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Judgment
Hon’ble Dr. Anand S Khati, Member (A):):-
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant hahas prayed for the following reliefs:
“(a)Directing the respondents to place the relevant records pertaining to the present O.A. before their Lordships for the proper adjudication in the matter in the interest of justice, and thereafter;
(b)Directing the respondent to consider the case of the applicant and grant all consequential benefits to the applicant on his appointment on being qualifying CFSL including Seniority and pay fixation of the applicant as per his merit at par with his batch-mates and arrears of pay difference from the date of appointment, after declaring the actions of the respondent ignoring the request of the applicant in such manner as illegal, unjust, arbitrary, malafide, unconstitutional, against the principles of natural justice, violative of articles 14, 16 & 21 of the Constitution of India and discriminatory also, submitted in the shape of representation dt. 17.06.25followed by representation dt. 23.12.25 addressing to the General Manager, Northern Railway, Baroda House, New Delhi as similarly situated person in OA No. 3321/2018 vide lordships Order dt. 11.01.24 has already been granted the consequential benefits squarely covering the case of the applicant.
(c)Allowing the O.A. of the applicants with all other consequential benefits and costs.
(d)Any other fit and proper relief may also be granted to the applicants.”
At the outset, learned counsel for the Applicant submits that the Applicant primarily seeks a direction to the Respondents to consider and decide his pending representation dated 20.09.2026 seeking appointment on compassionate grounds in place of his father, Late Shri Radhey Shyam, who had been serving as a Labourer (Group C) under the Respondents since 01.05.1992 and died in harness on 23.08.2016. Learned counsel further seeks liberty to submit a fresh, detailed representation along with the earlier representation and relevant supporting documents and case law. He submits that the Applicant would be satisfied if the Respondents are directed to consider and dispose of such representation by passing a reasoned and speaking order within a stipulated time.
Issue notice. Mr. H A Khan, learned counsel, appears and accepts notice on behalf of the respondents. He submits that he has not receive a copy of the O.A. and seeks some time to take appropriate instructions in the present matter.
Be that as it may, without entering into the merits of the case, the Applicant is granted liberty to submit a fresh, detailed and comprehensive representation, along with all supporting documents, relevant case law and his earlier representation dated 20.09.2026 (Annexure A-7), within two weeks from the date of receipt of a certified copy of this order. Upon receipt of the said representation, the Respondents shall consider and dispose of the same in accordance with law by passing a reasoned and speaking order within six weeks thereafter. It is made clear that this Tribunal has not expressed any opinion on the merits of the Applicant’s claim.
With the aforesaid directions, the Original Application stands disposed of at the admission stage. All pending MAs, if any, shall also stand disposed of. There shall be no order as to costs.