An original application is premature when filed before six months expire after a pending representation.

The applicant was initially appointed as a Casual Labour Khallasi on 13 June 1988, regularised as an Electric Khalasi on 7 February 1996, and superannuated as an MCM on 31 May 2024.

He alleged that the respondents had not released his Death-cum-Retirement Gratuity (DCRG) benefits.

He submitted a representation dated 26 May 2026, which remained undecided when he filed the Original Application on 10 August 2026.

The respondents opposed the OA as premature under Section 20(2)(b) of the Administrative Tribunals Act, 1985.

Whether the OA was maintainable when the applicant’s representation dated 26 May 2026 had not been decided and six months had not elapsed from its submission, as required under Section 20(2)(b) of the Administrative Tribunals Act, 1985.

Whether the applicant was entitled to proceed with the claim for DCRG benefits at that stage.

Section 20(1) of the Administrative Tribunals Act, 1985 provides that a Tribunal shall not ordinarily admit an application unless the applicant has availed the remedies available under the relevant service rules.

Under Section 20(2)(b), the applicant is deemed to have exhausted such remedy where no final order has been made on a representation and six months have expired from the date on which the representation was made.

Thus, where the prescribed six-month period has not elapsed and the representation remains pending, the OA is premature and is liable to be dismissed at that stage.

The applicant’s representation was submitted on 26 May 2026, whereas the OA was filed on 10 August 2026—substantially before the expiry of six months.

Since the representation had neither been decided nor remained pending for the statutory period contemplated by Section 20(2)(b), the Tribunal held that the requirement of exhaustion of remedies was not satisfied.

Accordingly, the respondents’ objection regarding prematurity was accepted, and the OA could not be adjudicated on the merits of the claim for DCRG benefits.

The applicant was granted liberty to file a better-drafted OA in accordance with law after satisfying the statutory requirement.

All pending miscellaneous applications, if any, were disposed of, with no order as to costs.