Authorities must decide re-employed ex-servicemen’s pay-fixation claims under applicable service rules.

The four applicants, all ex-servicemen re-employed as Class-IV/Multi-Tasking Staff in the Public Works (R&B) Department in 2021, contended that their pay had not been fixed in accordance with the applicable rules for re-employed ex-servicemen

After submitting a representation and relying on several inter-departmental communications forwarding their cases for examination, they alleged that no final or reasoned decision had been communicated

They sought pay fixation under Articles 259-A, 260-A and 260-C of the J&K Civil Services Regulations (CSRs), together with consequential benefits

1. Whether the applicants’ pending pay-fixation grievance should be considered and decided by the respondents under the applicable rules and government instructions

2. Whether the Tribunal should itself determine the applicants’ entitlement to pay fixation and consequential benefits, or instead direct the respondents to decide that question

The Tribunal directed the respondents to consider the applicants’ cases in accordance with the law and rules governing the field, specifically taking note of Articles 259-A, 260-A and 260-C of the J&K CSRs and Government Order No. 531-GAD of 2013 dated 28 March 2013

It did not determine the substantive meaning or application of those provisions, nor cite judicial precedents; the applicants’ eligibility and entitlements were left for the respondents to assess under the applicable rules

The applicants had submitted a pay-fixation representation, and the record described multiple communications seeking verification or examination of their cases, but no final decision had been communicated

The Tribunal therefore directed the respondents to treat the O.A. as a representation and decide the grievance under the governing provisions and instructions.

It expressly refrained from expressing any opinion on the merits, leaving the assessment of eligibility and entitlement to the respondents

The respondents were directed to consider and decide the applicants’ cases, having regard to Articles 259-A, 260-A and 260-C of the J&K CSRs and Government Order No. 531-GAD of 2013, preferably within eight weeks after service of a certified copy of the order

No order as to costs was made