Facts
The seventeen applicants, serving as Supervisors (Physical Education) under the Directorate of Education, Government of NCT of Delhi (GNCTD), challenged an order dated 26.12.2019.
Source reference: p.5This order withdrew their existing pay scale of ₹15,600–39,100 with a Grade Pay of ₹5,400.
Source reference: p.5Although the applicants submitted a representation on 30.12.2019, the respondents implemented the withdrawal during the pendency of this Original Application (OA).
Source reference: p.5-6The applicants further alleged disparate treatment, noting that two similarly situated colleagues (Applicants No. 6 and 14) had not faced the withdrawal and were instead granted a higher Grade Pay of ₹6,600 via an order dated 18.12.2019.
Source reference: p.6Issues
1. Whether the respondents’ withdrawal of the applicants' pay scale via the order dated 26.12.2019 was legally sustainable.
Source reference: p.52. Whether the applicants are entitled to a time-bound, reasoned decision on their representations regarding the pay scale withdrawal and alleged departmental inconsistency.
Source reference: p.7Law Applied
The court exercised its jurisdiction under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: p.5It applied the administrative principle of "reasoned and speaking orders," which requires competent authorities to address employee grievances by passing a logical decision based on relevant service rules and instructions.
Source reference: p.7-8Reasoning
The Tribunal did not adjudicate the merits of the pay scale withdrawal.
Source reference: p.7It focused on the procedural fact that while the impugned order had been implemented, the applicants' statutory representations remained unaddressed.
Source reference: p.6-7Counsel for the GNCTD (Respondents No. 2 and 3) conceded that the administration would be willing to consider the pending grievances.
Source reference: p.7The Tribunal determined that the most equitable course of action was to permit the applicants to submit fresh, comprehensive representations to ensure that all specific grievances—including the claims of disparate treatment compared to Applicants No. 6 and 14—are formally evaluated by the executive.
Source reference: p.7Holding
Applicants are granted liberty to file individual comprehensive representations within fifteen days of the order.
The Competent Authority (Respondents No. 2 and 3) must dispose of said representations by passing a reasoned and speaking order in accordance with relevant rules within eight weeks.
Source reference: p.7-8All pending Miscellaneous Applications (MAs) were disposed of accordingly, with no order as to costs.
Source reference: p.8Original Court PDF
Pushpa RatnamvsGovt. Of Nctd
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