CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 14th day of June, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member
1. Gutta Koteswara Rao, S/o. Veeraiah, Aged 59 years, Station Master, O/o. Control Office, 1st Floor, Sanchalan Bhavan, Secunderabad, R/o.C/o.Obul Reddy, Plot No.58, Sowjanya Colony, New Bowenpally, Secunderabad.
2. Gutta Venkata Ramana, S/o. Veeraiah, Aged 56 years, Office Superintendent, O/o. Senior Divisional Personnel Office, Sanchalan Bhavan, 4th Floor, Secunderabad, R/o.H. No.29-1382-2/47, Samantha Nagar, Neredmet, Secunderabad, Ranga Reddy District.
...Applicants.
(By Advocate: Mr. A Rajendra Babu)
Vs.
1. The Union of India, Ministry of Railways, Rep. by its Secretary, Railway Bhavan, New Delhi. 2. South Central Railway, Rep. by its General Manager, Rail Nilayam, Secunderabad.
3. The Divisional Railway Manager, Secunderabad.
4. Senior Divisional Personnel Officer, South Central Railway (BG), 5th Floor, Sanchalan Bhavan, Secunderabad.
...Respondents.
(By Advocate: Mr. G Raghunath, Sr. PC for CG)
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ORAL ORDER
(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)
By this Original Application, the applicants are seeking the following relief:
“This Hon'ble Tribunal may be pleased to declare the action of the respondent in recovering an amount of Rs. 3,000/- from the salary of the accounts starting from the month of September and continued to recover an amount of Rs.3,000/- every month from the salaries of the applicants is arbitrary, illegal, colourable exercise of power, and in violation of principals of natural Justice apart from violation of Art.21 of the Constitution of India and to issue a consequential direction to the 3rd and 4th respondent not recover any amount of Rs.3,000/- from the salary of the applicants and to pass such other order or orders which are deemed fit and proper in the circumstances of the case.”
2. When the matter has been taken up consideration, the learned counsel for the applicant submits that he has challenged the action of the respondents in respect of recovery which has been made at Rs.3000/- per month.
3. After perusal of the records, it is seen that the proceedings of the Divisional Revenue Officer and Presiding Officer, Tribunal for Maintenance and Welfare of Parents and Senior Citizens, Khammam, in RC No.82/4108 of 2014, the mother of the applicant has filed the petition against the applicant and the other son in which the Tribunal has passed the following order:
“The Respondents 1st to 3rd has to pay RS. 3,000/- each every month towards maintenance of the applicant to meet her basic needs, especiaily food, clothing, accommodation and heath care without fail. And the maintanence amount as ordered has to be deposited in favour of Smt. Gutta Swarajyalaxmi Bank Account SBH 62448259272 NST Road Branch, Khammam.”
4. Accordingly the order has reached the respondents’ office, and as per the direction of this Tribunal, the respondents have started making recoveries at Rs.3000/- each from the salary of the applicants. In view of the order, the respondents have acted and therefore, applicants have appropriate remedy to challenge the said order before the appropriate court. This Tribunal is not the appropriate forum.
5. Hence, the O.A. is dismissed for want of jurisdiction. No order as to costs.
(DR. LATA BASWARAJ PATNE)
JUDICIAL MEMBER /KR/
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