Bijendra Kumar vs Indian Council Of Medical Research & Others

R.N. Singh, Member (J)

The applicant is stated to have been engaged on daily wage basis as Laboratory Assistant under the respondents on 30.09.1997. He approached

this Tribunal earlier vide OA No.1907/2000, seeking regularisation of his services as Laboratory Assistant and on 15.05.2001 the said OA was

disposed of with a direction to the respondents to consider the claim of the applicant for regularisation as Laboratory Assistant, as expeditiously as

possible. Shri Lal, learned counsel for applicant submits that in pursuance of the aforesaid direction of this Tribunal, the applicant was interviewed by

the respondent No.2 for the purpose of regularisation and the applicant was appointed as Laboratory Assistant w.e.f. 21.11.2008. The learned counsel

for the applicant argued that as the applicant was initially engaged in September, 1997 and keeping in view the OM of 17.02.2020 (Annexure-A/3), the

applicant is entitled to be considered for being regulated, in accordance with old pension scheme.

However, it is an admitted case of the applicant that till date, the applicant has not raised such claim before the respondents by way of any

representation or in view of the aforesaid OM dated 17.02.2020 (Annexure-A/3).

In view of the aforesaid, at this stage, Shri Lal, learned counsel for applicant submits that the applicant shall be satisfied if the present OA is

disposed of, at this very stage, with a liberty to the applicant to make an appropriate representation, agitating his grievance, as raised in the present OA

within two weeks with a direction to the respondents to consider such representation in a time bound manner.

We are of the considered view that if such a request of the applicant through his counsel is accepted, no prejudice is likely to be caused to the

respondents.

In view of the aforesaid, without going into the merits of the claim of the applicant, we dispose of the present OA with a liberty to the applicant to

make an appropriate representation within 2 weeks from the date of receipt of copy of this order and it is directed that on receipt of such a

representation, the respondents shall consider and dispose of the same by passing a reasoned and speaking order, as expeditiously as possible and in

any case, within 10 weeks from receipt of such representation from the applicant.

The OA is disposed of in the aforesaid terms. No orders as to costs.