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S Ramesh and Others Vs. the Principal General Mangaer, Thiruvananthapuram and Another - Court Judgment

SooperKanoon Citation

Court

Central Administrative Tribunal CAT Ernakulam

Decided On

Case Number

O.A.No.190 of 2009

Judge

Appellant

S Ramesh and Others

Respondent

The Principal General Mangaer, Thiruvananthapuram and Another

Advocates:

For the Applicants : Vishnu S Chempazhanthiyil, Advocate. For the Respondents : N Nagaresh, Advocate.

Excerpt:


.....admittedly, the applicants have not made any subsequent request as directed by the respondents. as per the section 20 of the central administrative tribunal act, 1985 the respondents have to consider the representation first. only if the applicants are still aggrieved, they can approach this tribunal. 2. we therefore, dismiss this application as premature with the liberty to the applicants to make appropriate representations as stated in annexure a-9 and a-9(a) letters. if any such representations are made, the respondents shall consider them in accordance with the rules, within a period of three months and pass a reasoned and speaking order. there shall be no orders as to costs.

Judgment:


Mr George Paracken, Judicial Member

1. This is a joint application filed by three applicants stated to be similarly placed. They have sought a relief to direct the respondents to consider the issue of stepping up of their pay on par with their juniors as pointed out in Annexure A-8 representation. They have also sought a relief to direct the respondents to grant protection of pay with respect to the pay the applicants were drawing as AC Mechanics in the erstwhile AC Maintenance Centre. It is seen from the Annexure A-9 and A-9(a) impugned letters addressed to the first two applicants, the respondents have considered one of the issues therein namely, regularisation as TSM. As regards the other issue regarding stepping up of pay was concerned, they were asked to submit a separate request. Admittedly, the applicants have not made any subsequent request as directed by the Respondents. As per the Section 20 of the Central Administrative Tribunal Act, 1985 the respondents have to consider the representation first. Only if the applicants are still aggrieved, they can approach this Tribunal.

2. We therefore, dismiss this application as premature with the liberty to the applicants to make appropriate representations as stated in Annexure A-9 and A-9(a) letters. If any such representations are made, the respondents shall consider them in accordance with the rules, within a period of three months and pass a reasoned and speaking order. There shall be no orders as to costs.


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