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Judgment
By Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial) :
Shri Deepak Maurya, learned counsel for the applicant and Shri Dinesh Kumar, learned counsel for the respondents are present.
The instant Original Application has been filed by the applicant under Section 19 of Administrative Tribunal, Act, 1985 for the following relief(s) :-
“(A)To issue an order or direction in the nature of Certiorari quashing the impugned pay re-fixation notice dated 02.09.2013 issued by Respondent No. 4, insofar as it fails to restore the applicant's basic pay to the level of Rs. 5600/- + Rs. 31/- PP w.e.f. 03.08.2001. To award the cost to the applicant.
B) To issue an order or direction in the nature of Mandamus commanding the Respondents to fully implement the Speaking Order dated 20.06.2013 passed by the Divisional Railway Manager, Allahabad (Respondent No. 3) in its true letter and spirit.
(C)To direct the Respondents to restore the applicant's original pay fixation dated 18.02.2002 by reckoning the 30% running allowance element as pay effective from his date of joining the stationary post on 03.08.2001.
(D)To direct the Respondents to disburse the quantified arrears of pay and allowances amounting to Rs. 1,20,946/- (as calculated and vetted by the department in August 2014) along with interest at the rate of 18% per annum from the date it became due until the actual date of payment.
(E)To direct the Respondents to correctly re-fix the applicant's pay in subsequent stages, including the 6th and 7th Central Pay Commissions, based on the restored basic pay of Rs. 5600/- + 31 PP, and pay the resulting difference in arrears.
(F)To grant any other relief which this Hon'ble Tribunal may deem fit and proper under the circumstances of the case to meet the ends of justice.
(G)To award the cost of the present application to the applicant.”
Learned counsel for the applicant submitted that his grievance shall be redressed if a direction is given to the respondents to consider and decide the pending representation dated 23.04.2026 (Annexure–A-6) of the applicant by passing a reasoned and speaking order within a time bound manner.
Learned counsel for the respondents has opposed the prayer of the applicant but he has no objection to decide the representation.
However, in view of the limited prayer made by learned counsel for the applicant, no fruitful purpose will be served in keeping this O.A. pending. Accordingly, the OA is disposed of at the admission stage itself with direction to competent authority amongst the respondents to consider and decide the pending representation dated23.04.2026 (Annexure–A-6) of the applicant by passing a reasoned and speaking order within a period of three months from the date of receipt of a certified copy of this order. The order so passed shall be communicated to the applicant without any delay. No order as to costs.
It is made clear that this Tribunal has not expressed any opinion on the merits of the case.
All MAs pending in this O.A. also stand disposed off.