Makar Dwaj Singh And Ors vs Director General And Ors

R.N. Singh, Member (J)

Heard the learned counsels for the parties. M.A No. 388/2017 By way of this M.A, applicants have prayed for permission to file the aforesaid OA

jointly. For the reasons stated in the MA and no objection from the respondents, MA is allowed.

OA. No. 392/2017

By way of present OA, applicants pray for the following reliefs:-

(a) HOLD that the Applicants are fully entitled for the grant of pay scale of Rs. 5000-100-8000, w.e.f. 30.09.1997 as per the revised 5th Pay

Commission report as well as same has been replaced in Pay Band â€"I Grade Pay 4200 with all arrears of pay & allowances, and GRANT cost in,

favour of the Applicants.

(b) PASS any other or further order(s) in favour of the Applicants, which this Hon’ble Tribunal may deem fit, just & proper in the

abovementioned facts & circumstances.

In pursuance to the notice in the OA, respondents have filed their reply and respondents have disputed the claim of the applicants and have also

annexed order dated 08.02.2017 (Annexure R-5) with such reply. The learned counsel for the applicants submits that during the pendency of the OA,

respondents have considered the pending representation of the applicants and have passed aforesaid order dated 08.02.2017 and the same had not

been challenged by the applicants. At this stage, learned counsel for the applicants seeks permission to withdraw the present O.A. with a liberty to

challenge the order dated 08.02.2017 passed by the respondents rejecting the claim of the applicants.

Learned counsel for the applicants further submits that applicants were under bonafide impression that during pendency of the OA, aforesaid order

has been passed and, therefore, the same was not required to be challenged separately and the claims made by the applicants can be considered and

adjudicated in the present OA itself. He further says that if the order dated 08.02.2017 is challenged by the applicants at this stage, limitation may

come in their way.

4.0 Therefore, the learned counsel for the applicants prays for permission to withdraw the present OA with a liberty to file fresh OA with order that

limitation may not come in the way of such fresh OA.

5.0 In the circumstances, OA is dismissed with liberty to file fresh OA. In the facts and circumstances, it is ordered that in case applicants file a fresh

OA within two weeks of receipt of a certified copy of this order, limitation shall not come in the way of the applicants to challenge the

Respondents’ order dated 08.02.2017, referred above.