IMPORTANT POINT
If a respondent does not appear before the Tribunal, when the application is called for hearing, the Tribunal may hear and decide the application ex parte, but on merits. The Tribunal cannot simply allow the OA for the reason that the contentions in the OA are uncontroverted.

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. The short point to be decided in the Original Application is whether the Central Administrative Tribunal (for short Tribunal) can allow the prayers in an Original Petition, for the simple reason that, no reply to the Original Application is filed by the respondent, especially in the light of Rule 16 of the Central Administrative Tribunal (Procedure) Rule 1987 (for short Procedure Rules)

2. The petitioners herein are the respondents in OA No.892 of 2016 on the file of the Tribunal, Ernakulam Bench. The above Original Application was filed by the respondents herein (herein after the parties are mentioned in accordance to their rank before the Tribunal). The above Original Application is filed with following prayers:

a. Quash Annexure A7 issued by the 1st respondent letter to the extend it denies the applicant the Non Practicing Allowance with effect from 1.1.2003

b. Declare that the applicant herein is entitled to be granted the Non Practicing Allowance with effect from 1.1.2003 onwards and to direct the respondents to draw and disburse the same to the applicant within a time frame;

c. Declare that the applicant herein is entitled to be granted fixation of pay and arrears thereof in the promoted posts of Insurance Medical Officer Grade 1 and Chief Medical Officer with effect from 19.9.2005 and 19.9.2010 respectively and to direct the respondents to grant the applicant pay fixation in the posts of Insurance Medical Officer Grade I and Chief Medical Officer with effect from 19.9.2005 and 19.9.2010 respectively and to disburse the arrears thereof within a short time frame;

d. Alternatively direct the 1st respondent to consider and pass orders on Annexure A8 representation dated 23.6.2016 within a short time frame;

e. To grant such other reliefs as may be prayed for and the court may deem fit to grant, and

f. Grant the cost of this Original Application.

3. The above Original Application was filed on 25.10.2016 and the same was admitted on 26.10.2016. Thereafter, the case was posted for the reply of the respondents. As per Rule 12 of the Procedure Rules, every respondent intending to contest the application shall file their reply to the Original Application and documents relied upon, within one month of the service of notice of the application on them. However, no reply was filed by the respondents before the Tribunal. The matter came up before the Registrar of the Tribunal on 3.8.2017 and the Registrar placed the case before the Bench on 28.08.2017. Thereafter, the respondents were granted time up to 9.10.2017 to file reply statement on payment of cost of Rs.1,000/-. But no reply was filed even after the order of the Tribunal. Thereafter, the Tribunal ordered that, if no reply is filed within two weeks, it would be presumed that respondents had no intention to contest the matter. Accordingly, the case was finally posted to 31.1.2018. But on that day also, there was no reply. Hence, as a very last chance, the matter was again adjourned to 7.3.2018 stating that, order dated 10.1.2018 would prevail. On 7.3.2018 when the case was posted for final hearing, there was no representation on the side of the respondents. It is also stated by the Tribunal that "it is learned that T.V.Ajaykumar who had filed memo of appearance on behalf of the respondents had been instructed not to appear”. In such circumstances, the Tribunal passed an order which is extracted here under:

“As can be seen, in view of the recalcitrant attitude of the respondents, I have only one side of the issue to be considered. I deprecate in strong terms the failure of the respondents to reply to the OA despite adequate time being availed for the purpose. As the contentions in the OA are uncontroverted, I allow the prayers sought in the OA. O.A succeeds. All benefits claimed in the O.A, except the grant of costs, are allowed and I direct that the benefits should be disbursed within three months from the date of receipt of a copy of this order. No or