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Judgment
ORDER
By Hon’ble Mr. Rajnish Kumar Rai, Member (J): Mr. Dharmendra Tiwari along with Mr. Rakesh Srivastava, learned counsel for the applicant, and Mr. Chakrapani Vatsyayan, learned counsel appearing for the respondents, are present and heard.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following reliefs:-
“ i) to issue an order or direction commanding the respondent to fix the pay of applicant under CCS(RP) Rules 2016 as per option re-exercised to fix the pay under FR 22(1)(a)(1) with effect from 01.07.2016 with all consequential benefits.
ii) Issue an order or direction of suitable nature which this Hon'ble Tribunal may deem fit and proper under the facts and circumstances of the case.
iii) Cost of proceeding be awarded to the applicant.
Learned counsel for the applicants submits that the applicants are similarly situated and their grievance is for grant of pay fixation under the CCS (RP) Rules, 2016, as per the option exercised by them for fixation of pay under FR 22(1)(a)(1) w.e.f. 01.07.2016. Learned counsel for the applicants submits that an identical issue with regard to fixation of pay under FR 22(1)(a)(1) has been raised by the applicants on the ground that the Ministry of Finance issued O.M. dated 15.04.2021, vide which further opportunity was granted to exercise the option for pay fixation, as earlier allowed vide O.M. dated 28.11.2019, within three months. Learned counsel for the Central Administrative Tribunalapplicants submits that all the applicants have exercised the said option and the cases were forwarded to the competent authority; however, the same were rejected on the ground that the judgment passed by the Chandigarh Bench of this Tribunal in OA No. 1210 of 2024 dated 23.03.2026 is not a judgment in rem but in personam. Learned counsel for the applicants submits that since the applicants are similarly situated employees and the issue has been settled by the Chandigarh Bench, which has been complied with by the respondents, they are seeking similar benefits, for which they have raised their grievance subsequently vide representations dated May 2026, which are annexed as Annexure A-7 to the OA.
On the other hand, learned counsel for the respondents seeks time to apprise this Court by way of instructions.
Considering the limited prayer made by the applicants, this Tribunal is of the view to dispose of the Original Application at the admission stage with a direction to the applicants to move a fresh representation before the competent authority, along with the relevant subsequent O.M.s as well as the judgment pronounced by the Chandigarh Bench in OA No. 1210 of 2024, within two weeks from the date of receipt of a certified copy of this order. On receipt of the said representation, the respondents/competent authority is directed to consider the same in accordance with law, keeping in view the facts and circumstances of the applicants’ case as well as the judgment passed by the Chandigarh Bench in OA No. 1210 of 2024, and pass a reasoned and speaking order within a period of three months from the date of receipt of the said representation.
Accordingly, the instant Original Application stands disposed of with the above-mentioned directions.
It is made clear that this Tribunal has not entered into the question of delay, laches, or the merits of the applicant’s claim. All issues are left open for consideration by the respondents.
All pending M.A.s, if any, stand disposed of. No order as to costs.