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Judgment
Hon’ble Mr. R.N. Singh, Member (J)
By way of the present OA, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:
“(i)That the applicant may be declared eligible for counting of the past services rendered by the applicant in KVS and NVS. The Respondents may be directed to count the past services rendered by the applicant in KVS as PRT for the period from 10-09-1993 to 15-11-2001 and in NVS as PGT (Eng.) for the period from 19-11-2001 to 15-10-2012 by releasing the pro-rata DCRG liabilities.
(ii)That the Respondent No. 4 i.e. Commissioner NVS may be directed to i.e. release Pro-rata DCRG liabilities of the applicant Kendriya Sangathan (HQ), New Delhi for the Vidyalaya purpose of counting of past services rendered under Navodaya Vidyalaya Samiti as PGT (Eng.) for the period from 19-11-2001 to 15-10-2012 i.e. 10 years, 10 months 26 days.
(iii)That the respondents may be directed to count past services rendered by the applicant under KVS & NVS.
(iv)That any other order/ directions of relief bod may be granted in favour of the applicant which may be deemed just and proper under the facts and circumstances of this case.”
Learned counsel for the applicant submits that the impugned memorandum dated 15.05.2026 is illegal.
At the outset, Mr. Rajappa, learned counsel who appears for the respondents, raises a preliminary objection qua the maintainability of the OA. He submits that against the same respondents and for identical reliefs, the applicant had approached this Tribunal by way of OA No. 1011/2026, which was disposed of by the Tribunal vide order/judgment dated 18.03.2026 with a direction to the respondents to consider and dispose of the comprehensive representation preferred by the applicant within a period of 45 days. The impugned order dated 15.05.2026 has been passed by respondent Nos. 1, 2 and 3 herein in purported compliance with the directions of the Tribunal contained in OA No. 1011/2026 (supra). He further submits that it is the admitted case of the applicant that no order has been passed by respondent No. 4 herein, probably for the reason that the applicant has not made any representation before respondent No. 4. However, learned counsel for the applicant submits that the applicant has preferred a representation before Navodaya Vidyalaya Samiti, which is respondent No. 4 herein, as well and he has not received any order pursuant to such representation.
In view of the facts and circumstances, learned counsel for the applicant seeks permission to withdraw the present OA to avail the appropriate remedy, with liberty in accordance with law. Permission sought is granted.
The OA is accordingly dismissed as withdrawn, with liberty to the applicant to avail the appropriate remedy in accordance with law.