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Judgment
As Per: Hon’ble Mr. Ajay Pratap Singh, Member (J)
M.A./4995/2026 – Application for exemption.
In view of averments made in the M.A. – application for exemption is allowed being just an exception.
Accordingly, M.A./4995/2026 stands disposed of.
O.A./3889/2026
Heard the parties.
The applicant is Ex-DTO and has invoked jurisdiction of this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs (as extracted from the O.A.) as under:-
“i)Direct the respondent to pay Gratuity, commutation of pension, with effect from 01-07-2026 along with interest @ 18 % pa, on delay payment.
ii) Direct the respondent to pay Leave Encashment amount along with interest with effect from 01-07-2026 along with interest @ 18 % pa, on delay payment and on each account, till realization.
iii) Direct the respondent to pay the interest on the delay payment of Pension for the entire period @ 18 % pa.
iv) Grant the cost of Litigation.
v)Any such further order as this Hon’ble court may deem fit and proper be also passed in favour of applicant.”
Learned counsel appearing for the applicant, after arguing for some time, submits that applicant would be satisfied if a direction is issued to competent authority amongst the respondents to consider the pending representation dated 10.08.2026 (Annexure A-1) and reminder dated 17.09.2026 (Annexure A-2) for release of retirement benefits and decide the same by passing a reasoned and speaking order in accordance with law.
Issue notice to the respondents. Mr. Shadab Hussain Khan, proxy counsel to Mr. H A Khan, learned counsel for the respondents appears on advance service and accepts notice on behalf of the respondents and service of notice to the respondents is waived of.
Mr. Shadab Hussain Khan, proxy counsel to Mr. H A Khan, learned counsel for the respondents, after arguing for some time, fairly submits that pending representation of the applicant dated 10.08.2026 (Annexure A-1) and reminder dated 17.09.2026 (Annexure A-2) shall be considered in accordance with law, if not already decided as expeditiously as possible.
Heard with consent. We have considered the matter. In view of above submissions and without expressing any opinion on the merits of the case. We deem it just and proper that principles of natural justice would be met and hereby direct competent authority amongst the respondents to consider and decide the applicant’s pending representation dated 10.08.2026 (Annexure A-1) and reminder dated 17.09.2026 (Annexure A-2) by passing a reasoned and speaking order within a period of four weeks from the date of receipt of a certified copy of the order passed today and communicate the same to the applicant at earliest possible date.
Needless to say, we have not expressed any opinion on the merits of the case and respondents are free to decide the pending representation of the applicant dated 10.08.2026 (Annexure A-1) and reminder dated 17.09.2026 (Annexure A-2) by passing a reasoned and speaking order in accordance with law.
In view whereof, present O.A. stands disposed of at admission stage itself in above indicated terms.
There shall be no order as to costs.