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Judgment
Miscellaneous Application No. 1305/2026
The present Miscellaneous Application filed by the applicants under Rule 4(5) of the Central Administrative Tribunal (Procedure) Rules, 1987, seeking permission to join and pursue the Original Application collectively, is allowed.
Original Application No. 1243/2026
This is an Original Application filed by the applicants under Section-19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“i.quash/set aside, or suitably modify/correct, paragraph(k) of Memorandum/Order No. 453/TA/61/3468/2020/CC/PC/ST-12 (Civ) dated 15.12.2021, insofar as it stipulates 58 years as the age of cessation of the applicants’ service; and declare that the said condition cannot be mechanically enforced by relying upon the interim order dated 30.04.2014 in W.P. No. 18694/2014, without considering the subsequent judgment in W.P. No. 19080/2025, dated 23.07.2025. The respondents may accordingly be directed to reconsider the applicants’ entitlement to continue in service up to the age of 60 years and, whenever legally applicable, substitute 58 years by 60 years in paragraph (k);
ii.The respondents may further be directed to consider and decide the applicants’ pending representation dated 21.01.2026 by a reasoned, speaking and legally sustainable order, after taking into consideration the judgment in W.P. No. 18694/2014, the subsequent judgment in W.P. No. 19080/2025, and all other applicable Government instructions/rules and judicial pronouncements;
iii.The respondents may also be directed to grant the applicants continuity of service up to 60 years, subject to their lawful entitlement, with all consequential benefits; and in the event any applicant has already been retired/discontinued on attaining 58 years, to restore/continue such applicant in service in accordance with law.”
At the very outset, learned counsel for the applicants submitted that the present Original Application may be disposed of with a direction to the respondents to treat the OA as a representation of the applicants for consideration of their case for entitlement to continue in service up to the age of 60 years, keeping in view the judgment passed by the Hon’ble High Court of Karnataka in Writ Petition No. 18694/2014 and subsequent judgment in Writ Petition No. 19080/2025 (Sri V Umesh Vs. Central Silk Board and Ors., decided on 23.06.2025).
Having regard to the limited prayer made on behalf of the applicants, this Original Application is disposed of at the admission stage, with a direction to the respondents to treat this OA as a formal representation of the applicants taking into account the pending representation dated 21.01.2026, and decide the same in light of aforementioned judgments rendered by the Hon’ble High Court of Karnataka in Writ Petition No. 18694/2014 and in Writ Petition No. 19080/2025.
The respondents shall pass a speaking order on the aforesaid representation within a period of two weeks from the date of receipt of a certified copy of this order. A copy of the order so passed shall also be communicated to the applicants forthwith.
Needless to say, we have not expressed opinion on the merits of the case.
In the aforesaid terms, the Original Application stands disposed of. No order as to costs.