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Judgment
Manish Garg, Member (A)
By filing the instant OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants have prayed for the following reliefs:-
“A. Issue order or direction in the nature of mandamus, commanding/ directing the respondent to regular the services of the applicants on the post of Technical Officer (Dental)/Dental Technician at AIIMS, Rishikesh, District Dehradun respectively and not to disturb the applicants from their posts, and pay salary to them regularly month to month.
B. Issue any other suitable order or direction of any nature in favour of applicants, which this Hon'ble Central Administrative tribunal may deem fit and proper in the present circumstances of the case.
C. award the cost of original application in favour of applicants.”
Learned counsel for the applicants has drawn our attention to the order dated 4.3.2024 passed by this Tribunal in this case. For ready reference, the same is reproduced below:-
The applicants herein are stated to be working as Technical Officer (Dental) in AIIMS Rishikesh since the year 2016. By virtue of the present O.A. they seeks regularization of service.
Issue notice. Mr. T.C. Aggarwal, learned counsel, appears on behalf of respondent No. 1 and Mr. DS Shukla, learned counsel, appears on behalf of respondent Nos. 2 and 3. They accept notice.
Let reply be filed within four weeks. Rejoinder, if any, may be filed within two weeks thereafter.
Learned counsel for the applicants prays for urgent consideration of the applicants' prayer for interim relief as set forth in para 9 of the O.A. which reads as under:-
"During the pendency of present OA the learned Tribunal may kindly be pleased to direct or order to the respondent not to disturb the applicants from their posts, and pay salary to them regularly month to month during pendency of present original application."
Let learned counsel for the respondents take appropriate instructions on the said prayer or in the alternative file a short reply.
However, till the next date of hearing the respondents shall not take any coercive action which may be detrimental to the continuation of the applicants in their present position.
List for consideration of the applicants' prayer for interim relief on 20.03.2024. 8. List for completion of pleadings on 14.04.2024.”
Learned counsel for the applicants submits that the applicants have preferred a representation dated 14.6.2003, which has not seen the light of the day.
Learned counsel for the respondents has sought time to file appropriate response to the same.
However, keeping in view of the fact that the representation preferred by the applicants is pending consideration with the respondents, we deem it appropriate to dispose of this OA at this stage, as since the prayer made in the instant OA is regarding regularisation, we refrain ourself at this stage to adjudicate the claim of the applicants for regularisation, which is within the realm of the administrative scheme of the department, with a direction to the respondents’ competent authority to decide the same by passing a reasoned and speaking order within a period of 30 days from the date of receipt of a copy of this order. While passing the order on the said representation, principles of natural justice shall be followed.
Since the applicants have expressed apprehension of cohesive action against them, the interim order dated 4.3.2024 is to continue till the disposal of the aforesaid representation.
We make it clear that if the applicants are found entitled in terms of the representation so made, consequential relief may follow. Further the reasoned order is passed against the applicants, they shall always be at liberty to seek redressal in appropriate forum, if so advised, in accordance with law.
It is also made clear that while disposing of this OA, we have not entered into the merits of this case.
The present OA is disposed of in the aforesaid terms.