Direction to decide representation for pay arrears through a reasoned and speaking order.

The twelve applicants have been discharging duties in the Archaeological Survey of India (ASI) since 1990

Their service was regularized on May 17, 2023, following litigation in the Hon’ble High Court of Jammu and Kashmir (SWP No. 290 of 2018), which was subsequently upheld by the Division Bench and the Hon’ble Supreme Court

Following regularization, the respondents issued an order on September 20, 2023, extending pay scale benefits with increments effective from July 7, 2023, and pay fixation from September 20, 2023

The applicants approached the Central Administrative Tribunal (CAT) aggrieved by the respondents' failure to release arrears of pay from the date they completed ten years of service, as specified in Annexure-II of the application

During proceedings, the applicants requested the Tribunal to direct the respondents to treat the Original Application (O.A.) as a formal representation

1. Whether the applicants are entitled to the release of arrears of pay effective from the date of completion of ten years of service rather than the date of regularization

2. Whether the respondents can be directed to decide the applicants' claims through a reasoned and speaking order within a stipulated timeframe

The Tribunal applied the administrative law principle of the "reasoned and speaking order," which requires statutory or departmental authorities to provide clear logic and legal grounds when deciding upon the rights and representations of employees

The court also exercised its discretion under the Central Administrative Tribunal (Procedure) Rules to allow a joint application (M.A. 343/2026) for similarly situated persons

The Tribunal focused on the procedural remedy rather than the substantive merits of the claim for arrears.

It noted that the applicants had a long history of service and had secured regularization only after multi-tiered litigation

Given the limited prayer made by the applicants' counsel—to treat the O.A. as a representation—the Tribunal found it unnecessary to adjudicate the merits at this stage

By directing the respondents to consider the "assertions made" and "documents placed on record," the Tribunal shifted the burden of determination to the executive to ensure that the specific entitlement date (completion of ten years of service) is evaluated against existing service rules and the provided evidence (Annexure-II)

The respondents were directed to treat the O.A. as a formal representation and pass a reasoned and speaking order regarding the claim for arrears within eight weeks from the receipt of the certified copy of the order

M.A. No. 343/2026 (for joint filing) was allowed, and no order was made as to costs