ORDER
V.K. Majotra, Vice-Chairman (A)
1. By virtue of this application applicants have sought grant of pro rata pension w.e.f. 1.11.1998, gratuity from initial dates of appointment, and counting service for pro rata in terms of Hon’ble Supreme Court’s orders dated 10.8.1993 in IA No. 3 in WP No. 6189-7044 – Chandrakant Jha and Ors. v. Union of India and Ors.
2. Applicant No. 1 who was present in person, was heard. He submitted that applicants No. 2 to 29 were serving with the Central Government. They submitted their technical resignation with option of pro rata pension w.e.f. 1.11.1998, but MTNL has not extended the benefit of counting service with the Central Government for purposes of pension and gratuity in respect of applicants. He submitted that applicants had submitted their representation Annexure A-7 dated 8.11.2005 seeking extension of pensionary benefits to canteen employees working in departmental canteens under MTNL, but respondents have not extended the said benefit to them. He further submitted that in similar OA No. 452/2006 vide Annexure A-8 dated 24.2.2006 notice has been issued to respondents.
3. It was pointed out to applicant No. 1 that with Annexure A-8 copy of the notice has not been attached. He stated that he does not have a copy of the notice.
4. Admittedly, the representation Annexure A-7 seeking extension of pensionary benefits to the canteen employees working under MTNL was submitted to Secretary, Government of India, Department of Personnel & Training (Pension) on 8.11.2005. It is stated that the same has not been decided as yet.
5. Sections 20(1) & (2)(b) and 21(1)(b) of the Administrative Tribunal read as follows:
20. Application not to be admitted unless other remedies exhausted – (1) A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances.
(2) For the purposes of Sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances, –
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(b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.
21. Limitation – (1) A Tribunal shall not admit an application, –
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(b) in a case where an appeal or representation such as is mentioned in Clause (b) of Sub-section (2) of Section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months.
6. Applicants have stated to have made a representation regarding their grievance on 8.11.2005. The provisions under Sections 20 and 21 ibid, which have been reproduced above, lay down that an application cannot be admitted unless a period of six months from making of the representation has expired. Furthermore, applicants are stated to be working still and have not retired from service.
7. In the light of the above discussion, it is clear that this application is premature. Dismissed, therefore.