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Judgment
The applicant has filed the present OA, seeking the following reliefs:-
"(i) Quash and set aside the action of the Respondent No.3 as is contended in their communication dt. 08.2.2017 (Annexed as Annexure A-1) alongwith their communication dt. 31.12.2009 whereby remitting withheld amount Rs.40000/- being compensatory allowance pertaining part amount in payment foreign allowancing for duty rendered at Myanmar.
(b) Direct also to the respondents no.3 and 5 to refund the withheld amount of Foreign compensation allowance paid for Foreign assignment at Myanmar amounting to Rs.40000/- illegally adjusted against Licence Fee, wrongly exhibited outstanding against the applicant to the tune of Rs.1,77,854/-
(c) Direct also the Respondents No.3 to 5 to produce before the Hon'ble Tribunal details of recovery made from the applicants pay and allowances on account of licence fee by the CDA (BR) New Delhi during the period the applicant was remained posted in Myanmar on Foreign assistance w.e.f. Sept. 1997 to 23.01.2000.
(d) Pass any order or direction as deemed just and proper in the facts and circumstances as per law laid down in the matter and also grant the cost of this OA by imposing the same upon the defaulting Respondents to be made payable to the Applicant."
On previous date, i.e., 27.09.2019, counsel for the applicant had stated that the applicant of this OA had passed away and he needs to ascertain whether anybody is interested in substituting the applicant as a legal heir and wants to pursue this matter. But no information/reply has been given by him. It is also noticed that for the last many dates, i.e., 22.01.2019, 12.03.2019, 11.04.2019, 17.05.2019, 05.08.2019 and 03.09.2019, nobody had been appearing for the applicant. Today also, nobody appears for him even in revised call. Hence, in view of the continuous absence of the applicant and non prosecution of the case, the OA is dismissed in default and for lack of prosecution. No order as to costs.