Back
2024 Supreme(Online)(CAT) 10129
CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH, HYDERABAD HYDERABAD, this the 12th day of April, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Sri Mujib Pasha Shaik, Group-A, S/o. Late S. Allah Baksh, Aged about 53 years, Occupation Director (Admin.), O/o. the Advisor, AP Licensed Service Area, Department of Telecommunications, R/o. Flat No 009, Ground Floor, MCH No. 1-8-161 to 164/6 (Old No.
142/C), Innovation Residency. Prenderghast Road Sindhi Colony, Secunderabad – 500003.
...Applicant (By Advocate: Mr. P. Venkatesh)
Vs.
1. Union of India Represented by the Secretary, Ministry of Shipping, Transport Bhavan, 1. Parliament Street, New Delhi-
110001.
2. The Secretary, Department of Personnel & Training, North Block, Ministry of Personnel, Public Grievances and Pensions, New Delhi-110001.
3. Chairman, Visakhapatnam Port Trust, Visakhapatnam, Andhra Pradesh.
... Respondents (By Advocate: Mrs. B. Gayatri Varma, Sr. CGSC Mr. P. Sri Ram SC for R3)
---
ORAL ORDER
(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)
By this OA, applicant sought the following relief:
“………..to declare the impugned Rejection Letter of the 1ª Respondent vide File No C-31018/3/2020-Vigilance, Dated 14/08/2020, as patently illegal, arbitrary, manifestly discriminatory and in clear violation of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to pay Special Allowance @ 15% of his Basic Pay during the period 09/07/2012 to 31/12/2015, when the Applicant opted for Port Trust Scales while working as Chief Vigilance Officer on Deputation basis in the 3rd Respondent Port Trust and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”
2. When the matter has been taken up for consideration, the learned counsel for the respondents representing the Port Trusts raised the objection on the ground of maintainability, as this court does not have jurisdiction, since the Vishakapatnam Port Trust authority is not notified before this Tribunal.
3. The learned counsel for the applicant has replied to the said objection by stating that the order that has been passed by the Ministry of Shipping dated 14.08.2020 is under challenge, and after filing the reply, the objection raised by the respondents is not maintainable.
4. It is to be noted that, upon perusal of the record, the order that is impugned in the OA passed by the Ministry of Shipping dated 14.08.2020 wherein it has been specifically against the applicant’s request and claim that the DoPT order dated 18.01.2001 in regard to payment of special incentive is not applicable to Port Trusts (which are autonomous bodies)
and based on this, the request of the applicant has been rejected and the benefit of special allowance is not extended to the CVOs of Port Trust.
5. In view of the submission made by the learned counsel for the respondents, and looking into the order of the Ministry of Shipping, this court does not have jurisdiction to entertain such matters. Hence, the OA is dismissed for lack of jurisdiction, with liberty to the applicant to approach the appropriate forum/court available in a manner known to law. The OA is dismissed at the admission stage since it is not admitted. No order as to costs.
(DR. LATA BASWARAJ PATNE)
JUDICIAL MEMBER /al/
