HMT Komal Kumar & Ors vs UOI & Others on 15 May 2026

O R D E R

15.05.2026

1. The Applicant has filed MA No 174/2026 for hearing of the case at Regional Bench, Jaipur, which is allowed taking into consideration the reasons advanced therein. OA No 114/2026 with MA No 173/2026

2. During the course of hearing, both the parties have conceded in disposing off this OA at the admission stage itself.

3. The applicants in this OA have filed this OA, with the following prayers :- (a) Direct th Respondents to decide the Representation dated 17/3/2026 of the applicants forthwith in terms of the Order dated 12/3/2026 passed by this Tribunal and communicate the decision thereof to the applicants.

(b) By an appropriate order and direction in the nature thereof the letter dated 03/7/2025 be quashed and set aside and the Respondents be directed to assign seniority to the applicants (HMT) higher than the Havildar with all its natural consequences.

(c) Directing the Respondents to fix and assign seniority to all Havildar Major Technical (HMT) incumbents of the Corps of EME at a level higher than the substantive rank of Havildar with all consequential service and financial benefits including arrears of pay, allowances and MACP from the date of approintment as the HMT.

(d) Award of cost of this OA in favour of the applicants.

(e) Grant any other relief(s) as this Hon’ble Tribunal may deem fit and proper in the interest of justice.

4. On perusal of record, it reflects that vide Order dated 12/3/2026 passed by this Tribunal in earlier OA No 65/2026 filed by the Applicant and 43 others, the OA was disposed off with the following directions:- “3. Accordingly, we deem it appropriate to accede to the prayer of the Applicant to withdraw the case with lilberty to file a representation before the Competent Authority within a period of one month from the date of receipt of a certified copy of this Order. Needless to say, upon receipt of such representation, we expect the Competent Authority to decide such representation(s) expeditiously. The outcome thereof shall be intimated to the applicant(s). OA is disposed off”.

5. Further, it is apparent fromAnnexure A/8, in the collective Representation submitted by the applicants, the applicants have not assigned detailed reasons with regard to the redressal of their grievances to the Competent Authority. The so-called representation contained only the names of all the applicants who have been aggrieved and have only repeated the prayer made in the OA. Thus, it is clear that the competent authority had no occasion to examine the Representation of these applicants as the same was mere perfunctory and vacuous.

6. During the course of hearing, counsel for the applicant seeks permission to withdraw this OA with liberty to file a fresh Representation to the Competent Authority with detailed reasons with relevant rules/policies on the subject with regard to relief sought for in the OA.

7. Taking note of overall facts and circumstances of the case, this OA is disposed off at the admission stage with the directions that in case the applicant(s) file a fresh detailed Representation to the competent authority within a period of one month from the date of receipt of a copy of this Order, the Competent Authority shall decide the case of the applicant(s) on its merits as well as the relevant policy on the subject within a period of four months from the date of receipt of such representation(s).

8. The OA is disposed off accordingly. No order on costs.

9. Pending application(s), if any, also stand disposed off.

(SANJIV MITTAL)

(GOVERDHAN BARDHAR) MEMBER (A)

MEMBER (J) cda/-