Competent Authority Must Dispose of Pending Representations Regarding Pay Fixation and Allowances via Reasoned Speaking Orders

The applicant, a retired Senior Technician from the Carriage and Wagon Department of North Central Railway, served from 1971 to 2008.

He alleged that his last basic pay was incorrectly recorded as Rs. 6200 instead of Rs. 6350 and that the respondents failed to properly fix his pay as per the 6th Central Pay Commission (CPC) recommendations.

He further claimed non-payment of medical and transport allowances.

The respondents contended that the applicant had periods of unauthorized absence, which were regularized as extra-ordinary leave without pay, leading to the withdrawal of inadvertently granted increments and subsequent recovery of excess payments.

They further stated that medical allowance is reflected in his PPO and transport allowance requires proof of expenditure, which was never submitted.

The applicant submitted a representation on 10.09.2015, which remained undecided.

1. Whether the respondents are liable to re-fix the applicant's pay and provide arrears under the 6th CPC and pay outstanding medical and transport allowances.

2. Whether the pending representation of the applicant dated 10.09.2015 requires a formal disposal by the competent authority.

Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to adjudicate disputes regarding the service matters of public servants.

The administrative principle of "reasoned and speaking orders," which requires authorities to formally address grievances and explain the rationale for their decisions through a written order.

The Tribunal observed that while the respondents filed a counter-affidavit justifying their actions—citing unauthorized absence and regularization of increments—they failed to clarify whether the applicant’s formal representation dated 10.09.2015 had been legally disposed of.

The Tribunal noted the contradictory claims regarding pay fixation and allowance eligibility but specialized its focus on the procedural lapse of the respondents in failing to address the pending representation.

Without delving into the merits of the financial claims, the Tribunal reasoned that the appropriate administrative course of action was to compel the respondents to exercise their decision-making power through a formal order, ensuring the applicant receives a definitive response to his grievances.

The Tribunal disposed of the application by directing the Competent Authority among the respondents to take an appropriate decision on the applicant's representation dated 10.09.2015 and pass a reasoned and speaking order in accordance with the law within three months from the receipt of the certified copy of the order; no order as to costs was made.