Facts
The 22 applicants were retired Accounts Officers of BSNL who claimed entitlement to Productivity Linked Incentive (PLI).
Source reference: no citationThey 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.4The 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.4The 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.4During 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.5Issues
1. Whether the applicants’ joint filing of the Original Application should be permitted.
Source reference: p.42. 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.4–53. Whether the Tribunal should adjudicate the applicants’ substantive entitlement to PLI at the admission stage.
Source reference: p.5Law 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.4It 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 citationSince 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.5The 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.4Reasoning
The Tribunal accepted the joint filing because the applicants had a common grievance and the respondents had no objection.
Source reference: p.4Although 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.5Accordingly, 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.5The Tribunal expressly refrained from deciding the merits of the PLI claim or finally ruling on the limitation objection at that stage.
Source reference: p.5Holding
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.5No order as to costs was made.
Source reference: p.5Original Court PDF
Mahender Pal SharmavsDepartment of Telecommunication
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
![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](/stories/thumbnails/respondents-directed-to-decide-pending-pli-representations-through-reasoned-and-speaking-o-62c822c7e95b4d68b2694786e88babf0.webp)