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Judgment
Per: Dr. Lata Baswaraj Patne, Judicial Member.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
“a) To direct the respondent authorities to consider the representations of the petitioner and to allow the petitioner to switch over the Old Pension Scheme.
b)To set aside and or quash the reply dated 11.12.2023 vide EC/TRD/Switch Old Pension/E-18TR/2023 issued by the Assistant Personnel Officer-II.
c)To direct the respondent authorities to consider and pass a reasoned Order in connection with the application made by the petitioner dated 30.05.2020, 31.05.2021, 07.12.2021, 07.06.2023.
d) Any other order or orders as the Hon’ble Tribunal deem fit and proper”.
Ld. Counsel for the respondents Ms. E. Banerjee is present and heard. None appears for the applicant.
Ld. Counsel for the respondents opposes the relief on the ground that applicant is not at all entitled to claim such benefit.
We agree to the ratio laid down by the Hon’ble Supreme Court in the case of Union of India vs. C.S. Lalitha (2006) 2 SCC 747.
Considering his relief, the fact that the applicant has submitted his representations continuously from 2020 onwards will not extend the cause of limitation automatically. However, without going into the merit, and, with limited relief, the respondents are directed to examine, consider and pass a reasoned and speaking order within a period of 04 months from the date of receipt of this order. However, the law of limitation is kept open.
The Original Application is accordingly disposed of. All pending applications are also disposed of. There shall be no order as to costs.
