Vimlesh Meena vs Ministry Of Railways & Others

R. N. Singh, Member (J)

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

Heard.

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.

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 representations to the respondents on 16.08.2019 (Annexure A-11), 26.6.2020 (Annexure A-14) and 15.01.2021 (Annexure A-16).

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-7), 5.3.2019 (Annexure A-8) and 26.2.2020 (Annexure A-13). However, till date the claim/representations of the applicant have not been considered by the respondents.

Issue notice.

Shri Manmohan Kumar Jha, learned proxy counsel for Shri Krishan Kant Sharma, learned standing counsel appearing for the respondents, accepts notice.

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 representations dated 16.08.2019 (Annexure A-11), dated 26.6.2020 (Annexure A-14) and 15.01.2021 (Annexure A-16) and to decide the same keeping in view the letters/circulars of the respondents - 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.

In view of the aforesaid, the present OA is disposed of with a direction to the competent authority under the respondents to consider the representations of the applicant dated 16.08.2019 (Annexure A/11), dated 26.6.2020 (Annexure A-14) and dated 15.01.2021 (Annexure A/16) keeping in view their own letters/circulars and to dispose of the same by passing an appropriate reasoned and speaking order as expeditiously as possible as per rules and law and in any case, within 10 weeks of receipt of a copy of this Order.

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

Pending MA also stands disposed of accordingly.