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2024 Supreme(Online)(CAT) 13125

CENTRAL ADMINISTRATIVE TRIBUNAL
Amit Shukla – Appellant
Versus
M/o Home Affairs – Respondent
O.A./339/2022



CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/00339 of 2022 DATED FRIDAY, THE 13th DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FOUR CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

Amit Shukla, aged 37 Years, S/o. Shri Shantilal Shukla, Assistant Director (T/S), HTS, Coimbatore R/o: 7/7, Ramani Shardakrupa Apartment, Shivananda Colony, Tatabad Area, Coimbatore-641012(TN) .....Applicant (Advocate: M/s. K.S. Govinda Prasad )

Versus

1. The Director, Central Hindi Training Institute, Department of Official Language, MHA, 7th Floor, Pt. Deendayal Antyoday Bhavan, CGO Complex, Lodi Road, New Delhi-110003;

2. Dr. Barun Kumar, Ex-Director, Central Hindi Training Institute, Rail Bhavan, 256-A, Raisina Road, Rajpath Area, Central Secretariat, New Delhi-110001;

3. Joint Director (Language), Central Hindi Training Institute, Department of Official Language, MHA, 7th Floor, Pt. Deendayal Antyoday Bhavan, CGO, Complex, Lodi Road, New Delhi-11000;

4. Mrs. Chitra Krishnan, Dy. Director (South), Hindi Teaching Scheme, Department of Official Language, MHA, E-Wing, C-Block, Besent Nagar, Chennai-600090;

5. Mr. Ram Niwas, Administrative officer, Central Hindi Training Institute, Department of Official Language, MHA, 7th Floor, Pt. Deendayal Antyoday Bhavan, CGO, Complex, Lodi Road, New Delhi-110 00 . ....Respondents (Advocate: Mr. K. Rajendran, Sr. CGSC)

O R A L O R D E R (Hon'ble Ms. Veena Kothavale, Member(J)

By this Original Application, the applicant is seeking the following relief:-

“a) The leaned Tribunal may kindly summon all records pertaining to applicant's various representations mentioned herein this OA pertaining to his long pending medical reimbursement claim etc. leading to harassment victimization of the applicant and how his medical reimbursement claim has not yet been settled despite being in order, in nutshell entire record held by respondent Nos. 1, 2, 4 & 5;

(b) Direct the respondents to settle the applicant's claim as per existing guidelines regarding settlement of full reimbursement claim by putting it before the appropriate Technical Standing Committee without any delay with a specific deadline to the respondents.

(c) Set aside and quash the impugned order particulars of which are given in para 1 of the OA [ANNEXURE A.1, A.2 and A.3] which have been passed by the respondents without taking into consideration the guidelines of Hon'ble Apex Court, OMs of MoHFW and applicant's request for grant of full reimbursement relaxing the rules.

(d) Exemplary damages to the applicant for his harassment humiliation and victimization for having requested the respondents repeatedly for settling the claim by quoting the non-compliance of MoHFW OMs, rules and provisions of DoPT, MHA, MOHFW, RTI Act and violations of decision of the Hon'ble Court/Tribunal as enumerated above. (e) Direct appropriate action against respondents for violating and ignoring the existing guidelines, decisions of the Hon'ble Apex Court and High Courts. (f) Direct the respondents to pay interest @18% per annum on the final sanctioned amount after the decision of Technical Standing Committee on applicant full reimbursement request.

(f) Cost of litigation may be granted to the applicant appropriately including mental agony and harassment. (g) Any other direction which the Hon'ble Tribunal may consider just and reasonable to secure the ends of justice. ”

2. Briefly stated, relevant facts are as under:-

The applicant claims that he is in Central Govt. Services since

2011. When the applicant was serving as Stenographer Gr. II in RRCAT, Dept. of Atomic Energy, Indore, he was being governed under CHSS (Contributory Health Services Scheme) and not by CGHS (Central Govt. Health Scheme). Thereafter, on his selection as Assistant Director (T/S) in level 10 in Central Hindi Training Institute, Coimbatore, he joined his duty there on 23.11.2020 (F/N). In Coimbatore, there is no CGHS facility or Wellness Centre and thus the applicant was governed under the CSMA Rules.

3. After joining the s

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