Tribunals and CommissionsDivision Bench

Shailendra Pal vs Ministry Of Railways & Others

Central Administrative Tribunal · Decided on 9 February 2021 · Citation: (2021) 02 CAT CK 0047

HON’BLE JUDGES
A. K. Bishnoi, Member (A) · R.N. Singh, J
ACTS & SECTIONS REFERRED
Administrative Tribunals Act, 1985 — Section 19
RESULT
Disposed Of
CASE NUMBER
Original Application No. 277 Of 2021, Miscellaneous Application No. 339 Of 2021
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Judgment

21 paragraphs · 371 words

R. N. Singh, Member (J)

1.

Present Shri Maneet Singh Reen, learned counsel for the applicant.

2.

Heard.

3.

In the present Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is aggrieved of his non-appointment under

the respondents under LARSGESS Scheme in spite of the fact that his claim has already been considered prior to 27.10.2017.

4.

Learned counsel for the applicant submits that the entire consideration process for such appointment had been completed by the respondents before

27.10.2017. However, the respondents have failed and neglected to issue an offer of appointment to the applicant and aggrieved of the same, the

applicant has preferred a representation to the respondents on 28.12.2020 (Annexure A/11).

5.

It is further added by learned counsel for the applicant that the respondents were required to consider the claim of the applicant keeping in view

their own policy decisions dated 28.9.2018 (Annexure A/2), 5.3.2018 (Annexure A/3) and 26.2.2020 (Annexure A/8). However, till date the

claim/representation of the applicant has not been considered by the respondents.

6.

Issue notice.

7.

Shri Krishan Kant Sharma, learned standing counsel appearing for the respondents, accepts notice.

8.

At this stage, Shri Manjeet Singh Reen, learned counsel for the applicant submits that applicant will be satisfied if the OA is disposed of with a

direction to the respondents to consider the claim of the applicant as made in his representation dated 28.12.2020 (Annexure A/11) and to decide the

same keeping in view the letters/circulars of the respondents â€" Railways, referred to hereinabove, in a time bound manner. To such request of the

learned counsel for the applicant, there is no objection from the learned counsel appearing for the respondents.

9.

In view of the aforesaid, the present OA is disposed of with a direction to the competent authority under the respondents to consider the

representation of the applicant dated 28.12.2020 (Annexure A/11) keeping in view their own letters/circulars and dispose of the same by passing an

appropriate order as expeditiously as possible and in any case, within 10 weeks of receipt of a copy of this Order.

10.

OA is disposed of in the aforesaid terms. However, in the facts and circumstances, no order as to costs.