CAT - Delhi

Respondents directed to decide pending representations via reasoned and speaking orders within a stipulated timeframe.

Akhalesh Kumar vs DEFENCE

CAT - DelhiJUDGMENT: March 23, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Ten applicants, currently employed as Data Entry Operators Grade 'D' (DEO 'D') within the Ministry of Defence, filed an Original Application (OA) under Section 19 of the Administrative Tribunals Act, 1985

Source reference: p. 1-3, para. 1

The applicants sought a declaration that the respondents' failure to grant them the Level 7 pay scale was illegal and requested a direction for pay fixation, arrears, and interest

Source reference: p. 4, para. 1

The applicants had previously submitted representations regarding these grievances in November 2025

Source reference: p. 5, para. 5

The Tribunal's Registry raised a procedural objection, noting the application was "premature" because the statutory six-month period for the disposal of administrative representations had not yet expired

Source reference: p. 5, para. 5

During the hearing, the applicants limited their prayer to seeking a time-bound direction for the respondents to decide their pending representations

Source reference: p. 4, para. 3
02

Issues

1. Whether the Tribunal should entertain an application that is technically premature under the statutory timeline for exhausting administrative remedies

Source reference: p. 5, para. 5

2. Whether the respondents should be directed to dispose of the pending representations through a reasoned and speaking order within a specified timeframe

Source reference: p. 5, para. 6
03

Law Applied

The court's jurisdiction was governed by Section 19 of the Administrative Tribunals Act, 1985, which stipulates the procedure for redressal of grievances by government servants

Source reference: p. 4, para. 1

The Tribunal applied the principle of administrative law requiring authorities to dispose of representations via "reasoned and speaking orders" to ensure fairness and transparency in executive actions

Source reference: p. 5, para. 6

The Tribunal exercised its discretionary power to waive procedural technicalities regarding the "premature" nature of the filing to provide limited relief at the admission stage

Source reference: p. 5, para. 5
04

Reasoning

The Tribunal initially noted potential issues regarding the maintainability of a joint application, as the applicants had diverse paths to their current posts (promotion vs. appointment)

Source reference: p. 4, para. 2

However, the focus shifted when the applicants requested only the disposal of their pending representations

Source reference: p. 4, para. 3

Regarding the Registry’s objection that the OA was premature—filed before the six-month wait period following their November 2025 representations—the Tribunal overruled the objection and directed the assignment of an OA number to facilitate a prompt administrative resolution

Source reference: p. 5, para. 5

The Tribunal chose not to examine the merits of the pay scale claim (Level 7), instead emphasizing that the administrative authorities must first exercise their judgment on the matter through a formal order

Source reference: p. 5, para. 6
05

Holding

The Tribunal disposed of the OA at the admission stage without expressing any opinion on the merits of the applicants' pay scale claims

The Tribunal directed the respondents to decide the pending representations (Annexure A-1) by passing a reasoned and speaking order within eight weeks from the date of receipt of the certified copy of the judgment

Source reference: p. 5, para. 6

All pending Miscellaneous Applications were disposed of, and no order as to costs was made

Source reference: p. 6, para. 7
CAT - Delhi

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Akhalesh KumarvsDEFENCE

CAT - Delhi · March 23, 2026

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