Facts
The thirteen applicants, all stated to be retired ANS personnel, instituted an Original Application before the Central Administrative Tribunal against AIIMS and related authorities, along with M.A. No. 2474/2026.
Source reference: p. 4They sought grant of the third Modified Assured Career Progression (MACP) benefit from the date on which it became due, relying on the order dated 14 March 2023 in OA No. 3495/2015.
Source reference: p. 4After some arguments, counsel for the applicants, on instructions, sought permission to withdraw both proceedings, with liberty to submit individual representations to the respondents and thereafter approach the appropriate forum for redressal.
Source reference: p. 4, para. 1Issues
Whether the applicants should be permitted to withdraw the Original Application filed vide Diary No. 2560/2026 and M.A. No. 2474/2026.
Source reference: p. 4, para. 1Whether the applicants should be granted liberty to submit individual representations seeking third MACP benefits and subsequently approach the appropriate forum, if necessary.
Source reference: p. 4, paras. 1–2Law Applied
The Tribunal applied the procedural principle that an applicant may withdraw proceedings through counsel acting on instructions, subject to the Tribunal’s order.
Source reference: p. 4, para. 1It further recognised that withdrawal may be accompanied by liberty to pursue an alternative or subsequent remedy, including submitting representations to the competent authority and approaching the appropriate forum thereafter.
Source reference: p. 4, paras. 1–2The Tribunal did not adjudicate the substantive entitlement to third MACP benefits, nor did it determine the applicability of the order dated 14 March 2023 in OA No. 3495/2015.
Source reference: p. 4, paras. 1–2Reasoning
The applicants expressly sought withdrawal of the pending proceedings after arguments had commenced and requested liberty to first pursue individual administrative representations.
Source reference: p. 4, paras. 1–2Since the request was made by their counsel on instructions and did not require determination of the merits of their MACP claim, the Tribunal accepted the procedural request.
Source reference: p. 4, paras. 1–2The Tribunal preserved the applicants’ ability to seek administrative and subsequent judicial redress, while leaving the substantive claim—including the date from which the third MACP was allegedly due—to be considered in the appropriate proceedings.
Source reference: p. 4, paras. 1–2Holding
The Tribunal dismissed the Original Application filed vide Diary No. 2560/2026 and M.A. No. 2474/2026 as withdrawn.
It granted the applicants liberty to approach the respondents through individual representations seeking grant of third MACP from the date on which it became due and, thereafter, to approach the appropriate forum for redressal in terms of the order dated 14 March 2023 in OA No. 3495/2015.
Source reference: p. 4, para. 2No finding was recorded on the merits of the applicants’ entitlement to the third MACP.
Source reference: p. 4, paras. 1–2Original Court PDF
Solly VarghesevsAIIMS
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