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Judgment
ORAL ORDER
In the instant OA, the applicant seeks the following relief:
"to direct the respondents to refix the last drawn pay of the applicant's husband by grant of ACP and MACP benefits along with annual increments and calculate and disburse the arrears of pension, gratuity, EL encashment and family pension on such refixed pay in the light of the orders passed by the Madras High Court in WP.No. 28498 of 2023 and the representation dated 11.03.2026 submitted by the applicant within a time frame to be fixed by the Tribunal and pass such other order or orders as may be deemed fit and thus render justice.”
2. Central Administrative TribunalBrief facts of the case as submitted by the applicant are as follows: The applicant's husband joined the service as Sepoy in 1975 and got promoted as Havildar in 1987. The applicant's husband belonged to the Kattunaicken community which is classified as a Scheduled Tribe under the Constitution (Schedule Tribes) Order, 1950. On 30.03.2007, the applicant's husband was terminated from service based on the adverse report issued by the District Level committee. By orders dated 24.10.2019, the State Level Committee confirmed the applicant's husband's caste status as Kattunaicken Community (ST). On 01.12.2022, the applicant's husband died. The applicant made representations requesting the respondent to grant her all unpaid benefits including salary and pension arrears and also family pension to her. As there was no response, the applicant filed WP.No. 28498 of 2023 before the Hon’ble Madras High Court. The Honble High Court, after taking note of the orders of the State Level Committee in favour of the applicant's husband, allowed the Writ Petition vide orders dated 27.03.2024 with direction that the applicant's husband shall be notionally reinstated with effect from 31.03.2007 up to 29.02.2016 and directed to grant all monetary and attendant benefits to the applicant. Based on the order, the applicant was issued with pension arrears, gratuity, leave salary and family pension. Applicant's husband has rendered 41 years of service starting from 1975 up to February 2016 and during that period he is entitled to ACP and 3rd MACP benefits. The applicant submits that her husband's pay was not fixed in the correct stage by granting him ACP, 3rd MACP benefits and annual increments for the period he was wrongfully terminated from service. She made representation seeking to re-fix her husband's salary by granting himCentral Administrative Tribunal all the benefits he is eligible which is still pending for consideration. Hence the applicant has filed this OA seeking the above relief.
Heard the learned counsel for the applicant and Mr. M. Kishore Kumar, SPC who takes notice on behalf of the respondents.
It is submitted that the applicant has made representation to the respondents on 11.03.2026 (Annexure A-13) and till now the respondents have not passed any order. Therefore, he pleaded that an appropriate direction to be issued to the respondents to dispose of the representation within a time frame to be fixed by this Tribunal, which will suffice at present.
In view of the limited relief sought and to meet the ends of justice, it is appropriate to direct the competent authority among the respondents to consider the representation of the applicant dated 11.03.2026 (Annexure A-13) and pass an appropriate speaking and well-reasoned order within a period of three months from the date of receipt of copy of this order. It is made clear that this Tribunal is not entering into the merits of the case at this stage.
With the above direction the OA is disposed of, at the admission stage.