Ajit Balaji Joshi, Deputy Commissioner-Cum- Estate Officer v. Central Administrative Tribunal, Chandigarh Bench & ANR

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-22691-2016 (O&M) Date of decision: 03.11.2016 Ajit Balaji Joshi ..... Petitioner

Versus

Central Administrative Tribunal and another ..... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Suvir Sehgal, Senior Standing Counsel with Mr. Vikas Chatrath, Standing Counsel for U.T. Chandigarh. AJAY KUMAR MITTAL, J. (ORAL) 1.

The petitioner has approached this Court under Articles 226/227 of the Constitution of India, inter alia, seeking quashing of the order dated 24.10.2016 (Annexure P-1) passed by respondent No. 1-Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal'), whereby the petitioner was directed to appear personally before the Tribunal on 02.11.2016, even if the directions dated 13.01.2016 (Annexure P-2) passed by the learned Tribunal stands complied, with further direction that the petitioner shall not draw the salary till compliance of the aforesaid directions Annexure P-2.

2.

On October 27, 2016, it was submitted by learned counsel for the petitioner that an amount of ` 9,16,760/-was credited to the bank account of respondent No. 2 on the said date and the balance amount of ` 4,04,683/- would be cleared before the next date of hearing. Accordingly,

-2the case was adjourned for today and personal appearance of the petitioner on 02.11.2016 before the Tribunal, was stayed by this Court. 3.

Today, learned counsel for the petitioner has placed on record the affidavit of the petitioner stating therein that the entire amount along with interest as given in the tabulation form in para 4 of the affidavit has already been paid to respondent No. 2. It was stated that the same is in consonance with the orders passed by the learned Tribunal. Para 4 and 5 of the affidavit reads thus:- "4.

That for the convenience of this Hon'ble Court, it is submitted that the payments have been made to respondent No. 2 in terms of the directions issued by the Hon'ble Tribunal, dated 13.01.2016 in O.A. No. 060/00623/2015 titled Davinder Singh Balouria Vs. Union of India & others. The details of the same are given hereunder in a tabulated form, for convenience of this Hon'ble Court:- Heads under which the payments have been made Date of release/sanction of payments Amount (in rupees) Interest on DCRG, Pension and Commutation 28.10.2016 2,57,286/- DCRG/Gratuity 27.10.2016 9,16,740/- Pension and others Arrears 02.11.2016 8,20,665/- Leave Encashment 02.02.2014 5,55,600/- GIS 30.08.2014 49,982/- GPF 28.10.2014 19,47,597/- 5.

That in terms of the directions issued by the Hon'ble

-3Tribunal dated 13.01.2016, the entire payment along with interest stand paid to respondent No. 2. The direction passed by the learned Tribunal on 13.01.2016 thereby stands complied with."

4.

In view of the above, the impugned order dated 24.10.2016 (Annexure P-1) is hereby set aside. Needless to say, the petitioner shall be entitled to draw his salary.

5.

The instant writ petition stands disposed of accordingly. ( AJAY KUMAR MITTAL ) JUDGE November 03, 2016 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No