CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH Reserved on : 8.5.2024 Pronounced on : 16.5.2024 Coram : Hon’ble Mr. Sudhi Ranjan Mishra, Member (J)

Ajay Kumar Nandy, aged about 62 years, S/o Late Lakshmi Narayan Nandy, at present residing at Plot No. 38, Sector-3, Niladrivihar, Bhubaneswar, District – Khurda, Odisha.

……Applicant VERSUS

1. Union of India, represented through the Development Commissioner, Ministry of MSME, O/o DC (MSME), Nirman Bhavan, New Delhi – 110011.

2. General Manager, Central Tool Room & Training Centre, B-

36, Chandka Industrial Area, Bhubaneswar – 751032.

3. The Secretary, Department of Expenditure, Ministry of Finance, Room No. 76, North Block, Jeevan Deep Building, New Delhi – 110001.

……Respondents For the applicant : In person For the respondents: Mr.G.K.Acharya, counsel Mr.G.R.Verma, counsel O R D E R Mr. Sudhi Ranjan Mishra, J.M.

The brief fact of the case as narrated by the applicant appearing in person is that he was working as Sr. Manager (Administration & Accounts) with the Central Tool Room & Training Centre, Bhubaneswar and was relieved from the post on superannuation w.e.f. 30.5.2020. But the respondents have not paid him the following dues :

i) DA balance 4% (17% to 21%) of the basic pay Rs.94,100 ii) PF deposit towards employer & employee contribution in the PF Account of the applicant.

iii) The incentive for the year 2019-20 as per CTTC Incentive Rules applicable for employees.

iv) Balance House Rent Allowance 16-8=8% for the month of February, March & April, 2020 applicable for Bhubaneswar city.

The applicant has submitted that while working as Sr. Manager (Administration & Accounts) he was issued transfer order dated 30.1.2020 by the then Managing Director when the applicant refused to sign the illegal bills. The applicant challenged the said transfer order in OA 55/2020 before this Tribunal and this Tribunal vide order dated 5.2.2020 ordered as follows:

“If no successor has joined in place of the applicant as against the post at Bhubaneswar from which he was relieved, then the said post be kept vacant and no coercive steps to be taken against the applicant till disposal and communication of order on the representation of the applicant has made for reconsideration of his transfer order.”

The applicant remained on leave and his leave applications were sanctioned and he was paid salary every month. This Tribunal vide order dated 28.5.2020 passed in MA 238/2020 directed the applicant to join on 30.5.2020 in CTTC, Bhubaneswar. The applicant joined on 30.5.2020 in CTTC, Bhubaneswar along with Medical Certificate issued by the Medical Officer, UPHC, Niladrivihar, Bhubaneswar and was relieved on the same date i.e. date of superannuation vide relieve order dated 30.5.2020. But he was paid 8% HRA applicable for Rayagada instead of 16% applicable for Bhubaneswar which is illegal, arbitrary and discriminatory in the eyes of law. Hence the applicant has filed the present OA seeking the following reliefs :

i) Direct/order the Respondent No.1, 2 & 3 to dispose of the representations of the applicant as at Annexure A/VII and pass necessary orders within a stipulated period as may be prescribed by this Hon’ble Tribunal for the interest of justice;

ii) Pass such other order(s) or directions as may be deemed fit and proper in the bona fide interest of justice and benefit of the retired person like applicant who is deprived of getting superannuation benefits.

2. The respondents have filed counter stating that the applicant earlier filed OA 580/2021 with a prayer to dispose of the representation dated 4.10.2021 wherein he had claimed retiral benefits such as DA, deposit of PF amount, gratuity, leave encashment, incentives and house rent allowance. The said OA was initially disposed of on 23.12.2021 without issuing notice to the present respondents, with a direction to the present respondents to dispose of the representation dated 4.10.2021 within three months. The present respondents on receiving the copy of the order dated