Suneel Kumar vs Union Of India & Others

R.N. Singh, Member (J)

MA No. 2112/2020& OA No. 2597/2019

The present MA has been filed by the applicant praying therein for the following reliefs:-

‘(i) that the Hon’ble Tribunal may graciously be pleased to pass an order of deciding the present OA of the applicant in terms of the

Order/judgment passed by the Hon’ble Tribunal, (PB) New Delhi in OA No. 2932/2019 vide Order/judgment dated 26.11.2019.

(ii) That the Hon’ble Tribunal may graciously be pleased to pass an order of deciding the present OA of the applicant in terms of the

judgment passed by the Hon’ble Tribunal, Chandigarh Bench in OA No. 878/2019 vide judgment dated 20.9.2019.

(iii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicant.â€​

Learned counsel for the applicant submits that the issue involved in the present OA also came before the Chandigarh Bench of this Tribunal in OA

No.878/2019 and the same was decided vide Order/Judgment dated 20.9.2019 with the directions for re-examination of the applicant therein by the

Medical Board (Annexure MA-1).

Learned counsel for the applicant further adds that another OA No.2932/2019, for the same issue as in instant OA, has been decided by Principal

Bench of this Tribunal vide Order/Judgment dated 26.11.2019 and the directions contained therein of the Tribunal have since been implemented also

by the respondents.

Learned counsel for the applicant submits that in view of the aforesaid, it would be just and proper that the present OA may also be disposed of in

terms of the Order/Judgment dated 26.11.2019 of this Tribunal in OA No.2932/2019. He further adds that respondents may also be directed to take

into consideration the Order/Judgment dated 20.9.2019 of the Chandigarh Bench of this Tribunal passed in OA 878/2019.

Issue notice.

Shri A.K. Srivastava, learned counsel appearing for the respondents, accepts notice. There is no objection from the learned counsel for the

respondents, to the aforesaid prayer of the applicant in the MA.

In view of the aforesaid, the present MA is allowed to the extent that the present OA is disposed of with directions as contained in Order/Judgment

dated 26.11.2019 in OA No. 2932/2019. It is further directed that while considering the claim of the applicant, the respondents will take into

consideration the Order/Judgment of the Chandigarh Bench of this Tribunal, referred to hereinabove also.

The present MA as well as OA are disposed of in above terms. There shall be no order as to costs.

Pending MA(s), if any, shall also stands disposed of.