Heard learned counsel for the applicant who submitted that present OA has been filed because of the inaction of the respondents in not taking any decision on the representation filed by the applicant requesting for grant of compassionate allowance / pension under Rule 41 of CCS (Pension) Rules, 1972. The representation dated 01.06.2015 is at annexure A-1.
2. Reliefs sought by the applicant are as under:- 8(a) Direct the respondents to consider the representation preferred by the Applicant dated 01.06.2015, wherein he requested that this name may be considered for grant of compassionate allowance under Rule 41 of CCS (Pension) Rules 1972 and if the Applicants case is considered fit for the compassionate allowance then he may kindly be granted the said benefit from the due date with all consequential befits viz arrears etc. And (b) Award cost in favour of the Applicant and against the respondents. And/or (c) Pass any further order, which this Honble Tribunal may deem fit, just equitable in the facts and circumstances of the case.
3. We find that at the present stage it is not possible to admit the OA since the period of limitation regarding disposal of pending representations is not over in terms of the provision of section 21 (1)(b) of the Administrative Tribunals Act, 1985.
4. In the light of the facts noted above, respondents are directed to dispose of the pending representation of the applicant within a period of 8 weeks from the date of receipt of copy of this order. Respondents shall pass a reasoned and speaking order and duly communicate it to the applicant within the period stated above.
5. OA is disposed of with the aforenoted directions with liberty to the applicant to initiate appropriate legal proceedings, if his grievance still persists thereafter, and if so advised. (Ashok Kumar) Member (A) /daya/