Ram, Retid, Computer Room Attendant vs Union Of India & Others

R. N. Singh, Member (J)

The present application has been filed by the applicant under Section 19 of the A.T. Act, 1985, praying therein for the following reliefs :-

"(i) To declare the action of respondents in not granting 1st, 2nd & 3rd Financial Upgradation to the applicant in the Pay Scale of Rs.3200-4900, 4000-6000 & 4500-7000 (5200-20200 with Grade Pay of Rs.2800) as illegal and direct the respondents to grant to the applicant first/second and third financial upgradation in the pay scale of Rs.3200-4900, 4000-6000 & 4500-7000 (5200-20200 with Grade Pay of Rs.2800) with all arrears of pay.

(ii) To declare the action of respondents in not extending the benefit of order dated 10.12.2019 in OA No.3881/2014 to the applicant as arbitrary and issue appropriated directions to the respondents to grant Financial Upgradations to the applicant under ACP/MACP Scheme at par with Kishan Lal (Applicant in OA No.3881/2014).

(iii) To award exemplary costs in favour of the applicant.

(iv) To pass such other and further orders which their lordships of this Hon‟ble Tribunal deem fit and proper in the existing facts and circumstances of the case."

Learned counsel for the applicant submits that the claim of the applicant is squarely covered by Order/Judgment of this Tribunal dated 10.12.2019 in OA No.3881/2014 (annexure A-5). He further submits that for redressal of his grievance, the applicant has preferred various representation , including the one dated 28.10.2020, followed by reminder dated 24.11.2020 (Annexure A-1 colly). However, the same are still lying pending consideration of the respondents.

Issue notice. Shri S. N. Verma, learned counsel for respondents, who appears on advance service, accepts notice.

At this stage, Shri M.K. Bhardwaj, learned counsel for the applicant submits that the applicant shall be satisfied, if the present OA is disposed of at this very stage, with direction to the respondents to consider the applicant‟s aforesaid representation and to dispose of the same by passing a reasoned and speaking order thereon.

We are of the considered view, if such request of the learned counsel for the applicant 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, the OA is disposed of with direction to the respondents to consider the applicant‟s pending representations (Annexure A-1 colly) and to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within 12 weeks of the receipt of a copy of this Order.

OA is disposed of in the aforesaid terms. No costs.