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Judgment
Hon’ble Mr. R. N. Singh, Member (J)
In the present O.A. filed under section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:
a. To direct the respondents (DSSSB) to accept the OBC certificate issued on 14/1/22 issued by NCT of Delhi in continuation of his father certificate issued on 08/7/2014, applying the ratio laid down in the case of RAM KUMAR GIJROYA VS GOVERNMENT OF NCT OF DELHI or in terms of directive of state policy alongwith others and there after applicant may be ordered to be offered the post of special educator (primary) in the interest of justice equity;
b. Allow the O.A. with all consequential relief(s).
c. Any other relief which this Hon’ble Tribunal deems fit and proper ma also be passed in the facts and circumstances of the case in favour of the applicants.”
Heard. Issue notice.
Mr. Amit Anand, learned counsel, who appears for respondents on advance service, accepts notice.
Learned counsel for the applicant submits that the claim as made in the present OA is squarely covered by the law laid down by the Hon’ble Apex Court in order/judgment dated 24.02.2016 in the case of Ram Kumar Gijroya vs. DSSSB & Another besides a few other judgments. He further submits that for redressal of his grievances, the applicant has preferred a representation dated 09.05.2022 (Annexure A-1), which is still pending consideration with the respondents.
At the outset, learned counsel for the respondents submits that the present OA is based on misconceived grounds and the same is not covered by the judgment referred to above by the learned counsel for the applicant including in the case of Ram Kumar Gijroya (supra).
At this stage, learned counsel for the applicant submits that the applicant shall be satisfied, if the present OA is disposed of at this very stage with a direction to the respondent No.3 to consider the applicant’s aforesaid pending representation dated 09.05.2022 and dispose of the same in a time bound manner.
I am of the considered view that if such request of the applicant is accepted, no prejudice is likely to be caused to the respondents.
In the facts and circumstances, without going into the merits of the case, the OA is disposed of with a direction to the respondent no.3 to consider the applicant’s aforesaid pending representation dated 09.05.2022 by passing a reasoned and speaking order as expeditiously as possible and preferably within six weeks from the date of receipt of a copy of this Order.
The O.A. is disposed of in the aforesaid terms.