ORDER (ORAL)
Hon'ble Mr. R. N. Singh, Member (J):
M. A. No. 812/2025
The instant M.A. has been filed by the applicants seeking permission of this Tribunal to file the present O.A. jointly inasmuch as all the applicants are similarly placed and they have prayed for similar reliefs based on common grounds.
O. A. No. 649/2025
The applicants, 21 in numbers, have approached this Tribunal by way of the present O.A., filed u/s 19 of the Administrative Tribunal Act, 1985, seeking following reliefs:-
"8.1 The respondents be directed to count the service rendered by the applicants under RTP Scheme as qualifying service with all the consequential benefits e.g. MACPS and pension, etc.
8.2 The respondents be directed to release the arrears of salary and pension as a result of the counting the service rendered by the applicants under RTP as qualifying service.
8.3 Cost of the proceedings be allowed.
8.4 Any other order(s) as deemed fit and proper to secure the ends of justice may be passed."
2. Learned counsel appearing for the applicants submits that the issue involved in the present case has already been
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adjudicated by the Coordinate Bench of this Tribunal vide order/judgment dated 20.09.2023 [Annexure-A/1 (Colly)] in O.A. No. 3466/2019 titled Raksh Pal Singh & Ors. Vs. Union of India & Ors..
3. Issue notice. Ms. Neelima Rathore, learned counsel, who appears for the respondents on advance service, accepts notice. At the outset, she submits that the present OA is not maintainable in view of the fact that without exhausting the alternative remedy, the applicants have rushed to the Tribunal by way of the present O.A. At this stage, learned counsel appearing for the applicants clarifies that the applicants have not preferred any representation(s) for redressal of their grievances.
4. Mr. Anurag Singh Tomar, learned counsel appearing for the applicants submits that the applicants shall be satisfied if the present O.A. is disposed of, at this very stage, with liberty to the applicants to make additional comprehensive representation
(s) for redressal of their grievances agitated in the present O.A. and with a direction to the respondents to consider such representation (s) in a time bound manner.
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5. We are of the considered view that if such request of learned counsel for the applicants is acceded to, no prejudice is likely to be caused to the respondents.
6. In view of the aforesaid, for the reasons given therein in the MA, the present MA is allowed. With the consent of learned counsels for the parties and without going into the merits of the case, the present O.A. is disposed of with liberty to the applicants to make comprehensive representation (s) within two weeks from today and with a direction to the Competent Authority amongst the respondents to consider such representation (s) and dispose of the same by passing a reasoned and speaking order as expeditiously as possible and preferably within 8 weeks of receipt of representation (s) from the applicants.
7. In view of the aforesaid, the captioned O.A. and M.A. stand disposed of. However, there shall be no order as to costs.
(Rajinder Kashyap) (R. N. Singh) Member (A) Member (J)
/neetu/
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