Applicability of tribunal judgements/orders

mahendrakumar (Querist) 15 August 2013 This query is : Resolved
a) are judgements of tribunals like armed forces tribunals are applicable for all similarly placed?

b) if not what are the options before those similarly placed persons?

c) do they have to file separate petitions before the concerned tribunals?

d) can they also claim the benefit,quoting the said orders of the tribunals directly from the concerned authorities?

Follow Query

Report Abuse

niranjan (Expert) 15 August 2013
Each one will have to file separate petition.

mahendrakumar (Querist) 16 August 2013
thanks niranjan. would like to hear about (a) and (d) above

Devajyoti Barman (Expert) 16 August 2013
All need to file separate applications. The Tribunal has no blanket applicability.

Rajendra K Goyal (Expert) 16 August 2013
Nothing more to add.

Raj Kumar Makkad (Expert) 16 August 2013
a. Yes.

b. No question arises in view of reply to first query.

c. Yes

d. Yes.

Dr J C Vashista (Expert) 16 August 2013
It's the applicant only who is eligible for relief granted/allowed

Anirudh (Expert) 16 August 2013
Dear Mr. Mahendrakumar,

My answers to your queries are as under:

a) YES, provided the persons are similarly placed.

b) This question does not arise in view of answer to (a) above.

c) NORMALLY NO. The employee who is similarly placed is only required to apply to the Authorities for grant of the similar benefits. But, the departmental authorities do not apply their mind, but blindly deny the benefit to the similarly placed persons. Therefore, in case of denial (after making the representation), one has no other go than to approach the Tribunal.

d) YES. But as said earlier, in case the authorities deny the benefit, one has to approach the Tribunal (but only after making a representation claiming the similar benefit and if the same is denied.)

mahendrakumar (Querist) 18 August 2013
thanks to all experts for a beautiful and comprehensive reply,specially to dear Anirudh.

prabhakar singh (Expert) 18 August 2013
They(similarly placed) can also claim the benefits,quoting the said orders of the tribunals directly from the concerned authorities by a representation in writing,which if rejected,gives them cause of action to move to the tribunal to claim relief on the ground of parity.