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Judgment
Ashish Kalia, Member (J)
MA No. 1683/2022 :
The instant MA has been filed by the applicant seeking an interim direction against the respondents to dispose of the representation made by him to the respondents.
In view of the above, the OA is taken up for final disposal today itself and the aforesaid MA shall also be dealt with along with the OA.
OA No. 1648/2019 :
The present OA has been filed by the applicant seeking the following reliefs :-
“(i) To Direct the Respondents for acceptance of the Application of the Applicant/Petitioner for his technical Resignation along with retention of his two years lien period with all previous service benefits by the Respondents.
(ii) To pass any other order/s as deem fit and proper in the facts and circumstances of the case.”
The applicant resigned from the services of the respondents and through a representation he made a request at paras 8 and 9, which reads as under :-
“8. A similar Technical resignation without Lien period was also accepted by HQ CE Southern Command vide their letter No. 132407/Lien/133/E1B(S) dated 03 Oct 2018 (copy enclosed) in respect of MES-192950, Sh. Manoj Kumar Sharma, JE(QS & C) who resigned to join as AE (Civil) in Delhi Jal Board who is also selected through the same recruitment board i.e. DSSSB of the same recruitment vacancies.
Further Technical Resignation with retention of Lien period of two years was accepted by HQ CE WC vide their letter No. 30305/SA/Regn/214/E1C(1) dated 18 Mar 2015 (copy enclosed) in respect of MES-316544, Sh. Rajesh Kumar Gupta, JE (QS & C) who resigned to join as AE (Civil) in Uttrakhand Payjal Sansadhan Vikas Evam Nirman Nigam.”
The aforesaid representation is still pending decision. Hence, in view of the prayer made in the MA, this Tribunal feels that the ends of justice would be met if a direction is issued to the respondents to dispose of his representation within a stipulated time frame. Accordingly, respondents are directed to dispose of the aforesaid representation of the applicant dated 16.02.2019 within 60 days from the date of receipt of a certified copy of this order. It is further ordered that in case the grievance of the applicant still subsists, the applicant is at liberty to avail the remedies available to him under the law. With this direction, the OA along with the MA stand disposed of at the admission stage itself without going into the merits of the case.
There shall be no order as to costs.