CAT - ['Delhi']
Employment and Labour LawAdministrative and Public Law

Respondents directed to decide pending PLI representations through reasoned and speaking orders within six weeks.

Mahender Pal Sharma vs Department of Telecommunication

CAT - ['Delhi']JUDGMENT: September 10, 20262 MIN READSOURCE JUDGMENT
Respondents directed to decide pending PLI representations through reasoned and speaking orders within six weeks.. Mahender Pal Sharma vs Department of Telecommunication. CAT - ['Delhi']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The 22 applicants were retired Accounts Officers of BSNL who claimed entitlement to Productivity Linked Incentive (PLI).

Source reference: no citation

They alleged inaction by the respondents in granting the benefit and relied upon decisions of Coordinate Benches in O.A. No. 1876/2010 and O.A. No. 3618/2014 dated 8 November 2016.

Source reference: p.4

The applicants filed a miscellaneous application seeking permission to institute the Original Application jointly; the respondents raised no objection, and the application was allowed.

Source reference: p.4

The respondents opposed the O.A. on the ground that it was hopelessly barred by limitation, as the applicants had approached the Tribunal after nearly 23 years.

Source reference: p.4

During hearing, the applicants limited their prayer to a direction requiring the respondents to decide their pending representations through a reasoned and speaking order.

Source reference: p.5
02

Issues

1. Whether the applicants’ joint filing of the Original Application should be permitted.

Source reference: p.4

2. Whether, despite the respondents’ objection regarding a delay of nearly 23 years, the respondents should be directed to consider and decide the applicants’ pending representations concerning PLI by a reasoned and speaking order.

Source reference: p.4–5

3. Whether the Tribunal should adjudicate the applicants’ substantive entitlement to PLI at the admission stage.

Source reference: p.5
03

Law Applied

The Tribunal applied the procedural principle permitting persons having a common grievance to institute proceedings jointly, particularly where the respondents raised no objection.

Source reference: p.4

It also applied the principle that an administrative authority must consider pending representations and communicate its decision through a reasoned and speaking order.

Source reference: no citation

Since the applicants confined their relief to consideration of their representations, the Tribunal disposed of the O.A. without entering into the merits or conclusively determining the limitation objection.

Source reference: p.5

The applicants referred to the Coordinate Bench decisions in O.A. No. 1876/2010 and O.A. No. 3618/2014 dated 8 November 2016, but the Tribunal did not adjudicate their applicability or merits in the present order.

Source reference: p.4
04

Reasoning

The Tribunal accepted the joint filing because the applicants had a common grievance and the respondents had no objection.

Source reference: p.4

Although the respondents contended that the claim was delayed by nearly 23 years, the applicants sought only a limited procedural direction rather than immediate grant of PLI.

Source reference: p.5

Accordingly, the Tribunal considered it appropriate to require the respondents to examine the pending representations, including the latest representation dated 3 August 2026, and to issue a reasoned and speaking order.

Source reference: p.5

The Tribunal expressly refrained from deciding the merits of the PLI claim or finally ruling on the limitation objection at that stage.

Source reference: p.5
05

Holding

M.A. No. 4393/2026 was allowed, permitting the applicants to file the O.A. jointly.

O.A. No. 3437/2026 was disposed of at the admission stage, without adjudication on merits, with a direction to the respondents to consider and decide the applicants’ pending representations annexed as Annexure A1 (colly.), including the latest representation dated 3 August 2026, by a reasoned and speaking order within six weeks from receipt of a certified copy of the order.

Source reference: p.5

No order as to costs was made.

Source reference: p.5
CAT - ['Delhi']

Original Court PDF

Mahender Pal SharmavsDepartment of Telecommunication

CAT - ['Delhi'] · September 10, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment