CAT - ['Allahabad']
Employment and Labour LawAdministrative and Public Law

Competent authority must consider casual workers’ wage-benefit representation and issue a reasoned order.

Rati bhan singh and others vs DEPARTMENT OF CULTURE

CAT - ['Allahabad']JUDGMENT: September 15, 20263 MIN READSOURCE JUDGMENT
Competent authority must consider casual workers’ wage-benefit representation and issue a reasoned order.. Rati bhan singh and others  vs DEPARTMENT OF CULTURE. CAT - ['Allahabad']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 2–3

They 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. 2–3

They alleged that similarly situated casual workers in other sub-divisions had received this benefit, whereas they had not.

Source reference: p. 2–3

The applicants submitted a representation dated 27 April 2026 seeking treatment as regular workers and payment of the claimed wages.

Source reference: p. 2–3

As the representation remained pending, they instituted the Original Application under Section 19 of the Administrative Tribunals Act, 1985.

Source reference: p. 2–3

During 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. 3–4
02

Issues

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, 4–5

Whether 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. 3–5
03

Law 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. 2

The 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. 2

The 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. 3–5

The 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 citation
04

Reasoning

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. 4

The respondents raised no objection to such a direction.

Source reference: p. 4–5

Since 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. 5

The Tribunal expressly refrained from determining whether the applicants were in fact entitled to regularisation or payment at the claimed rate.

Source reference: p. 5
05

Holding

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. 5

No order as to costs was made, and any pending Miscellaneous Applications were also disposed of.

Source reference: p. 5
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Allahabad']

Original Court PDF

Rati bhan singh and othersvsDEPARTMENT OF CULTURE

CAT - ['Allahabad'] · September 15, 2026

Click to open original judgment

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

Click to open original judgment