Facts
The applicant was appointed as a Hospital Attendant in the Railways on April 30, 1980, and retired as an OT Assistant Grade I
Source reference: para 3He alleged that despite his seniority, his pay was fixed according to the 5th Pay Commission, whereas he was entitled to the 6th Pay Commission's revised grade pay of Rs. 5,000–8,000
Source reference: para 3While similarly situated employees received these benefits, the applicant’s salary remained unrevised, and his arrears were unpaid despite multiple representations
Source reference: para 3On May 3, 2024, Respondent No. 3 confirmed his service entries without addressing his specific claims or providing detailed reasons
Source reference: para 3, 4The applicant submitted a further representation on April 7, 2025, which remained unaddressed, leading to the filing of the present Original Application seeking a mandamus for the disposal of said representation
Source reference: para 2, 4Issues
Whether the respondent authority is obligated to decide the applicant's pending representation dated April 7, 2025, regarding pay revision and arrears through a reasoned and speaking order
Source reference: para 4, 7Law Applied
The Tribunal applied the administrative law principle requiring public authorities to dispose of service-related representations within a reasonable timeframe.
Source reference: para 4, 7It emphasized the necessity of passing a "reasoned and speaking order" to ensure transparency and compliance with the principles of natural justice
Source reference: para 4, 7Reasoning
The Court observed that the applicant’s prior communication from the department on May 3, 2024, lacked specific details or reasons for the denial of his claims
Source reference: para 4Given the limited nature of the prayer—which sought only a direction for the disposal of the pending representation rather than a final adjudication on the merits of the pay fixation—the Tribunal found it appropriate to intervene
Source reference: para 6The respondents raised no objection to the issuance of a direction for the timely disposal of the representation
Source reference: para 5Consequently, the Tribunal determined that the interests of justice would be served by directing the authorities to consider the applicant's grievances without the Tribunal expressing any opinion on the underlying merits of the claim
Source reference: para 6, 7Holding
The Tribunal disposed of the Original Application at the admission stage.
It directed the Respondent Authority to decide the applicant's representation dated April 7, 2025, by passing a reasoned and speaking order within three months from the date of receipt of the certified copy of the order
Source reference: para 7No order as to costs was made
Source reference: para 8Original Court PDF
Vijay KumarvsM/O RAILWAYS
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