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Judgment
Hon’ble Dr. Anand S Khati, Member (A):):-
In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:
“8.1To direct the respondents to convene a Review DPC for vacancy year 2019 under 20% NFSC quota and consider the applicant for promotion to the post of Leading Fireman in accordance with seniority--cum-fitness and if found fit then to promote the applicantto the rank of Leading Fireman w.e.f. with effect from the date on which immediate junior was promoted with all consequential benefits including seniority & promotion and pay & allowances.
8.2To direct the respondents to consider and dispose of the representations of the applicant (Annexure A-1 colly) by passing a reasoned and speaking order within a time-bound period Or/and Any other relief which this Hon'ble court deems fit and proper may also be awarded to the applicant.”
The present Original Application has been filed by the applicant challenging his alleged illegal supersession for promotion to the post of Leading Fireman under the 20% NFSC quota for the vacancy year 2019, despite being senior, eligible and qualified, while his juniors were promoted without any finding of unfitness. Learned counsel for the applicant submits that the applicant submitted various representations dated 13.03.2020, 18.09.2020, 09.11.2021, 16.01.2023, 05.12.2025 and 02.03.2026 (Annexure A1 colly). However, the respondents have not considered the same. He further submits that the applicant would be satisfied if a direction is issued to the respondents to consider and dispose of the pending representation of the applicant dated 02.03.2026 (Annexure A1 colly), which is self explanatory by passing a reasoned and speaking order within a stipulated time frame.
Ms. Purnima Maheshwari, learned counsel, appears on behalf of the respondents. She seeks some time to take appropriate instructions in the present matter.
In view of the limited prayer made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to the respondents to consider and decide the pending representation of the applicant dated 02.03.2026 (Annexure A1 colly), by passing a reasoned and speaking order, strictly in accordance with law, within a period of six weeks from the date of receipt of a certified copy of this order.
The O.A. stands disposed of in the aforesaid terms, without entering into the merits of the case. Pending MAs, if any, shall also stand disposed of accordingly. There shall be no order as to costs.