GENERAL MANAGER TELEPHONES AHMEDABAD Vs. V G DESAI

JUDGEMENT

(1.) Special leave granted.

(2.) V. G. Deasi, respondent No. 1, was appointed as Telephone Operator in the Telephone Department of the Government of India on August 30,1948. He was promoted as Inspector with effect from November 12, 1959 in the said department. By order dated February 28, 1970, he was transferred from the office of Divisional Engineer Telegraphs, Baroda to the office of Divisional Engineer Telegraphs Rajkot at Kandla. He did not join at the place of posting and remained on leave. Ultimately he submitted an application Dated September 25,1971 whereby he sought further extension of leave for 60 days and also sought retirement on medical grounds. By application dated October 19, 1971, he requested the Divisional Engineer, Telegraphs, to accept his resignation with immediate effect. Since a vigilance case was pending against him since September 25, 1971, the said request of resignation was not accepted.

(3.) In the departmental proceedings which were taken against him the punishment of censure was imposed on him on March 20, 1972, On August 1, 1980, he sent another letter requesting that his retirement case be settled and his GPF be released. Since no action was taken on the said letter, he filed a writ petition in the Gujarat High Court. After the Constitution of Central Administrative Tribunal (hereinafter referred to as 'the Tribunal'), the said writ petition was transferred to the Tribunal and it was registered as TA No. 109 of 1986. The said application was disposed of by the Tribunal by Judgment Dated November 30, 1987. The Tribunal was of the view that after the award of the punishment of census on March 20, 1972, there was no reason why the authorities could not have decided on the letter for retirement on medical ground submitted by the respondent. According to the Tribunal, if the question of withholding any part of pension or retirement benefits or GPF on account of the punishment imposed upon him arise, this should also have been decided immediately after 1972. In view of the delay on the part of the authorities in dealing with that request of the respondent to release his pensionary benefits, arrears of pay, GPF etc. the Tribunal gave the following direction :-