Facts
The applicants, consisting of 39 retired or serving Group-A officers (Principals, Assistant Commissioners, and Deputy Commissioners) of Navodaya Vidyalaya Samiti (NVS), filed a joint Original Application (O.A.) before the Central Administrative Tribunal, Principal Bench, New Delhi.
Source reference: p. 1-4They sought benefits under the Modified Assured Career Progression (MACP) scheme.
Source reference: p. 1-4During the hearing on April 18, 2026, the counsel for the applicants requested to withdraw the collective petition to address procedural requirements regarding individual claims.
Source reference: p. 6Issues
Whether the applicants should be permitted to withdraw the joint Original Application with liberty to file fresh, individual applications specifying respective dates of entitlement for MACP benefits.
Source reference: p. 6Law Applied
The Court followed the procedural standards of the Administrative Tribunals Act, 1985, and the Central Administrative Tribunal (Procedure) Rules, 1987, specifically regarding the withdrawal of a suit/application and the granting of "liberty" to re-file.
Source reference: p. 6Under these principles, a court may allow withdrawal of a petition when the litigants intend to rectify formal defects or present claims more specifically to ensure a proper adjudication on merits.
Source reference: p. 6Reasoning
The court noted the statement made by the learned counsel for the applicants highlighting the intent to file separate O.As for each individual.
Source reference: p. 6This strategic withdrawal was intended to allow each applicant to provide specific dates and particulars regarding their individual entitlement to MACP benefits, which are often fact-specific to an employee's service record.
Source reference: p. 6The Tribunal accepted this request without delving into the merits of the MACP claims, emphasizing procedural efficiency and the right of the parties to present specific, individualized grievances.
Source reference: p. 6Holding
The Tribunal dismissed the O.A. as withdrawn.
The court granted the applicants liberty to file separate Original Applications in respect of each applicant, provided they include the specific dates from which they claim entitlement to MACP benefits.
Source reference: p. 6All pending Miscellaneous Applications (M.As) were disposed of accordingly, and no order was made as to costs.
Source reference: p. 6Original Court PDF
OM PRAKASH MUDGALvsDEPARTMENT OF SCHOOL EDUCATION AND LITERACY
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in