Competent Authority Must Decide Pending Service Representations via Reasoned and Speaking Orders Within Specified Timelines

The applicant, originally a Head Constable (Ministerial) in the Border Security Force (BSF), was absorbed into the National Investigation Agency (NIA) as an Upper Division Clerk on May 15, 2015

The applicant seeks to have his past service in the BSF (from December 1, 2006, to May 15, 2015) counted for seniority and eligibility for promotion to the posts of Assistant and Section Officer in the NIA

Despite submitting a formal representation regarding these grievances on September 19, 2025 (Annexure A-11), the respondents had not yet rendered a decision

Consequently, the applicant filed this Original Application (O.A.) under Section 19 of the Administrative Tribunals Act, 1985

1. Whether the respondents are obligated to consider and decide upon the applicant's pending representation regarding the counting of past service for promotional benefits

The court applied the procedural principles of the Administrative Tribunals Act, 1985, specifically Section 19, which empowers the Tribunal to address grievances related to recruitment and conditions of service

Principles of Natural Justice, which necessitate that a competent authority must consider and adjudicate upon an employee's representation through a reasoned and speaking order within a reasonable timeframe

The Tribunal did not delve into the substantive merits of the applicant's claim regarding the counting of BSF service for NIA promotions

With the consent of both parties' counsel, the Tribunal determined that the ends of justice would be served by directing the respondents to perform their administrative duty of reviewing the case in accordance with existing law and communicating the outcome to the applicant

The Tribunal disposed of the O.A. at the admission stage without expressing an opinion on the merits of the underlying claim

No order as to costs was made