Authorities must independently assess pay-protection claims and issue reasoned orders within ten weeks.

The applicants, who had joined the School Education Department after serving in other Government departments, claimed pay protection and consequential service benefits under Article 77-D(1)(a) of the Jammu and Kashmir Civil Services Regulations, Volume I, and Finance Department Office Memorandum dated 16 October 2018.

They had previously approached the Tribunal in O.A. No. 252/2023; by order dated 28 March 2023, the Tribunal directed the respondents to consider and decide their claim by a reasoned order.

The applicants alleged that their claim remained unresolved and was subsequently kept in abeyance.

At the hearing of the present application, their counsel sought its disposal with a direction to treat it as a representation and consider the claims in accordance with the applicable rules and the earlier Tribunal order.

Whether the respondents should be directed to consider the applicants’ claims for pay protection and consequential benefits, without the Tribunal deciding their substantive entitlement.

Whether the respondents should assess each applicant’s eligibility and entitlement and issue a reasoned decision within a stipulated period.

The Tribunal directed consideration under Article 77-D(1)(a) of the Jammu and Kashmir Civil Services Regulations, Volume I, and the Finance Department Office Memorandum dated 16 October 2018, alongside the applicable rules, regulations, Government instructions and law governing the field.

It also required the respondents to consider the earlier order in O.A. No. 252/2023, while independently determining whether each applicant was similarly situated and met the applicable eligibility and entitlement requirements.

The Tribunal expressed no view on the merits, leaving questions of fact and law open for determination by the competent authority.

The applicants ultimately sought only a direction for consideration of their claims, and the respondents did not oppose disposal with appropriate directions, without prejudice to their rights and contentions.

In view of that limited prayer, the Tribunal considered that keeping the application pending would serve no useful purpose.

It therefore directed an individual assessment of each applicant’s claim against the governing rules and the earlier Tribunal order, subject to eligibility, entitlement and the absence of a legal impediment.

It did not decide whether any applicant was in fact entitled to the benefits claimed.

The respondents were directed to treat it as a representation, independently consider each applicant’s claim for pay protection and consequential benefits, and pass and communicate a detailed, reasoned and speaking order within ten weeks of service of a certified copy of the order on the competent authority.

No order as to costs was made.