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Judgment
Mohd. Jamshed, Member (A)
(Through Video Conferencing)
The applicant is aggrieved by the action of the respondents in not granting her the benefit of Old Pension Scheme. It is submitted by the applicant
that advertisement for appointment to the post of Trained Graduate Teacher (TGT) (Social Science) was issued on 15.07.2002 and the written test
was conducted on 16.03.2003. The results were declared in the year 2003. It is also contended by the applicant that her offer of appointment was
delayed on account of pendency of a Writ Petition and LPA No. 625/2002. On 04.08.2004, the applicant was appointed as TGT (Social Science). She
submits that her batch-mates and junior appointed pursuant to the same examination held by the Delhi Subordinate Services Selection Board (DSSSB)
in the year 2003 for appointment to the post of TGT (Social Science) in Directorate of Education have been granted the benefit of Old Pension
Scheme.
Learned counsel for the applicant submits that in this behalf the applicant has made a representation dated 21.03.2020 to the respondents, but the
same is still pending. He further submits that the applicant would be satisfied if her representation dated 21.03.2020 is considered and decided by the
respondents by passing a reasoned and speaking order thereon after duly taking into account the judgments mentioned therein and also the judgments
of this Tribunal in OA Nos. 4297/2017, 591/2016, 133/2009, 2045/2010 and 3719/2009 in a time bound manner. To such request of learned counsel for
the applicant, there is no objection from Mr. Kapil Agnihotri, learned counsel for the respondents.
Heard Mr. M. K. Bhardwaj, learned counsel for the applicant and Kapil Agnihotri, learned counsel for the respondents, through video conferencing.
After hearing both the parties, I am of the considered view that ends of justice would met if the respondents are directed to consider and decide the
representation of the applicant by passing a reasoned and speaking order in a time bound manner.
Accordingly, without going into the merits of the case, the present OA is disposed of, with a direction to the respondents to consider and decide the
representation of the applicant dated 21.03.2020 by passing a reasoned and speaking order thereon after duly taking into account the judgments
mentioned therein and also the judgments of this Tribunal in OA Nos. 4297/2017, 591/2016, 133/2009, 2045/2010 and 3719/2009 within a period of ten
weeks from the date of receipt of a copy of this order. This shall be done without any prejudice to the rights of the respondents. There shall be no
order as to costs.