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Judgment
R.N. Singh, Member (J)
The applicant has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 to seek the following reliefs:-
"(a) Declare the whole action of the respondents as illegal, arbitrary, discriminatory and violative of Artice-14 of the constitution of India which tantamount to strong case of discrimination.
(b) Direct the respondents to consider the claim of the applicants and grant the increments on notional basis and notional fixation of pay wef 01/07/1999 as has been granted to the similarly placed persons such as Ms. Munesh Rani (Annexure-A/5 & A/6) and the applicants may be entitled for arrears of pay and allowances and all other consequential benefits including MACP benefits.
(c) Any other relief which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
(d) Award cost."
Learned counsel for the applicant submits that similarly placed persons have approached this Tribunal vide OA No.3769/2018 and the same was disposed of by this Tribunal vide Order/Judgment dated 4.10.2018 (Annexure A/4).
Mr. Trivedi, learned counsel further submits that applicant has also made representations to respondents no.1 and 2 (Annexure A/7 Colly.) for seeking the similar benefits. However, inspite of the applicant being similarly placed, the respondents have neither extended the benefit to the applicant nor disposed of his aforesaid representation.
Issue Notice.
Shri R.K. Jain, learned standing counsel for the respondents who appears on advance service, accepts notice. Mr. Jain submits that applicant has not made any representation to respondent No.3.
Shri Trivedi, learned counsel for the applicant, submits that the applicant may be given liberty to make a representation to the respondent No.3 within 15 days from today and once he makes such representation, the respondent no.3 may also be directed to dispose of the applicant's representation in a time bound manner.
To such request of the learned counsel for the applicant, there is no objection from Shri Jain, learned counsel for the respondents.
In view of the aforesaid, the present OA is disposed of with liberty to the applicant to make a representation to the respondent No.3 as well within two weeks. In case any such representation is received from the applicant within the time given above, the respondents are directed to consider the applicant's representations and to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within eight weeks of receipt of a representation of the applicant under reference.
We further make it clear that we have not given any opinion on the merit of the claim of the applicant while disposing of this OA. No costs.