Facts
The applicant, a Veterinary Officer/Veterinary Assistant Surgeon under the Government of NCT of Delhi, challenged the denial of financial upgradations under the Dynamic Assured Career Progression (DACP) Scheme.
Source reference: para. 2He sought recognition of his prior regular Group ‘A’ service from 2 May 1998 to 8 October 2008 in the Sashastra Seema Bal, rendered before technical resignation, and grant of the second, third and fourth DACP upgradations with consequential benefits.
Source reference: para. 2The applicant had submitted several representations between 13 April 2022 and 11 September 2025, followed by reminders dated 13 May 2026 and 8 June 2026, relying, inter alia, on the Allahabad Bench decision in Dr. Luxmi Shankar Tripathi v. Union of India & Ors., O.A. No. 1066/2014.
Source reference: paras. 3, 5During the hearing, the applicant restricted his request to a direction for consideration and disposal of those representations by a reasoned and speaking order.
Source reference: para. 4Issues
1. Whether the competent authority should be directed to consider and decide the applicant’s pending representations concerning DACP financial upgradations, recognition of previous service and consequential benefits.
Source reference: paras. 3–52. Whether the Tribunal should adjudicate the applicant’s substantive entitlement to the claimed DACP upgradations and other consequential reliefs at the admission stage.
Source reference: paras. 5–7Law Applied
The application was filed under Section 19 of the Administrative Tribunals Act, 1985, which enables an aggrieved government servant to seek adjudication of service-related grievances before the Tribunal.
Source reference: para. 2The Tribunal applied the principles of natural justice and administrative fairness, requiring the competent authority to consider the applicant’s representations and issue a reasoned and speaking order rather than leave the grievance undecided.
Source reference: para. 5It also directed consideration of the legal position stated by the Coordinate Bench of the Tribunal at Allahabad in Dr. Luxmi Shankar Tripathi v. Union of India & Ors., O.A. No. 1066/2014.
Source reference: para. 5The Tribunal expressly preserved the respondents’ authority to decide the representations in accordance with law and did not determine the merits of the claimed DACP benefits.
Source reference: paras. 5–6Reasoning
The Tribunal noted that the applicant’s grievance regarding financial upgradations and counting of prior service had been raised through multiple representations and reminders, but the record before it did not warrant adjudication of the substantive entitlement at that stage.
Source reference: paras. 3–5Since the applicant agreed to pursue the immediate remedy of a decision on his pending representations, and the respondents accepted that they would consider them, the Tribunal treated a direction for administrative consideration as sufficient to satisfy natural justice.
Source reference: paras. 3–5Accordingly, without expressing any view on the merits of the DACP claim, it required the competent authority to examine the representations in light of the Allahabad Bench decision and pass a reasoned and speaking order.
Source reference: paras. 5–6The Tribunal left the respondents free to accept or reject the claims in accordance with law.
Source reference: paras. 5–6Holding
The Tribunal disposed of the O.A. at the admission stage without deciding the applicant’s entitlement to the second, third or fourth DACP upgradations, recognition of prior service, arrears or interest.
The competent authority among the respondents was directed to consider and decide all the specified representations and reminders, in light of Dr. Luxmi Shankar Tripathi, by a reasoned and speaking order within six weeks from receipt of a certified copy of the order, and to communicate the decision to the applicant at the earliest.
Source reference: para. 5The M.A. for exemption was allowed and disposed of; there was no order as to costs.
Source reference: paras. 1, 8Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
Dr Keshav Kumar SharmavsGNCTD
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