Tribunals and CommissionsSingle Bench(2023) 05 CAT CK 0919

Naumi Nath & Ors. vs The Union Of India & Ors.

Central Administrative Tribunal · Decided on 2 May 2023

HON’BLE JUDGES
Dr. Sanjiv Kumar, Member (A)
CASE NUMBER
Original Application No. 1227 of 2012

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Judgment

6 paragraphs · 285 words

O R D E R

This original application has been filed under section 19 of Administrative Tribunals Act 1985 seeking relief to direct the respondents to consider the case of the applicants so that they may be governed by the provisions of defined benefit pension scheme applicable to government servant up to 31.12.2003. Prayer has also been made for a direction to the respondents to decide undated representation of the applicants (Annexure A-4 of OA).

2.

A perusal of relief clause reveals that the second relief of the applicants is to give direction to the respondents to decide their representation, but it is not clear as to whether it has been received by the respondents or not. However, in the fitness of things, it will be right to give opportunity to the respondents to act upon the said representation (Annexure A-4). Hence, without entering into merits of the case, the competent authority amongst the respondents is directed to examine the case of the applicants in detail and consider their representation filed at Annexure A-4 of the OA and pass a speaking order within a period of four months from the date of receipt of certified copy of this order and an application from the applicants as mentioned in para 3 below. The copy of speaking order be given to the applicants forthwith.

3.

The applicants are directed to file a copy of representation at Annexure A-4 as well as supporting documents alongwith copy of this order before the competent authority within 15 days of this order.

4.

With the above directions, the OA is disposed off. No order as to costs.

5.

All pending MAs, if any, in this O.A are also stand disposed off.