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Judgment
Per: Mr. Kumar Rajesh Chandra, Member (A):
Learned counsel for the applicants and learned counsel appearing for the respondents are present. Heard both sides.
Learned counsel for the applicants submits that the seniority list, which constituted the basis of the grievance raised in the present Original Application, has subsequently been revised in the year 2018. He further submits that consequent upon such revision, applicant No. 4, namely, Sunil Kumar Srivastava, who continues to be in service, has already been granted promotion and, to that extent, the grievance originally raised in the present OA no longer survives in the same form.
Learned counsel for the applicants further submits that, in view of the subsequent revision of the seniority list and the consequential change in the circumstances, the applicants do not wish to pursue the present OA in its existing form. He, therefore, seeks permission to withdraw the present OA with liberty to avail of an appropriate remedy, including filing of a fresh Original Application, in accordance with law, in respect of any surviving grievance.
Learned counsel for the respondents has no objection to the withdrawal of the present OA and to the grant of liberty, subject to the applicants being governed by the applicable provisions of law.
In view of the aforesaid submissions, the present Original Application is dismissed as withdrawn, with liberty to the applicants to avail of such remedy as may be available to them in law, including filing of a fresh Original Application.
It is made clear that since this O.A. is being withdrawn by the applicants, therefore, this Tribunal has not expressed any opinion on the merits of the claims in this O.A. or the issues sought to be raised in any future proceeding. The question of maintainability, limitation, cause of action, entitlement to promotion or any other consequential relief shall remain open for consideration in accordance with law, if and when raised in an appropriate proceeding.
All pending Miscellaneous Applications, if any, stand disposed of accordingly.
There shall be no order as to costs.