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Judgment
Per: Hon’ble Dr. Lata Baswaraj Patne (J):
Ld Counsel for both the parties are present.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
“a)An order directing the respondents to treat the applicant as appointed as Telecom Technical Assistant w.e.f. 29.04.2006 from when his juniors namely Sri Anil Kumar Mahato and Sri Jitendra Kumar Singh were appointed as Telecom Technical Assistant and further directing them to grant all consequential benefits.
b)An order directing the respondents to step up the pay of the applicant on par with his Juniors namely Sri Anil Kumar Mahato and Sri Jitendra Kumar Singh from the date they have been drawing higher pay than that of the applicant with all consequential monetary benefits including arrears.
c)An order directing the respondents to produce/cause production of all relevant records.
d)Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”
Ld Counsel for the applicant submits that the applicant is a Non-Executive employee of Calcutta Telephones District now known as Kolkata Telephones District. He is holding the post of Junior Engineer. The applicant was initially appointed as a Group "D" Staff in the year 1998 and thereafter was promoted to the post of Telephone Mechanic. After corporatization of the Calcutta Telephones District as BSNL the applicant was absorbed in BSNL. The BSNL Authorities issued a Memo intending to fill up the posts of Telecom Technical Assistant through LDCE and applicant being duly eligible intended to participate in the said selection process but the same was denied by the BSNL Authorities. Being aggrieved with the same the applicant approached the Hon'ble High Court at Calcutta by filing a Writ Petition which was ultimately allowed and in the meantime by virtue of interim order of the Hon'ble High Court at Calcutta the applicant participated in the selection process. The BSNL Authorities filed an appeal against the order of the Hon'ble High Court passed in the Writ Petition filed by the applicant which was dismissed and against the said dismissal of appeal the BSNL Authorities filed a Review Petition which was also dismissed. Against order in appeal as well as the Review Petition the BSNL Authorities approached the Hon'ble Supreme Court of India by filing SLPs which were dismissed and thereafter Review Petitions filed by the BSNL Authorities before the Hon'ble Supreme Court of India were also dismissed. After dismissal of SLPs and Review Petitions, the applicant was granted promotion/appointment as Telecom Technical Assistant but he was granted seniority w.e.f. 03.08.2006 whereas his juniors were granted Seniority w.e.f. 29.04.2006 and as a result thereof they have been drawing higher pay than that of the applicant due to financial upgradations prior to the applicant. Although the applicant made representations against such anomalies, none of his representations was considered till date. Hence this OA.
Ld Counsel for the applicant submits that at this stage it would suffice the purpose if the respondents are directed to consider the pending representations of the applicant, treating this OA as a part of them.
Ld Counsel for the respondents submits that the OA is hopelessly barred by limitation and, therefore, the same should not be entertained.
Heard.
Since the applicant has made an innocuous prayer for consideration of his representations, we direct the competent respondent authority to consider the pending representations of the applicant, treating this OA as a part of them and to communicate the decision to the applicant, by way of, a reasoned and speaking order within a period of 04 months from the date of receipt of a certified copy of this order.
It is made clear that we have not gone into the merit of the case. All points for consideration are kept open.
Accordingly, the OA is disposed of. No cost.