Dr. Devabrata Sinha vs National Institute Of Health And Family Welfare And Anr.

Siddharth Mridul, J

The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic.

The present writ petition filed under Article 226 & 227 of the Constitution of India assails the order dated 06.09.2018 passed by the learned Central

Administrative Tribunal, Principal Bench, New Delhi in O.A. No.1926/2017 titled as ‘Dr. Devabrata Sinha vs. National Institute of Health & Family

Welfare’, whereby it was directed as follows :-

“a) The applicant shall make a comprehensive, representation to the respondent within a period of two weeks from today, seeking

special dispensation for grant of pension to him by relaxing the qualifying years of service.

b) The respondent shall consider such representation and decide it within a period of four weeks thereafter by passing a speaking and

reasoned order. While doing so, the respondent shall keep in mind the judgment of Hon'ble Apex Court in C. Jacob (supra), under

intimation to the applicant.

c) In case the applicant remains dissatisfied by the order to be passed by the respondent, he shall have liberty to take recourse to

appropriate remedy, as available to him under law.â€​

In compliance with the directions issued in paragraph (a) hereinabove, the petitioner filed a comprehensive representation with the official

respondents; which representation was rejected by the official respondents vide speaking order dated 11.03.2019.

It is observed that the said order passed by the official respondents on the detailed representation made by the petitioner herein has not been

assailed by the latter in terms of the liberty granted to him in terms of the paragraph (c) of the impugned order dated 06.09.2018.

In view of the foregoing, learned counsel appearing on behalf of the petitioner seeks leave to withdraw this writ petition with liberty to assail the

order passed by the official respondents dated 11.03.2019 whereby his detailed representation was rejected, before the Central Administrative

Tribunal, in accordance with law.

Leave and liberty granted.

The writ petition is dismissed as withdrawn.

However, in view of the circumstance that the lis between the parties has been pending adjudication for some time and in the backdrop of the

circumstance that the petitioner is stated to suffer from locomotor disability upto be 80%; the Central Administrative Tribunal is requested to expedite

the hearing of the petitioner’s challenge to the said order dated 11.03.2019 after excluding the time taken in presenting the present proceedings

and condoning the delay caused thereby, expeditiously and preferably within a period of six months from the date of initiation of the proposed

challenge.

No further directions are called for.

With the above directions, the writ petition is disposed of.