Nand Ram Pal vs Union Of India & Ors.

Delivered by Hon’ble Mr. Rajnish Kumar Rai, Member (Judicial)

Shri Rajesh Kumar, counsel for the applicant and Ms. Shikha Dixit, counsel for the respondents are present and heard.

This O.A. has been filed for the relief regarding re-fixation of pay of applicant as Rs.25,500/- in level-4 and pay the arrears of pay and allowances. Counsel for the applicant submitted that the representation in this regard was moved by the applicant on 05.03.2022 in the office of respondents, which has not been decided so far.

Counsel for the respondents draws attention to para-16 of the counter affidavit wherein it has been stated that the applicant’s representation dated 05.03.2022 was decided by the respondents in the light of Railway Board’s instructions dated 26.10.2018, however, same is not on record.

Counsel for the both the parties have failed to place that order wherein decision has been taken by the respondents on the representation dated 05.03.2022 of the applicant.

Considering the nature of relief and remedies availed by the applicant, we are in opinion to dispose of this O.A. with direction to respondent No. 2/competent authority amongst the respondents to consider the representation of applicant dated 05.03.2022 and pass a reasoned and speaking order within a period of three weeks from the date of receipt of a certified copy of this Order. The decision so taken shall be intimated to them forthwith. If, the decision was already taken, copy of the same Order be served on the applicant forthwith. With the above directions, O.A. stands disposed of. No order as to cost. All the pending MAs shall be deemed to have been disposed of.