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Central Administrative Tribunal - Jabalpur

Ravindra Ghanshani & 5 Ors vs Union Of India And 17 Others ... on 15 October, 2015

      

  

   

 CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
JABALPUR

Original Application No.200/00873/2015 

Jabalpur, this Thursday, the 15th day of October, 2015

Mr. A.K. Patnaik, Judicial Member
Mr. G.P.Singhal, Administrative Member

Ravindra Ghanshani  & 5 Ors.					   - Applicants	

      V e r s u s
	
Union of India and 17 others					    -Respondents

ORDER(ORAL)

By A.K. Patnaik, JM.-

Heard Shri Siddharth Singh, learned counsel for the applicant and Shri S.A. Dharmadhikari, learned counsel for the respondents.

2. In this case, notices were issued to the respondents on 07.10.2015.

3. We find that this Original Application has been filed by the applicants jointly under Section 19 of Administrative Tribunal Act 1985 challenging the validity and legality of the revised seniority list issued by the respondents vide office memorandum dated 20/26.03.2015 (Annexure A-1) for the purpose of certain corrections in the integrated All India Seniority List of Superintendent of Central Excise for the period 01.01.1988 to 31.12.2006. Subsequently, the applicants have been placed below their juniors. Thereafter, the applicants have submitted their representations dated 24/27.07.2015 (Annexure A-7) to respondent No.5 and it is submitted that no reply has been received from him.

3(a). On the other hand, Shri Dharmadhikari, learned counsel for the respondents submitted once the applicants have ventilated their grievance before the authority they should wait for the outcome of the same. He further submitted that without giving sufficient time to the authorities to consider their representations they have rushed to the Tribunal.

4. As the applicants have already ventilated their grievance, we are of the view that there is nothing further to keep this matter pending. Accordingly, we dispose of this Original Application by directing respondent No.5 to consider their representations taking into account all the points raised in the representations and the result be communicated to the applicants by way of a reasoned and speaking order within a period of three months from the date of receipt of this order. If upon such consideration, the applicants are found to be entitled to the relief claimed by them, then expeditious steps be taken within a further period of three months to extend the said benefits to them.

5. Though, we have not expressed any opinion on the merit of the matter, we make it clear that all the points raised in their representations will be taken into account by the said Respondent No.5 while considering their representations keeping in mind the well settled position of law governing the field.

6. With the aforesaid observation and direction, this O.A. stands disposed of. Notices already issued to respondents are recalled.

7. Copy of this order, be sent to Respondents Nos. 4 & 5 by Speed Post for which Shri Dharmadhikari, undertakes to file the postal requisites within a period of seven days.

8. Free copy of this order be handed over to Shri Dharmadhikari, learned counsel for the respondents.

9. Till representations are considered by the authorities and result communicated to the applicants, they may proceed with the matter but they should not take final view regarding seniority of the applicants.

10. Registry is directed to attach cause title along with copy of this order.

(G.P.Singhal)				                                 (A.K. Patnaik) Administrative Member 				         Judicial Member

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OA 200/00873/2015