Deepak Chand vs General Manager, Northern Railway & Ors.

Shri Rama Kant Yadav, counsel for the applicant and Shri R.C. Sahu, counsel for the respondents are present and heard.

Counsel for the applicant submitted that the applicant was retired from the post of T.C./Commercial while working in the Office of Divisional Commercial Manager, Northern Railway, Lucknow on 31.08.2015. He submitted that the applicant’s main grievance is against the non-issuance of medical card. However, the applicant has also raised his grievance regarding non-fixation of salary as per recommendation of 6^th Pay Commission as well as 7^th Pay Commission. Therefore, he has moved the representation dated 31/05/2024 before the competent authority amongst the respondents for granting him the increments and further for payment of salary. He further submitted that the requisite amount for issuing medical was deposited by the applicant as Rs.9080/-, however, till date same has not been issued. Therefore, he is seeking direction upon the respondents’ authority to consider his pending representation dated 31.05.2024.

Counsel for the respondents vehemently opposed the contention of applicant’s counsel and submitted that the fixation of increment as well as 15 days’ salary is misconceived. However, the respondents are accepting non-issuance of medical card to the applicant in para-7 of the counter affidavit. He further submitted that if the applicant approaches to the office of respondents’ authority, in such a situation, the medical card will be issued in accordance with law.

In view of above submissions of counsel for the parties, I am of the opinion to dispose of the O.A. Accordingly, the applicant is directed to move a comprehensive representation before the respondents within two weeks from today with regard to non-issuance of medical card and appear before the authority concerned and thereafter the competent authority amongst the respondents is directed to consider the comprehensive representation so moved by the applicant, in accordance with extant rules, by passing a reasoned and speaking order within a period of three months from the date of receipt of comprehensive representation along with a certified copy of this Order. The decision so taken on the representation of applicant shall be intimated to him forthwith. With the aforesaid direction, O.A. stands disposed of. All the pending MAs shall be deemed to have been disposed of. No order as to cost.