Facts
The applicant, currently serving as a Principal at Kendriya Vidyalaya (KV) No. 1, Kota, filed an Original Application (O.A.) under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: p. 2, para. 1He sought the counting of his past services rendered as a Primary Teacher (PRT) in Kendriya Vidyalaya Sangathan (KVS) from 1993 to 2001, and as a Post Graduate Teacher (PGT) in Navodaya Vidyalaya Samiti (NVS) from 2001 to 2012, for the purpose of releasing pro-rata terminal benefits and DCRG liabilities.
Source reference: p. 2, para. 1The applicant claimed that despite submitting multiple representations in 2013 and a legal notice in 2025, the respondents had not decided on his request.
Source reference: p. 2, para. 2During the hearing, the applicant restricted his prayer to seeking a direction for the respondents to consider a fresh, comprehensive representation in a time-bound manner.
Source reference: p. 2-3, para. 3Issues
Whether the Tribunal should direct the respondents to decide upon the applicant's grievance regarding the counting of past services through a reasoned and speaking order.
Source reference: p. 3, para. 6Law Applied
Section 19 of the Administrative Tribunals Act, 1985, which governs the filing of applications for the redressal of grievances by government servants.
Source reference: p. 2, para. 1The principle of administrative law that requires public authorities to dispose of service-related representations within a reasonable timeframe by passing "reasoned and speaking orders" to ensure transparency and adherence to the principles of natural justice.
Source reference: p. 3, para. 6Reasoning
The Tribunal did not adjudicate the substantive merits of the applicant’s claim regarding the eligibility of his past services for pensionary benefits.
Source reference: p. 3, para. 7Instead, it focused on the procedural delay by the respondents in addressing the applicant's long-standing representations.
Source reference: p. 3, para. 4-5Taking note of the applicant's willingness to file a fresh representation and the respondents' presence through counsel, the Tribunal found it appropriate to dispose of the matter at the admission stage.
Source reference: p. 3, para. 4-5The court reasoned that a time-bound direction to the respondents to pass a speaking order would provide the applicant with the necessary administrative resolution while maintaining the court's neutral stance on the underlying merits of the service claim.
Source reference: p. 3, para. 6-7Holding
The Tribunal disposed of the O.A. with a direction that the applicant is at liberty to submit a fresh, comprehensive representation within ten days.
The respondents were ordered to consider and dispose of this representation by passing a reasoned and speaking order, in accordance with the law, within forty-five days thereafter.
Source reference: p. 3, para. 6The court explicitly stated it expressed no opinion on the merits of the case.
Source reference: p. 3, para. 7No order as to costs was issued.
Source reference: p. 4, para. 9Original Court PDF
R S TANWARvsKENDRIYA VIDYALAYA SANGATHAN (KVS)
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