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Judgment
A. Mukhopadhaya, Member (A)
(Through Video Conferencing)
Heard both learned counsels for the applicants as well as for the respondents.
At the outset, Shri Praveen Kumar, learned counsel for the applicants, while referring to the judgment/order dated 26.02.2021 of the Patna Bench
of this Tribunal in OA No. 148/2021-Rabindra Upadhyay v. UoI & Ors, and judgment / order dated 07.07.2021 of the Cuttack Bench of this Tribunal
in OA No. 151.2021 -Chhanda Charan Salma & Ors., (Annexure A-10 refers), submitted that since those OAs have addressed the identical issue, he
would be satisfied if a similar order is passed in this case. In this connection, applicant's counsel sought leave of the Tribunal to submit a fresh
representation incorporating all new developments in the matter within a period of two weeks to the respondents, and prayed that thereafter, the
respondents may be directed to consider and dispose of this representation within a reasonable timeframe.
At this, Shri Sharad Chandra Shukla, learned counsel for the respondents, while pointing out that the respondents had already filed their objections
on the maintainability of the OA, submitted that in case a fresh representation of the applicants is to be decided in the manner suggested, a period of at
least two months would be required for this.
Looking to the aforementioned position and the limited nature of the plea made by the learned counsel for the applicants, I deem it appropriate,
without entering into the merits of the case, to dispose of this OA at this stage itself, with a direction to the applicants to file a fresh comprehensive
representation in this matter before the respondents within a period of two weeks from today. In the event of such a representation being filed within
the stipulated period, the respondents shall consider and decide the same in accordance with law, by way of a reasoned and speaking order, within a
further two months of receipt of the representation.
Original Application is disposed of accordingly. Linked MAs also stand disposed of accordingly.
There will be no order on costs.
