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Judgment
JUSTICE RITU TAGORE, MEMBER [JUDL.]
The matter was listed today for filing of reply. Reply has not been filed by respondent. During the course of hearing, learned counsel for the applicant, after arguing the matter for some time, submits that the interests of justice would be adequately served if the present Original Application is disposed of with a direction to the respondents to treat the same as a representation and consider the applicant’s claims along with the documents annexed thereto, strictly in accordance with law and within a time bound period.
Learned counsel for the respondents submits that, without prejudice to their rights and contentions, the respondents have no objection if the present O.A. is treated as a representation and is disposed of in terms of the submissions advanced on behalf of the petitioner.
The case of the applicant as projected in the O.A. is that the applicant came to be appointed as a Class-IV employee vide Order No. 1971 dated 01.12.1990 and, since then, has been discharging his duties in the Respondents’ Department to their entire satisfaction. Despite having rendered several years of service in the Department, the petitioner was not granted any promotion. However, on 07.09.1999, the petitioner was granted the benefit of the 1st Time-Bound Promotion upon completion of nine years of service.
Thereafter, upon completion of eighteen years of service, the Petitioner was granted the benefit of the 2nd Time-Bound Promotion vide order dated 24.11.2011. Subsequently, the Petitioner was also granted the benefit of the 3rd Time-Bound/In-Situ Promotion vide order dated 16.12.2022. The Petitioner was accordingly extended the monetary benefits attached to the 3rd In-Situ Promotion by the competent authority, and the said benefits continued to be paid to him up to the year 2024.
Learned counsel for the applicant submits that the respondents arbitrarily withheld the benefits of the 3rd Time-Bound/In-Situ Promotion without passing any speaking order or assigning any reasons therefor. Not only were the said benefits withheld, but the respondents also illegally recovered the benefits already extended to the Petitioner towards the 3rd In-Situ Promotion from his salary. Thus, the petitioner, being aggrieved, made oral representations and raised objections before the respondents regarding the withholding and recovery of the said benefits. The respondents assured the petitioner that the benefits would be restored and the amount recovered from him would also be refunded; however, no action was taken in the matter.
It is further stated that the petitioner again approached the respondents and requested them to release the benefits of the 3rd Time-Bound/In-Situ Promotion along with the arrears withheld/recovered from him, together with interest, vide representation dated 08.12.2025. However, the said representation has neither been considered nor decided by the Respondents till date. Having left with no other efficacious remedy, the petitioner is constrained to approach this Hon’ble Tribunal by way of the present O.A.
Through the medium of the present applicant the applicant seeks a direction upon the respondents to release monetarily benefits, arrears of 3rd in-situ/time bound promotion granted in favour of the applicant vide order bearing No. 409 DHSK/NG of 2022 dated 16-12- 2022 along with interest applicable as per rules till date. He further sought a direction to the respondents to release illegally recovered monetarily benefits of the 3rd in-situ/time bound promotion granted vide order bearing No. 409 DHSK/NG of 2022 dated 16-12-2022 along with interest applicable as per rules from the salary of the Applicant by the Non-applicants arbitrary and illegally.
Learned counsel for the parties are ad idem that the present O.A. may be disposed of at this stage by treating the same as a representation.
Having considered the submissions made at the Bar and perused the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer made on behalf of the applicant.
Accordingly, without expressing any opinion on the merits of the case, the present O.A. is disposed of with a direction to the respondents to treat the present O.A. as a representation along with the documents annexed thereto, and consider and decide the claim of the applicant, particularly with regard to Annexure-4 (page 16 of the O.A.), within a period of six weeks by passing a speaking and reasoned order. While undertaking such consideration, the respondents shall examine the case of the applicant strictly in accordance with the applicable law, rules and regulations, keeping in view the merits of the case and the entitlement of the applicant, if any, subject to there being no other legal or factual impediment. The respondents are also directed to associate the applicant in the process of consideration and furnish a copy of the order passed thereon to him.
It is clarified that this Tribunal has not expressed any opinion on the merits of the claims or contentions raised by either side. All questions of fact and law are left open to be considered by the competent authority, in accordance with law.
Accordingly, O.A. No. 1458/2025 is disposed of along with the connected M.As., if any, parties are to bear their own costs.
Consign the file to the Record Room, after due compliance.