Facts
The five applicants are Nursing Officers (Group-B) serving on a contract basis at Dr. Ram Manohar Lohia (RML) Hospital, New Delhi, having joined between December 5 and December 21, 2015
Source reference: p. 1-2Seeking the benefit of "equal pay for equal work" and arrears from their initial dates of appointment, the applicants filed the present Original Application (OA) under Section 19 of the Administrative Tribunals Act, 1985
Source reference: p. 3Their claim is predicated on a prior judgment of the Tribunal in O.A. No. 1004/2021, which they assert has been implemented by the respondents
Source reference: p. 3During the admission stage, the applicants requested the Tribunal to direct the respondents to treat the OA as a formal representation for a time-bound decision
Source reference: p. 3-4Issues
Whether the respondents should be directed to consider the applicants' claim for "equal pay for equal work" and pass a reasoned and speaking order in a time-bound manner.
Source reference: p. 3-4 / para. 3-5Law Applied
Section 19 of the Administrative Tribunals Act, 1985, which provides the framework for applications to the Tribunal by persons aggrieved by service matters
Source reference: p. 3administrative principle that authorities must dispose of representations via reasoned and speaking orders to ensure transparency and fairness
Source reference: p. 4legal doctrine of "equal pay for equal work" as recognized in the precedent O.A. No. 1004/2021
Source reference: p. 3Reasoning
The Tribunal did not adjudicate the substantive merits of the applicants' claim for pay parity or arrears
Source reference: p. 4Instead, it adopted a procedural approach based on the applicants' modified request to treat the OA as a representation
Source reference: p. 3Since the counsel for the respondents raised no objection to this proposal, the Tribunal found it just and proper to mandate an administrative review of the grievance
Source reference: p. 4The court explicitly clarified that it had not expressed any opinion on the merits of the applicants' legal entitlement to the reliefs sought under the principle of "equal pay for equal work"
Source reference: p. 4Holding
The Tribunal disposed of the OA at the admission stage without costs
It directed the respondents to treat the OA as a formal representation of the applicants and to pass a reasoned and speaking order regarding the claim for equal pay and arrears within a period of eight weeks from the receipt of the certified copy of the order
Source reference: p. 4All pending Miscellaneous Applications (MAs) were disposed of accordingly
Source reference: p. 4Original Court PDF
Dharmendra SevdavsHEALTH AND FAMILY WELFARE
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