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Judgment
The applicant has filed these applications for review of an order dated 8th February, 2019 passed by us in WPCT 258 of 2018 and WPCT 257 of 2018. Both the writ appeals were disposed of by a common order and judgment dated 8th February, 2019.
The appellant is the applicant herein.
Mr. Mohammed Tabraiz, learned Counsel appearing on behalf of the applicant has submitted that the order impugned in the writ appeal is liable to be set aside on the ground of coram non judice in view of the fact that the single Judicial Member cannot decide the matter which pertains to revision of scale of pay.
As opposed to this, Mrs. Anjili Nag who appeared on behalf of the private respondent, referred to Section 5(6) of the Administrative Tribunal Act, 1985 and the Government of India's Order No.1/32/87-JA/2169(A) dated 21st March, 1988 to support her contention that a Judicial Member sitting singly can decide the said application as it essentially pertains to pensionary benefits.
We have considered the said objections in our judgment and we accepted the submission of Mrs. Nag, not only on the ground that it was essentially a pensionary benefit but also the fact that the appellant before us did not take the plea of jurisdiction before the Judicial Member. It appears that the appellant has also proceeded on the basis that the dispute essentially relates to pensionary benefits and for that reason, the applicant did not take a plea of coram non judice. The appeals before us were also heard on merits and disposed of on merits.
On such consideration, we dismiss the applications for review being R.V.W. 003 of 2019 with CAN 052 of 2019 and R.V.W. 004 of 2019 with CAN 051 of 2019.
However, there shall be no order as to costs.