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2019 Supreme(Online)(CAT) 1060

CENTRAL ADMINISTRATIVE TRIBUNAL
Harish Chand Jaiswal – Appellant
Versus
B.p.c.l, Deptt. Of Heavy Industry And Public Enterprises – Respondent
O.A./1125/2017



ORDER

The present O.A has been filed by the applicants under section 19 of Administrative Tribunal Act, 1985 seeking following reliefs:- i) An order be passed directing the respondent No.1 to release the fund to the respondent company as demanded vide letter dated 16.03.2015 of the respondent No.3. ii) An order be further passed directing respondent Nos. 2 and 3 to consider the representation of the applicants and pay the balance retiral dues of the applications as detailed in representations of the applicants along with interest thereon.

iii) Any other and further order may be passed as this Hon’ble Court may deem fit and porper, in the facts and circumstances of the case.

iv) The cost of the present original application may also be awarded in favour of the applicants as against the respondents.

2. The brief facts of the case are that all the applicants were working on different posts under the respondent No.2 and 3. They were retired from service on different dates, which are quoted herein below:-

Applicant No.130.06.2013
Applicant No.230.06.2013
Applicant No.331.08.2014
Applicant No.431.07.2015
Applicant No.531.7.2013
Applicant No.631.01.2015
Applicant No.731.8.2014
Applicant No.831.10.2013
Applicant No.931.03.2013

It is also relevant to mention here that Bharat Pumps and Compressor Limited, Naini Allahabad (hereinafter referred to as ‘The Company’) has been shutdown. The applicant's grievance is that their balance retiral dues, the details of which are being quoted herein below, have not been paid to him after the lapse of several years of their retirement.

Applicant No.130.06.2013
Applicant No.230.06.2013
Applicant No.331.08.2014
Applicant No.431.07.2015
Applicant No.531.7.2013
Applicant No.631.01.2015
Applicant No.731.8.2014
Applicant No.831.10.2013
Applicant No.931.03.2013

Sl. No. Payment Made Payment still remains unpaid Applicant No.1 Arrears of 5th Pay Revision which has due from February 1997 but no interest was given. A. Provident Fund against the arrears of 5th Pay Revision has been paid. B. Arrears of 6th Pay Revision (from February 2007 till March 2011). C. LTC encashment for the Block Year 2009-2013. D. Interest of encashment of Earned Leave. E. Encashment of 240 days half pay i.e. 120 days full pay medical leave. Applicant No.2 Arrears of 5th Pay Revision, which was due from February 1997 but no interest was given A. Provident Fund against the arrears of 5th Pay Revision has been paid. B. Arrears of 6th Pay Revision (from February 2007 till March 2011). C. LTC encashment for the Block Year 2007 D. Interest of encashment of Earned Leave. E. Encashment of 240 days half pay i.e. 120 days full pay medical leave. Applicant No.3 Arrears of 5th Pay Revision, which was due from February 1997 but no interest was given A. Provident Fund against the arrears of 5th Pay Revision has been paid. B. Arrears of 6th Pay Revision (from February 2007 till March 2011). c. Interest of encashment of Earned Leave. D. Arrears of difference of encashment of earned leave. E. Encashment of 240 days half pay i.e. 120 days full pay medical leave. Applicant No.4 Arrears of 5th Pay Revision, which was due from February 1997 but no interest was given. A. Provident Fund against the arrears of 5th Pay Revision has been paid. B. Arrears of 6th Pay Revision (from February 2007 till March 2011). C. Leave encashment for the block year 2014. D. Interest of encashment of Earned Leave. E. Arrears of difference of encashment of earned leave. E. Encashment of 240 days half pay i.e. 120 days full pay medical leave. Applicant No.5 Arrears of 5th Pay Revision, which was due from February 1997 but no interest was given A. Provident Fund against the arrears of 5th Pay Revision has been paid. B. Arrears of 6th Pay Revision (from February 2007 till March 2011). C. LTC encashment for the Block Year 2009-2013. D. Interest of enca

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