CAT - Delhi

Authority directed to decide representation for MACP financial upgradation parity through a reasoned and speaking order.

Bhagirath Dhoundiyal vs EARTH SCIENCES

CAT - DelhiJUDGMENT: March 19, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Applicant, a Multi-Tasking Staff (MTS) member at ATS, Dehradun, filed an application under Section 19 of the Administrative Tribunal Act, 1985, seeking financial upgradations under the ACP/MACP Scheme

Source reference: p. 2

The Applicant alleged a pay anomaly, claiming he was denied benefits extended to his junior, Shri Dhirendra Mohan

Source reference: p. 2

Although the Applicant submitted a representation to Respondent No. 2 on November 19, 2025, it remained pending without a response

Source reference: p. 2

The Applicant sought a direction for the respondents to decide on his pending representation through a reasoned order

Source reference: p. 2
02

Issues

Whether the Tribunal should direct the respondents to decide upon the Applicant’s pending representation regarding ACP/MACP benefits and pay parity

Source reference: p. 2-3
03

Law Applied

Section 19 of the Administrative Tribunal Act, 1985, which governs applications to Tribunals by aggrieved persons

Source reference: p. 2

Principles of Natural Justice, which necessitate that administrative authorities dispose of representations by passing reasoned and "speaking orders" to ensure transparency and fairness in decision-making

Source reference: p. 3
04

Reasoning

The Tribunal observed that the Applicant’s representation dated November 19, 2025, had not yet been considered by the competent authority

Source reference: p. 2

Without delving into the merits of the Applicant’s claim for pay parity, the Tribunal determined that the interests of justice would be served by requiring the respondents to provide a formal administrative response

Source reference: p. 3

The court noted the respondents' consent to consider the representation in accordance with the law

Source reference: p. 2

Consequently, the Tribunal reasoned that granting the Applicant liberty to file a comprehensive representation would allow the competent authority to address each specific contention raised before the matter requires judicial adjudication on merits

Source reference: p. 3
05

Holding

The Tribunal disposed of the O.A. at the admission stage without expressing an opinion on the merits of the case

The M.A. for exemption was allowed

Source reference: p. 1

The Tribunal granted the Applicant liberty to file a comprehensive representation within two weeks

Source reference: p. 3

The Respondents were directed to decide upon said representation by passing a reasoned and speaking order within eight weeks of receipt and to communicate the decision to the Applicant promptly

Source reference: p. 3

No order was made as to costs

Source reference: p. 4
CAT - Delhi

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Bhagirath DhoundiyalvsEARTH SCIENCES

CAT - Delhi · March 19, 2026

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