AI Structured Summary
Not yet generated for this judgment
Judgment
Hon’ble Ms. Manjula Das, Chairman
MA-2843/2021
This MA has been filed under Rule-4(5)(a) of the CAT (Procedure) Rules, 1987 for joining together in a single OA. For the reasons mentioned therein, the MA is allowed and the applicants are permitted to join in a single OA.
OA-2222/2021
This matter relates to seniority from the initial date of appointment of the applicants in service. In this regard, they made representations to the Principal Secretary, Health & Family Welfare Department. The same have been forwarded by Dr. G.C. Malik, CDMO South District to the Director General health Services, Directorate of Health Services on 16.09.2019. Despite forwarding the same to the respondents, they have not yet been disposed of. Hence, the applicants have filed the present O.A. seeking the following reliefs:-
“(A)Direct the Respondents to apply the principles laid down in the Judgment of the Hon‟ble Supreme Court of India in the case of “Direct Recruit Class II Engineering Officer Association Vs. State of Maharashtra and Ors.” 1990 AIR 1607 and count the seniority of the Applicant since date of their initial appointment.
(B)Direct the Respondents to consider and grant the Seniority of the Applicants from the initial date of appointment i.e. the date on which the Applicants were appointed on contractual basis.
(C)Direct the Respondents to pay all consequential benefits w.e.f. the date of initial appointment i.e. the date on which the Applicants were appointed on contractual basis.”
We heard Mr. Sumit Kumar, learned counsel for applicants and Mr. H.A. Khan, learned counsel for respondents, at the stage of admission.
Learned counsel for the applicants submits that the applicants would be satisfied, if the respondents are directed to take a final decision in the matter and to pass a reasoned and speaking order on their representations, in a time bound manner. We deem it fit and proper, as there is no objection to this by Mr. H.A. Khan, learned counsel for the respondents.
In view of that, the O.A. is disposed of, at the admission stage itself, without going into the merits of the case, with a direction to the respondents to dispose of the pending representations of the applicants, which have been forwarded by the department to the higher authority i.e. respondent No.2, vide letter dated 16.09.2019, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order. It is made clear that whatever decision is arrived at by the Competent Authority, that should be reasoned and speaking, and the same shall be communicated to the applicants forthwith. Liberty is, however, granted to the applicants to approach this Tribunal, if their grievances still subsists.
There shall be no order as to costs.