Facts
The applicants were engaged as casual ward-watch workers under the Archaeological Survey of India at Karvi Sub-Division. Applicant No. 1 was engaged in February 2010, Applicant No. 2 in 2010, Applicant No. 3 in 2001, and Applicant No. 4 in 2014.
Source reference: p. 2–3They claimed to have continuously worked for eight hours a day and sought wages equivalent to 1/30th of the minimum of the relevant Group ‘D’ pay scale plus Dearness Allowance (DA).
Source reference: p. 2–3They alleged that similarly situated casual workers in other sub-divisions had received this benefit, whereas they had not.
Source reference: p. 2–3The applicants submitted a representation dated 27 April 2026 seeking treatment as regular workers and payment of the claimed wages.
Source reference: p. 2–3As the representation remained pending, they instituted the Original Application under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: p. 2–3During hearing, the applicants relied upon the Tribunal’s order dated 24 December 2025 in O.A. No. 594 of 2018, stated to have granted similar benefits.
Source reference: p. 3–4Issues
Whether Respondent No. 4 should be directed to consider and decide the applicants’ pending representation dated 27 April 2026 seeking regularisation/treatment as regular workers and payment at the rate of 1/30th of the minimum of the relevant Group ‘D’ pay scale plus DA?
Source reference: p. 2, 4–5Whether the applicants’ representation should be considered in light of the Tribunal’s order dated 24 December 2025 in O.A. No. 594 of 2018 and the applicable Government instructions?
Source reference: p. 3–5Law Applied
The application was brought under Section 19 of the Administrative Tribunals Act, 1985, which enables an aggrieved person to seek adjudication of service-related grievances before the Tribunal.
Source reference: p. 2The applicants relied upon the Department of Personnel and Training Office Memorandum dated 7 June 1988 and the Ministry of Culture’s Office Memorandum dated 11 May 2009 concerning wages and benefits payable to eligible casual workers at the rate of 1/30th of the relevant minimum pay plus DA.
Source reference: p. 2The Tribunal also directed consideration of the applicants’ claim in the light of its earlier order dated 24 December 2025 in O.A. No. 594 of 2018, without treating that order as conclusively establishing the applicants’ entitlement.
Source reference: p. 3–5The governing principle applied was that a competent authority must consider and decide a pending representation by a reasoned and speaking order in accordance with law.
Source reference: no citationReasoning
The applicants restricted their request at the hearing to a direction for consideration of their pending representation, rather than seeking immediate adjudication of their entitlement on merits.
Source reference: p. 4The respondents raised no objection to such a direction.
Source reference: p. 4–5Since the representation concerned the applicants’ claim for parity with similarly situated casual workers and relied upon the Tribunal’s earlier decision in O.A. No. 594 of 2018, the Tribunal considered it appropriate to require Respondent No. 4, being the competent authority, to examine the claim with reference to that decision and the applicable legal instructions.
Source reference: p. 5The Tribunal expressly refrained from determining whether the applicants were in fact entitled to regularisation or payment at the claimed rate.
Source reference: p. 5Holding
The Original Application was disposed of at the admission stage with a direction to Respondent No. 4/competent authority to consider and decide the applicants’ representation dated 27 April 2026 in light of the Tribunal’s order dated 24 December 2025 in O.A. No. 594 of 2018, and to pass a reasoned and speaking order in accordance with law, preferably within three months from receipt of a certified copy of the order.
The Tribunal clarified that it had not entered into the merits of the applicants’ claim.
Source reference: p. 5No order as to costs was made, and any pending Miscellaneous Applications were also disposed of.
Source reference: p. 5Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
Rati bhan singh and othersvsDEPARTMENT OF CULTURE
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