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Judgment
HON’BLE MR. JUSTICE ANIL KUMAR OJHA, MEMBER (J)
Heard learned counsel for the applicant, learned counsel for the respondents and perused the records.
Through CMA No. 1796 of 2026, applicant has prayed that respondents/ competent authority may be directed to consider and decide the case of the applicant in light of the judgments passed by Bangalore Bench of this Tribunal in O.A. No. 553 of 2020 in re: Vijaykumar S. Emmegol vs. Union of India & Ors. on 19.04.2023, (Annexure No. 1 to the M.A. No. 1796/2026), Principal Bench of this Tribunal in O.A. No. 35 of 2021 in re: Manish Kundnani & Ors. vs. Union of India & Ors. on 09.05.2023 (Annexure No. 2 to the M.A. No. 1796/2026), and Chennai Bench of the Tribunal in O.A. No. 536 of 2020 in re: M.N. Chandrasekar vs. Union of India & Ors. on 26.02.2024 (Annexure No. 3 to the M.A. No. 1796/2026) by passing a reasoned and speaking order within a stipulated period of time.
Learned counsel for the respondents opposed the aforesaid submissions, however, submitted that in case the applicant’s case is directed to be decided in the manner suggested, then at least two months’ time may be allowed for the same.
In view of the above, Respondents / competent authority are directed to decide the applicant’s case in light of the judgments passed by Bangalore Bench of this Tribunal in O.A. No. 553 of 2020 in re: Vijaykumar S. Emmegol vs. Union of India & Ors. on 19.04.2023, (Annexure No. 1 to the M.A. No. 1796/2026), Principal Bench of this Tribunal in O.A. No. 35 of 2021 in re: Manish Kundnani & Ors. vs. Union of India & Ors. on 09.05.2023 (Annexure No. 2 to the M.A. No. 1796/2026), and Chennai Bench of the Tribunal in O.A. No. 536 of 2020 in re: M.N. Chandrasekar vs. Union of India & Ors. on 26.02.2024 (Annexure No. 3 to the M.A. No. 1796/2026) within a period of two months from the date of receipt of certified copy of this order.
For avoidance of doubts, it is clarified that respondents shall determine the applicability of the aforecited judgments and similarly of facts of O.A. No. 553 of 2020 in re: Vijaykumar S. Emmegol vs. Union of India & Ors., O.A. No. 35 of 2021 in re: Manish Kundnani & Ors. vs. Union of India & Ors. and O.A. No. 536 of 2020 in re: M.N. Chandrasekar vs. Union of India & Ors. to the present case.
OA is disposed of in the above terms. There shall be no order as to costs. Pending MAs, if any, also stand disposed of accordingly.