Shashi Devi vs Union Of India & Others

Pratima K. Gupta, Member, J

Shri S.D. Dwivedi, ld. counsel for the applicant and Shri Chakrapani Vatsyayan, ld. counsel for the respondents are present.

By way of this O.A., the applicant has sought direction to the respondents to decide her pending representations.

Brief facts of the case are that the applicant was appointed as ‘Safaikarmi’ on 12.12.2003. However, appointment letter was issued on 13.09.2004 and since from the date of appointment, the applicant had served in the respondents’ department diligently and retired on 31.05.2019. The applicant has preferred the representations on 03.12.2019 and 12.12.2021. However, the respondents have chosen not to respond the same. Ld. counsel submits that the applicant has submitted a comprehensive representation dated 12.12.2021 (Annexure A-4) to the competent authority in this regard and would be satisfied if a direction is given to the said authority to decide his representation within the stipulated time in accordance with the rules and by passing a reasoned and speaking order.

Ld. counsel for the respondents submits that the O.A. is barred by limitation as the cause of action arose to the applicant in the month of June, 2020 and the present O.A. was filed after a delay of two years in the year 2022. He also submits that there is no delay condonation application on record.

In view of the above, this Tribunal is of the view that no purpose would be served in keeping pending this O.A. Accordingly, the instant O.A. is disposed of with a direction to the competent authority amongst the respondents to decide the representation dated 12.12.2021 (Annexure A-4) within a period of 08 weeks from the date of this order by passing a reasoned and speaking order.

Needless to say that this Bench has not commented upon either the merits of the case or the claim of the applicant.

No order as to cost.