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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:-
“i)An order / orders directing the respondent authorities to amend the recruitment rule in terms of the Office Memorandum dated 31.12.2010 and 08.05.2018 and modify the qualification criteria for the post of Assistant Fisheries Development Officer and Sub-Inspector of Fisheries.
ii) An order / orders directing the respondent authorities to fill up the posts of Assistant Fisheries Development Officer and Sub-Inspector of Fisheries after finalizing the issue relating to review of the recruitment rule.
iii) An order directing the respondent authorities to act in accordance with law.
iv) An order do issue directing the respondent authorities to produce the records of the case before this Hon’ble Tribunal so that conscious able justice may be done.
v)Such order or further order direction or directions, as Your Lordships deem fit and proper in the interest of justice.”
Ld. Counsel Mr. R. Kumar appears on behalf of the respondents and files his memo of appearance, which is taken on record.
M.A. No. 351/813/2026 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 applicants has submitted that the applicants have filed their representations on 07.02.2022 and 06.05.2025 but till date, no final decision has been communicated to the applicants by the respondent authorities.
Ld. Counsel for the applicants also refers to a judgement passed by this Tribunal in O.A. No. 351/890/2026 vide order dated 19.06.2026.
During the course of hearing, Ld. Counsel for the applicants has fairly submitted that it would suffice the purpose of the applicants if the competentCentral Administrative Tribunal respondent authority would be directed to consider the representations dated 07.02.2022 and 06.05.2025 in light of the judgement dated 19.06.2026 treating this O.A as a part of it and communicate his decision by way of a reasoned and speaking order within a stipulated period of time before proceeding with the direct recruitment since the said post, as per the Recruitment Rules, should be filled up 70% through promotion.
Since the applicants have made an innocuous prayer for consideration of the pending representations, we deem it fit to dispose of this O.A. at admission stage, without entering into the merits of the case, with a direction upon the competent respondent authority to consider the pending representations of the applicants dated 07.02.2022 and 06.05.2025 treating this O.A. as part of it and after according a personal hearing to them, communicate their decision by way of a reasoned and speaking order to the applicants within a period of 08 weeks from the date of receipt of a certified copy of this order. In the meantime, the respondents are directed not to fill up the advertised post through direct recruitment till such communication of their decision in the aforesaid terms.
With the above directions, this O.A. stands disposed of. No order as to costs.