Facts
The applicant, Rajeev Chaudhary, was appointed as a Registrar at AIIMS-Rishikesh in Pay Level-12 (Pay Band-3).
Source reference: p. 2He claimed entitlement to elevation to Level-13 (Pay Band-4) effective from 24.04.2023, following the completion of five years of service in Level-12.
Source reference: p. 2His claim was based on a Government Order dated 02.11.2017 issued by the Ministry of Human Resource Development (MHRD), which stipulates that Deputy Registrars or equivalents shall be placed in Level-13 after five years of service.
Source reference: p. 2-3Despite submitting multiple representations (dated 09.09.2024, 07.10.2024, and 23.04.2025) and subsequent forwarding of his case by AIIMS-Rishikesh to the Ministry, no final decision was taken.
Source reference: p. 3-4The applicant approached the Tribunal seeking a direction for the respondents to grant the higher pay scale.
Source reference: p. 2Issues
1. Whether the applicant is entitled to the Pay Level-13 scale based on the MHRD communication dated 02.11.2017 after completing five years in Level-12.
Source reference: p. 32. Whether a direction can be issued to the respondents to decide the applicant's pending representations in a time-bound manner.
Source reference: p. 4Law Applied
Department of Higher Education, MHRD Letter dated 02.11.2017, specifically paragraph 2, which provides that after completion of 5 years of service, officers in the rank of Deputy Registrar or equivalent shall be placed at Level-13 with a Rationalised Entry Pay of Rs. 1,18,500/- as per the 7th CPC.
Source reference: p. 2-3Section 19 of the Administrative Tribunals Act, 1985.
Source reference: p. 2Reasoning
The Tribunal noted the applicant’s reliance on the MHRD guidelines and the fact that AIIMS-Rishikesh had already initiated correspondence with the Ministry regarding the applicant's eligibility.
Source reference: p. 3-4At the admission stage, the applicant limited his prayer to seeking a direction for the disposal of his pending representations.
Source reference: p. 4The respondents (Union of India and AIIMS) expressed no objection to such a direction.
Source reference: p. 4Consequently, the Tribunal determined that a "reasoned and speaking order" was necessary to resolve the administrative delay without delving into the substantive merits of the applicant's entitlement to Level-13 at this stage.
Source reference: p. 5Holding
The Tribunal disposed of the Original Application at the admission stage without expressing an opinion on the merits of the case.
It directed the respondents to consider the applicant’s pending representations dated 09.09.2024, 07.10.2024, and 23.04.2025 and pass a reasoned and speaking order within eight weeks from the receipt of the certified order.
Source reference: p. 5Pending MAs were also disposed of with no order as to costs.
Source reference: p. 5Original Court PDF
Rajeev ChaudharyvsHEALTH AND FAMILY WELFARE
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