Mohan Lal Suyal & Others vs Union Of India & Others

R.N. Singh, Member (J)

Heard the learned counsels for the parties.

MA No. 1505/2020

The applicants, three in numbers, have filed the present MA seeking permission to file the aforesaid OA jointly.

Learned counsel for the applicants submits that the applicants are retired personnel and similarly placed. He further adds that the facts of all the applicants qua the present case and relief sought there in the OA are similar.

Issue notice.

Shri Ashok Sharma, Senior Central Government counsel, who appears on advance service, accepts notice.

For the reasons given there in the MA, same is allowed.

OA No. 1224/2020

In the present OA, the applicants who have retired while working as Under Secretary under the respondents has claimed for Grade Pay Rs. 5400, while working as Accounts Officer in Pay Band-2, w.e.f. 01.01.2006, keeping in view the Cabinet Secretariat Order No.1/98/2008-EA.I-4262 dated 17.11.2008 and judgement dated 18.01.2019 of this Tribunal in OA No. 2682/2012 titled A.K. Raina vs. Union of India.

Issue notice.

Shri Ashok Sharma, Senior Central Government counsel, who appears on advance service, accepts notice.

At the outset, learned counsel for the respondents submits that all the three applicants have retired years back and they have approached this Tribunal by way of present OA without filing an application seeking condonation of delay. Learned counsel for the applicants submits that order/judgment of the Tribunal as judgment in rem and respondents were duty bound to extend the benefits of the same to the applicants and they were not expected and supposed to compel each and every similarly placed person to approach this Tribunal. He further submits that ventilating their grievances, the applicants have preferred representations dated 21.02.2019, 27.12.2019 and 04.02.2019 [Annexure A/1 (colly)]. Learned counsel for the applicants submits that in spite of lapse of considerable time, the respondents have not considered and disposed of the said representations of the applicants. He further adds that the applicants shall be satisfied, if present OA is disposed of with direction to the respondents to consider the applicants' aforesaid pending representations and to dispose of the same by passing a reasoned and speaking order in a time bound manner.

In the facts and circumstances, without going into the merits of the case, we dispose of the present OA with direction to the respondents to consider the aforesaid pending representations of the applicants and to dispose of the same by passing a reasoned and speaking order(s) thereon, as expeditiously as possible and in any case, within 12 weeks of receipt of a copy of this order.

OA is disposed of in aforesaid terms. No costs.