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Judgment
By Hon’ble Dr. Chhabilendra Roul, Member (A):-
Present OA has been filed by the legal heirs of the deceased Late Shri Neeraj, seeking regularization of deceased employee while he served with the respondents till his death on 31.03.1998. The applicants have given representation dated 07.05.2026 to the respondents. However, the respondents have not given any response to the said representation. Being aggrieved, the applicants have preferred the present OA seeking the following reliefs:-
“8.1Issue an appropriate order or direction, directing the Respondents to treat Late Sh. Neeraj as regularized in service with effect from the date he became eligible, in terms of the applicable policy/Order dated 27.08.2013 i.e. (regarding regularization of substitute/Daily Wager Safai Karamcharis engaged from 01,04.1996 to 31.03.1998, after converting them into Daily Wager w.e.f. 31.03.1998, in the pay-scale of Rs. 2550-3200, (pre-revised) w.e.f. 01.04.2004) and in parity with similarly situated employees;
8.2Direct the Respondents to fix and re-fix the pay of Late Sh. Neeraj on the regular pay scale from the date of such deemed regularization, along
8.3Direct the Respondents to compute and release the entire differential arrears of salary, including increments, revised pay, and all consequential monetary benefits accrued during the period 1996-2020, along with interest @9% per annum (or such rate as this Hon'ble Tribunal deems fit);
8.4Direct the Respondents to recalculate and disburse all retiral/death benefits, including gratuity, leave encashment, pensionary/terminal dues, on the basis of the revised and regularized pay of the deceased employee.
8.5Award costs of the present proceedings in favour of the Petitioners; and
8.6Pass such other and further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case.”
The Registry has raised objected for admitting the present OA on the ground that representation has been submitted by the applicant on 07.05.2026 and period of six months has not elapsed as yet. As the present matter pertains to the service benefits of a Class-IV employee who expired after rendering a significant period of service with the respondents, the matter requires sympathetic consideration by the respondents. In view of the above, the objection raised by the Registry is overruled. The Registry is directed to assign an appropriate number to the present application.
Issue notice. Mr. Aman Oberoi, learned counsel, who appears for respondents on advance service, accepts notice. He raises preliminary objection regarding admissibility of the present OA on account of limitation. He further submits that the alleged representation dated 07.05.2026 might not have been submitted to the respondents as there is no acknowledgment from the respondents.
At this stage, learned counsel for the applicants submits that the applicants will be satisfied if direction may be issued to the respondents to dispose of their pending representation dated 07.05.2026 by passing a reasoned and speaking order in a time bound manner.
In view of the present facts and circumstances of the case, the present OA is disposed of with direction to the respondents to treat the present OA as fresh representation of the applicants and decide the same passing a reasoned and speaking order within a period of eight weeks from the date of receipt of a certified copy of this order. We make it emphatically clear that we have not examined or expressed any opinion with respect to the merits of the case as well as aspect of limitation.
The OA is disposed of in the above manner. Pending MA , if any, also stands disposed of accordingly. No order as to costs.