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Judgment
By Justice Rajiv Joshi, Member (Judicial):-
Heard Shri Rana Ajay Singh, learned counsel for the applicant and Shri M.P. Mishra, learned Standing Counsel for the respondents.
This Original Application under Section 19 of the Administrative Tribunal Act, 1985 has been filed for the following reliefs:-
8.(i) Issue an order or direction in the nature of mandamus commanding the respondents to grant 2nd ACP/ MACP reckoning the effective date as 9.1.2005 instead of 1.9.2008 in promotional hierarchy of the post of Assistant in the Grade Pay of Rs.4200/-.
iii). Issue an order or direction to the respondents to declare provisions of Para I of the OM dated 19.5.2009 and para 2 of the MACP Scheme to the effect that MACP is to be granted on next higher grade pay in view of the law laid down by Hon'ble Punjab and Haryana High Court and upheld by Hon'ble Apex Court in the case of Raj Pal Vs. Union of India.
iii) To issue any other order or direction, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.
iv) To Award the cost to the applicant as deemed appropriate.
At the very outset, learned counsel for the applicant submits that though the pleadings between the parties have already exchanged, but he would satisfy, if a direction is issued upon the respondent concerned to dispose of the pending representation of the applicant dated 26.10.2016 (Appended as Annexure-11 to this Original Application), which is still pending, by passing a reasoned and speaking order, within stipulated time.
On the other hand, Mr. M.P. Mishra, learned Standing Counsel for the respondents has no objection if a direction is issued for disposing of pending representation of the applicant, in accordance with law, within stipulated time.
In view of the submissions of the learned counsel for both the parties and without going into the merits of the case, instant Original Application stands disposed of with a direction upon the applicant to file a fresh representation regarding his claim, annexing all the relevant documents on which he is relying on along with a copy of this order before the respondent concerned, within a period of four weeks from the date of receipt of a copy of this order. On receipt of such representation, the Competent Authority amongst the respondents is directed to take an appropriate decision on the representation of the applicant, by way of reasoned and speaking order under intimation to the applicant, in accordance with law, within a further period of two months.
No order as to costs.
Pending M.A., if any, also stands disposed of.