AI Structured Summary
Not yet generated for this judgment
Judgment
PER:- MR. KUMAR RAJESH CHANDRA, MEMBER[A]
Heard Learned Counsel for both the parties.
Learned Counsel for the applicants submits that the applicants had earlier approached this Tribunal by filing OA No. 508/2025, which was withdrawn on the ground that they had not availed of the remedy available to them under the relevant service rules. After withdrawal of the said OA, the applicants submitted a representation, which has been annexed as Annexure-A/3 to the present OA. In the said representation, the applicants had also brought to the notice of the competent authority that similarly situated employees had already been granted the benefit claimed by them on the basis of various judicial pronouncements.
Learned Counsel for the applicants further submits that the principle of natural justice would be satisfied if the competent respondent authority is directed to consider and decide the pending representation of the applicants dated 12.09.2025, annexed as Annexure-A/3 to the present OA, within a stipulated period and communicate the decision to the applicants by passing a reasoned and speaking order.
MA No. 445/2026 has been filed by the applicants seeking liberty to jointly pursue the present Original Application.
On being satisfied that the applicants have a common grievance and are pursuing a common cause of action, such liberty is granted under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987. MA No. 445/2026 is accordingly disposed of.
Learned Counsel for the respondents, who is present upon receipt of an advance copy of the OA, has not raised any objection to disposal of the present OA in the aforesaid manner.
In view of the submissions made by Learned Counsel for both the parties, the present OA is disposed of with a direction to the competent respondent authority to consider and decide the pending representation of the applicants dated 12.09.2025 (Annexure-A/3), in accordance with law, rules and procedure, within a period of 45 days from the date of receipt of a copy of this order, by passing a reasoned and speaking order. The competent respondent authority shall further communicate the decision so taken to the applicants.
Needless to mention that this Tribunal has not entered into the merits of the case, and all the issues raised by the applicants are left open for consideration by the competent respondent authority.
With the aforesaid directions, the OA stands disposed of.
MA No. 445/2026 also stands disposed of in terms of paragraph 4 of this order.
There shall be no order as to costs.