CAT - Allahabad

Competent authority directed to decide pending representation via a reasoned and speaking order within stipulated timeframe.

Vijay Kumar vs M/O RAILWAYS

CAT - AllahabadJUDGMENT: April 09, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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 3

He 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 3

While similarly situated employees received these benefits, the applicant’s salary remained unrevised, and his arrears were unpaid despite multiple representations

Source reference: para 3

On May 3, 2024, Respondent No. 3 confirmed his service entries without addressing his specific claims or providing detailed reasons

Source reference: para 3, 4

The 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, 4
02

Issues

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, 7
03

Law 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, 7

It 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, 7
04

Reasoning

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 4

Given 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 6

The respondents raised no objection to the issuance of a direction for the timely disposal of the representation

Source reference: para 5

Consequently, 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, 7
05

Holding

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 7

No order as to costs was made

Source reference: para 8
CAT - Allahabad

Original Court PDF

Vijay KumarvsM/O RAILWAYS

CAT - Allahabad · April 09, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment