Timely promotions and decisions following approval processes are critical for retired employees' benefits.

ORDER (ORAL)

Per: H on’bl e Smt. Urmi ta Dat ta (Sen) (J)

1. The applicant has filed this Original Application under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:-

“A. An order be passed directing the respondent authorities more specifically the respondent No. 5 to open the seal cover and to accord promotion to the applicant to the post of Superintending Engineer (Civil) and all consequential benefits.

B. An order be passed directing the respondent authorities to transmit the original records of the case before this Hon'ble court, so that after perusing the same conscionable justice may be rendered to the applicant.

C. Any other relief or relief's, order or orders, direction or directions as your Honour deem fit and proper.”

2. As per the applicant, he retired on 30.11.2015 while his promotion case nd as well as benefit of 2 MACP was considered by the DPC and kept in sealed cover. On 16.02.2018 (Annexure A-1), the respondents, i.e., Assistant Secretary (Vigilance), Andaman & Nicobar Administration Secretariat had issued No Objection in favour of the applicant since there was no criminal case pending against him. However, he was implicated in a criminal case in the year 2017. Subsequently, he was discharged from the same by Special Judge, Andaman & Nicobar Islands vide order dated 18.02.2022. However, after seven years of his retirement, the authority had issued show-cause notice to the applicant though in the meantime, he had made several representations to the authority for his promotion and pensionary benefit out of the same. It has been submitted that it has no relation with his service because such show-cause notice was issued after seven years from his service. He made several representations to the authority on 07.03.2022, 16.08.2023, 26.03.2022 and 15.07.2024 (Annexure A- 4 collectively) praying for opening of seal cover and consideration of his case. However, without any effect, being aggrieved with, he has filed the instant application.

3. During the course of hearing, Ld. Counsel for the applicant has fairly submitted that it would suffice the purpose of the applicant if the authority would be directed to take action as per their vigilance clearance report as well as the judgment of discharge of the applicant by Special Judge, Andaman & Nicobar Islands vide order dated 18.02.2022 treating this O.A as a part of it and communicate his decision within a stipulated period of time.

4. Ld. Counsel for the respondents has raised objection with regard to the delay in approaching this Court since he retired in the year 2015.

5. Heard the parties and perused the records.

6. It is noted that the applicant had retired in the year 2015 and has been granted vigilance clearance in the year 2018. As per the applicant, he has even been paid the pension and pensionary benefit but without the seal cover being opened.

7. In view of the above, the competent authority is directed to consider the representation of the applicant in the light of letter dated 16.02.2018 treating this O.A as a part of it and communicate his decision by way of a reasoned and speaking order with follow up action, if any, within a period of 02 (two) months from the date of receipt of the order, with follow up action.

8. It is made clear that we have not made any observation on the submissions made by either parties and not gone into the merits of the case.

9. Accordingly, the O.A is disposed of at admission stage with no order as to costs.