Abhay Kumar & Ors. vs Union Of India & Ors.

Hon’ble Mr. R. N. Singh, Member (J):

The applicants, 12 in number, have filed the present OA seeking the benefit of judgment of this Tribunal dated 30.09.2020 passed in OA No. 1178/2018 titled Surender Singh & Ors. vs. Ministry of Finance.

Learned counsel for the applicants, Sh. Ajesh Luthra submits that the said order/judgement dated 30.09.2020 was passed by this Tribunal taking into account the respondents’ own decision dated 26.05.2020. Sh. Ajesh Luthra further submits that to seek benefit of the judgment under reference, the applicants have made various representations i.e. 15.10.2020, 16.10.2020, etc. (Annexure A-10). However, the said representations have not been considered and disposed of by the respondents till date. The applicants have also filed MA No. 2627/2020 seeking permission of this Tribunal to file the present OA jointly.

Issue notice.

Sh. Piyush Gaur, learned senior central government counsel, who appears on advance service, accepts notice on behalf of respondents. He submits that he is having instructions to seek time to file reply in the matter. However, learned counsel for the applicants submits that the applicants will be satisfied if the present OA is disposed with direction to the respondents to consider the applicants’ aforesaid representations and to dispose of the same by passing an appropriate speaking and reasoned order in a time bound manner.

We have considered the submissions made by the learned counsels for the parties. We are of the considered view that if the request of the applicants to dispose of the OA at this stage with direction to the respondents to consider the aforesaid representations is accepted, no prejudice will be caused to the respondents. The respondents can well communicate their decision about the claim of the applicants in their speaking order. Learned counsel Sh. Ajesh Luthra also submits that the applicants are similarly placed and the relief sought by them are also identical.

In view of aforesaid, MA No. 2627/2020 seeking permission to file the present OA jointly, is allowed. Further, without going into the merits of the claim of the applicants, the present OA is hereby disposed of with direction to the respondents to consider the aforesaid representations of the applicants (Annexure A-10) and to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within ten weeks from the date of receipt of a copy of this order. The OA is disposed of in the aforesaid terms. No order as to costs.