Laxmi Devi vs Union Of India And Ors

L. Narasimha Reddy, J

This OA is filed seeking the relief in the form of a direction to the respondents to grant the pay scale of Rs.5500-9000 to the applicant in terms of the circular dated 30.01.2003.

The respondents filed the counter affidavit and additional counter affidavit. According to them, the OM dated 30.01.2003 provided for a four tier structure for the post of Receptionist, namely, 1) Rs.5000-8000; 2) Rs.5500-9000; 3) 6500-10000; and 4) Rs.8000-13500 and that existing incumbents were entitled to be put in an appropriate scale on completion of residency period of 11 years. The respondents further stated that the first three scales have been merged into one of Rs.6500-10000 and its equivalent is in the Pay Band of Rs.9300-34800 with Grade Pay of Rs.4200/-. It is also stated that the applicant has been put in that scale through order dated 11.08.2014 w.e.f. 25.10.2007, on which date she had completed 11 years of residency period.

The matter has been argued at length by the learned counsel for the applicant and learned counsel for the respondents.

What we noticed is that the grievance of the applicant as it existed when the OA was filed, ceased to exist and the grievance as it stands now, if at all, is to be something different. When the same is pointed out, learned counsel for the applicant sought permission of the Tribunal to withdraw the OA without prejudice to the right of the applicant to pursue the remedy in accordance with law.

Permission is accorded. The OA is dismissed as withdrawn, leaving it open to the applicant to pursue the remedy as regards the grievance, if any. In case any representation is filed by the applicant, the respondents shall pass an order on the same within a period of two months from the date of receipt thereof.

MA if any shall stand disposed of.