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Judgment
ORDER
Learned counsel for the parties are present and heard.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following reliefs:-
“i.Issue suitable orders or directions commanding the respondents to pay the all consequential benefits/ retiral dues and its arrears along with admissible interest in favour of the applicant for the period of termination by treating as a period spent on duty for all purposes from the due date till actual payment is made within stipulated period as fix by this Hon'ble Court.
ii.Issue suitable orders or directions commanding the respondents to re-fix the pension of the applicant accordance with law and to pay regularly month to month in favour of the petitioner.
ⅲ. Issue suitable orders or directions commanding the respondents to decide the representation dated 17.02.2026 within the stipulated period.
iv.Issue any other and further Orders or Directions, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
v.Award the cost of the O.A. to the applicant..
Learned counsel for the applicant submitted that the applicant was posted as a Telecom Operating Assistant in the respondent department. On account of an incident in 1985, an FIR was lodged against the applicant, and subsequently, the applicant was convicted by the criminal court. He further submitted that, on the aforesaid ground, the applicant was dismissed from service on 30.03.2005 without conducting any enquiry. The dismissal order was passed solely on the ground that the applicant had been convicted in a criminal case. The said order was challenged before this Tribunal. After dismissal of the OA, the applicant preferred a writ petition before Hon’ble High Court, being Writ-A No. 1532 of 2016 ( Vijendra Pal Singh vs Union of India), whereby the order passed by Central Administrative Tribunalthis Tribunal was quashed by the Hon’ble High Court vide its judgement dated 20.01.2020 and a direction was issued to the respondents for payment of consequential benefits. The relevant part of the order at 20.01.2020 is quoted hereinbelow:
“8.Since, the very foundation is no more operating. Once an order of conviction and sentence is set aside, it has to be assumed that no such order was ever passed and in that view of matter, order of dismissal founded on such conviction, cannot be sustained.
9.In the result, writ petition is allowed. Judgment and order dated 15.07.2014 passed by Tribunal in T.A. Case No.4 of 2012 as well as order dated 30.03.2005 passed by AGM (Administration), Aligarh are hereby set aside. Petitioner shall be entitled to all consequential benefits.”
Though, respondents have passed the order dated 06.07.2022. From a perusal of the order dated 06.07.2022, it is apparent that the order was passed with regard to the permanent absorption of the applicant, with observation in paragraph 3 regarding pension/gratuity, for which the applicant shall be eligible for pensionary benefits including gratuity as per the provisions of Rule 37-A of the CCS (Pension) Rules, as amended from time to time.
Learned counsel for the applicant submits that the respondents have not complied with the said order. Accordingly, the applicant submitted a representation before the respondent authorities on 17.02.2026, raising his grievances.
At this stage, learned counsel for the applicant submits that he would be satisfied if the pending representation is disposed of by passing a reasoned and speaking order.
On the other hand, learned counsel for the respondents seeks time to apprise this Court regarding the action taken on the pending representation.
Considering the limited relief sought, this Court is of the opinion that the present OA may be disposed of with a direction to the respondent/ competent authority to consider the grievance of the applicant and pass a reasoned and speaking order, in accordance with law, on the pending representation dated 17.02.2026, within a period of three months from the date of receipt of a certified copy of this order.
Accordingly, the instant Original Application stands disposed of with the above directions.
11.Central Administrative Tribunal It is made clear that this Tribunal has not entered into the question of delay, laches, or the merits of the applicant’s claim. All issues are left open for consideration by the respondents.
All pending M.A.s, if any, stand disposed of. No order as to costs.