LAWS(MAD)-2015-9-551

UNION OF INDIA AND OTHERS Vs. D SOWBAGIAMANI

Decided On September 14, 2015
UNION OF INDIA AND OTHERS Appellant
V/S
D SOWBAGIAMANI Respondents

JUDGEMENT

(1.) Challenge in this Writ Petition is to the order of the Central Administrative Tribunal, Madras Bench in O.A. No. 738 of 2013 dated 30.10.2014 by which, the Central Administrative Tribunal, Madras Bench, has directed the writ petitioners to make payment of monthly pension including the arrears due, within three months from the date of receipt of the said order. The Central Administrative Tribunal, Madras Bench has made it clear that if the payment of arrears is not made within the said period, then, interest will be payable at 9% on the arrears, from the period due and payable, till the date of actual payment. It has also made clear that it would be open to the writ petitioners to take any action as per law, depending upon the outcome of the verification of the community certificate.

(2.) Facts leading to the writ petition are that Department of Telecommunications (DOT, in short) now BSNL, invited applications for the post of Telephone Operator, for vacancies, of the year 1977. The first respondent had applied for the said post under ST quota and selected, subject to verification of community status. The Divisional Engineer (Phones), Erode has forwarded her certificate to the District Collector, Dharmapuri for verification. According to the first respondent, responding to the request, the District Collector, Dharmapuri has confirmed the issuance of Konda Reddy ST Community Certificate. After confirmation, she was permitted to join duty on 19.06.1979.

(3.) Before the Central Administrative Tribunal, Madras Bench, the first respondent has further contended that in 1981, her community certificate was once again forwarded to the District Revenue Officer, Dharmapuri. Without any intimation, the said Officer conducted an enquiry and vide his letter dated 22.12.1981, informed the Department of Telecommunication, that the first respondent does not belong to ST Community and that the Certificate produced by her was false.