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Judgment
(Hon'ble Ms. Veena Kothavale, Member(J)
This Original Application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
“a)Issue a direction to the 2nd respondent to consider and dispose of the applicant's representations dated 11.09.2025, 30.10.2025 and 18.12.2025 on the merits and in accordance with the Ministry of Finance Office Memorandum and the Cadre Restructure Committee Report dated 16.11.2016 within a time frame as fixed by this Honourable Tribunal.
b)Direct the Respondents to grant consequential service and monetary benefits upon such merger/re-designation;
c)Pass such further or other orders as this Honourable Tribunal may deem fit and proper in the circumstances of the case and thus render justice".
Learned Counsel for the applicant submitted that applicant was appointed on a temporary basis on 13.11.2006 and his services were regularised on 13.11.2008 and he is working as Caretaker (Pathology) in JIPMER. The Ministry of Finance had issued Office Memorandums dated 30.06.1998 and 22.09.2008, directing that Caretaker posts be merged with the General Ministerial Cadre and that there should be no separate cadre of Caretakers. Despite the said directions, the applicant continued in the isolated post of Caretaker. Subsequently, JIPMER constituted a Cadre Restructure Committee, which, by its report dated 16.11.2016, recommended that the post of Caretaker (Pathology) be re-designated as Lower Division Clerk (LDC) in the same grade pay, considering that the post was an isolated cadre and the nature of duties was identical to that of an LDC. Though the recommendations of the Committee were implemented in respect of various other posts, the recommendation relating to the applicant's post was not implemented. The applicant therefore submitted representations dated 11.09.2025, 30.10.2025 and 18.12.2025 seeking merger/re-designation of his post with the General Ministerial Cadre, with consequential service and monetary benefits. The said representations were duly acknowledged but remained undisposed of. Therefore, the applicant has filed this OA seeking appropriate directions to consider and dispose of his representations in accordance with the applicable Ministry of Finance Office Memorandums and the JIPMER Cadre Restructure Committee recommendations.
Mr. M.T. Arunan, Ld. Counsel takes advance notice on behalf of the respondents and has no objection for issuance of direction as prayed for.
In view of the above, the O.A is disposed of at admission stage without entering into the merits of the case by directing the respondents to consider and dispose of the pending representations submitted by the applicant within a period of two months from the date of receipt of copy of this order.
The OA is disposed of accordingly at admission stage. No order as to costs.