Competent authority directed to decide pending representation for terminal benefits through a reasoned and speaking order.

The applicant is the widow of the late Mr. Rajesh, who was employed as a regular Safai Karamchari (Sweeper) with the Municipal Corporation of Delhi (MCD)

Mr. Rajesh passed away on June 26, 2025, while in service

Following his death, the respondents allegedly failed to release statutory terminal benefits, including gratuity, leave encashment, General Provident Fund (GPF), and pensionary benefits

The applicant submitted a formal representation to the Commissioner of the MCD on January 19, 2026 (Annexure A-2), seeking the release of these dues, but received no response

Consequently, the applicant filed the present Original Application (O.A.) under Section 19 of the Administrative Tribunals Act, 1985

1. Whether the respondents are obligated to consider and decide upon the applicant’s pending representation regarding the release of terminal and pensionary benefits

2. Whether a time-bound direction should be issued to the respondents to pass a reasoned and speaking order in accordance with the principles of natural justice

The court exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to adjudicate disputes regarding recruitment and conditions of service of persons appointed to public services

The court further relied on the fundamental Principles of Natural Justice, which necessitate that administrative authorities respond to grievances and representations in a timely and transparent manner

The Tribunal observed that the deceased employee was a regular staff member and that his entitlement to statutory benefits was prima facie established by his employment status

However, rather than adjudicating the merits of the entitlement at this preliminary stage, the Tribunal focused on the procedural lapse of the respondents in failing to respond to the applicant's representation dated January 19, 2026

The Tribunal noted the applicant’s willingness to limit the prayer to a direction for a time-bound disposal of the said representation

By invoking the principles of natural justice, the Tribunal determined that the Competent Authority must be compelled to discharge its administrative duty by passing a "reasoned and speaking order," thereby ensuring that the applicant is informed of the specific grounds for any decision made regarding her claims

The Tribunal directed the Competent Authority among the respondents to decide the applicant’s pending representation dated January 19, 2026, by passing a reasoned and speaking order within four weeks of receiving the court's order

It further directed that if the decision is favorable, the benefits must be disbursed forthwith; otherwise, the applicant retains the liberty to seek further legal recourse

No order as to costs was made