating contempt proceedings against the respondents for not complying with directions passed in order dated 24.07.2008 and 18.05.2011 in OA No. 189/2008 and MA No. 1296/2010 respectively. However, the prayer made in this MA is as follows:

    1. To pass an order for directing the respondents specifically to pay pro-rata pension by revising PPO, dated 08.08.2012 on the basis of average emoluments preceding the date of absorption i.e. 16.08.1985, taking in account the basic pay on Pro forma Promotion on the post of Superintendent B & R GDE I, as on 11.04.1983 and awarding annual increment as on 01.04.1984 & 01.04.1985 for calculating the emoluments on 16.08.1985. The payments of arrears of pension along with the payment of interest at the rate of 12 per cent per annum compounded annually on arrears from the date of absorption i.e. 16.08.1985 till date of payment is to be paid to the applicant.

    To pass an order for directing the respondents to pay the amount of gratuity on the basis of emoluments immediate before absorption i.e. 16.08.1985 to the applicant.

    To pass an order for directing respondents to pay interest at the rate of 18% per annum compounded annually on the delayed payment of the amount of G.P. Fund i.e., Rs. 13442.00 from 1st August 2005 to 30th June 2009 plus interest on the amount of interest comes as on 01.07.2009 till the date of payment is to be paid to the applicant. The interest on the amount of gratuity, at the rate of 12% per annum compounded annually from the date of absorption i.e. 16.08.1985 till the date of payment is to be paid to the applicant.

  2. The applicant had filed OA-189/2008 with the following prayer:

    1. To pass an order for directing respondents to pay pro-rata pension to the applicant from the date of his absorption with interest.

    2. To pass an order for directing respondent to pay the G.P. Fund and gratuity to the applicant.

    3. To pass an order for directing respondent to pay interest to the applicant on the delayed payment of G.P. Fund and gratuity of the applicant.

  3. This OA was disposed of by this Tribunal by order dated 24.07.2008 with the following Order:

    Resultantly, OA is allowed, impugned order is set aside. Respondents are directed to grant pro-rata pension to the applicant from the due date when he was absorbed with all arrears as due under the rules as prayed in the OA within a period of three months from the date of receipt of a copy of this order. No costs.

  4. Applicant filed CP No. 457/2008 in OA No. 189/2008 complaining non-implementation of order of this Tribunal dated 24.07.2008. That CP was...

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