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Judgment
Per: Hon’ble Smt. Urmita Datta (Sen), Member (J)
Heard Ld. Counsel for both sides.
The applicants have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“A. Pass an order directing the Respondent authorities for considering their legitimate claim for release of arrears, seniority, pensionary benefits, annual increments and other consequential service benefits from the date of their initial appointment, for the Applicants;
B. An order be passed directing the respondents authorities to frame the recruitment rules for the post of Choudhary regularizing the service of the applicants from the date of initial appointment by creating promotional avenues as per the Andaman & Nicobar Land Revenue and Land Reform Regulations, 1966 and thereby extending the financial benefits to the applicants by releasing the arrears from the date of initial appointment;
C. Pass an order directing the Respondent authorities to recognize and count the service rendered by the Applicants from the date of their initial appointment as Choudharys, in accordance with the applicable rules and judicial directions, and extend all consequential service and financial benefits arising therefrom;
D. Pass an order directing the Respondent authorities to extend to the Applicants all consequential benefits from the date of their initial appointment as Chowdharys, including seniority, pay fixation, annual increments, pensionary, retiral benefits and other service benefits, as admissible under law;”
M.A. No. 351/829/2026 for joint prosecution under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987 is allowed. Accordingly, the applicants are allowed to pursue the remedy jointly.
Ld. Counsel for the respondents has raised objection on the point of limitation.
The applicants have filed one M.A. for condonation of delay. In this regard, Ld. Counsel for the applicants has submitted that since the applicants are asking for extension of similar benefits extended to the applicants by this Tribunal in O.A. No. 351/384/2018/AN vide order dated 18.06.2025 which has been further affirmed by the Hon’ble High Court vide judgment dated 02.03.2026 in WPCT No. 48 of 2025 and WPCT No. 60 of 2025, the delay may be condoned.
However, Ld. Counsel for the respondents has submitted that the order of this Tribunal dated 18.06.2025 which had been affirmed by the Hon’ble High Court has been assailed before the Hon’ble Apex Court in Diary No. 45290/2026. Let the copy of the status report in this case which is pending before the Hon’ble Apex Court be kept on record.
Considering the aforesaid submissions, the delay is condoned. Accordingly, M.A. No. 351/860/2026 filed for condonation of delay is allowed.
During the course of hearing, Ld. Counsel for the applicants has fairly submitted that it would suffice the purpose of the applicants if the competent respondent authority would be directed to consider their case treating this O.A. as their representations and communicate his decision within a stipulated period of time.
Ld. Counsel for the respondents submits that they have no objection for consideration of the case of the applicants.
In view of the above, we deem it fit to dispose of this O.A. at admission stage, with a direction upon the competent respondent authority to consider the Original Application as the representation of the applicants and communicate their decision by way of a reasoned and speaking order to the applicants within a period of 03 (three) months from the date of receipt of a certified copy of this order.Central Administrative Tribunal
It is made clear that we have not observed anything on the merits of the case.
Accordingly, the O.A. stands disposed of at admission stage with no order as to costs.