THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.17047 OF 2009 Dt.18.8.2009 Between: The Chief Postmaster General, A.P.Circle, Dak Sadan, Hyderabad-1 And others. … Petitioners And J.Rajarao … Respondent THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.17047 OF 2009 ORDER: (Per Sri Justice Vilas V. Afzulpurkar) Heard the learned counsel appearing for both the parties. The Chief Postmaster General, A.P.Circle, Dak Sadan, Hyderabad-I and two others filed this writ petition questioning the order of the Central Administrative Tribunal, Hyderabad Bench, in M.A.No.254 of 2009 in O.A.No.733 of 2008, dated 11.6.2008. The Tribunal, after hearing both the parties finally disposed of O.A.No.733 of 2008 by order, dated 21.11.2008 as hereunder: “Accordingly, the O.A. is disposed of directing the respondents to complete the enquiry within a period of four months from this day to enable the President to pass final orders within six months from this day failing which the respondents shall have to pay the retiral benefits pending the enquiry. The applicant shall co-operate with the enquiry officer to complete the enquiry within four months. The O.A. is disposed of accordingly. However, there shall be no order as to costs.” The petitioners thereafter filed an application in M.A.No.254 of 2009 bringing to the notice of the Tribunal that the enquiry was completed on 6.4.2009 and the enquiry officer has submitted his report on 28.4.2009 and the case was transferred to Postal Directorate on 13.5.2009 for further process. It was further submitted that the time granted by the Tribunal would expire on 20.5.2009 and hence extension of time by six more months was sought for. The said application has been considered by the Tribunal under the impugned order by granting two more months for completing the enquiry. The Tribunal further directed the petitioners to pay DCRG and leave encashment to the respondent pending final orders. Being aggrieved by the same, this writ petition has been filed as to the grant of two months against the request for grant of six months for completing the enquiry. We have heard the learned Assistant Solicitor General on behalf of the petitioners and the learned counsel for the respondent through caveat. The learned counsel for the petitioners submits that the aforesaid directions given by the Tribunal to pay the amount is contrary to Central Civil Services (Pension) Rules as well as Central Civil Services Leave Rules and he has placed reliance upon Rule 69 of Central Civil Services (Pension) Rules as well as Rule 39 (3) of the Central Civil Services Leave Rules. Per contra, the learned counsel appearing for the respondent submits that the respondent is entitled to at least leave encashment benefit in view of the fact that the enquiry is pending and it has been prolonging from time to time. We have considered the aforesaid submissions. It is to be noticed that the Tribunal has granted certain time for completion of the enquiry i.e., four months for completion of the enquiry and six months for the President for passing final orders, failing which the respondent is entitled to pay the retiral benefits pending the enquiry. The said time granted in the original order was extended by two more months under the impugned order. Therefore the default clause does not operate. Further the Tribunal has issued the aforesaid direction regarding the payment of money to the respondent in the application for extension of time moved by the petitioners herein and it is not as if the respondent herein has approached the Tribunal with a specific application. Therefore, the direction relating to the payment made in the impugned order is not sustainable as it is contrary to the original order in the O.A. itself. The contention of the learned counsel in that regard is therefore rejected. So far as the extension of the time is concerned, the learned counsel for the petitioners states that the enquiry has already been completed and the matter is receiving attention for passing final orders by the President and the present request for two more months from today being apparently reasonable as the enquiry has already completed. Therefore, we extend the time for passing final orders by two months from today, failing which the default clause of the order in the O.A., extracted above shall operate. The writ petition is disposed of accordingly. No order as to costs. ________________ V.ESWARAIAH, J. _______________________ VILAS V. AFZULPURKAR, J. 18.8.2009 kpr