Respondents directed to decide representation seeking revival of long-vacant deemed abolished posts for promotional benefits.

The applicant, a Senior Health Administrative Assistant belonging to the ST category, seeks promotion to a post that has remained vacant for over five years.

The respondents rejected her representation on 23.12.2025, stating that under the Department of Expenditure’s Office Memorandum (OM) dated 05.01.2024, posts vacant for more than five years are deemed abolished.

The respondents also indicated that the matter of reviving said post is currently under consideration by the CGHS Directorate.

The applicant contends that she was ineligible for promotion when the post originally became vacant but is now affected by its deemed abolition.

1. Whether the respondents are required to pass a reasoned order regarding the applicant's promotion claim in light of the ongoing proposal for the revival of the abolished post.

2. Whether the deemed abolition of the post under the OM dated 05.01.2024 precludes the applicant's consideration for promotion during the pendency of the revival process.

Office Memorandum dated 05.01.2024 issued by the Department of Expenditure (Ministry of Finance), which mandates that any post vacant for five years from its creation or occurrence of vacancy shall be deemed abolished.

The principle of administrative law requiring authorities to dispose of representations through "reasoned and speaking orders" to ensure transparency and adherence to applicable service rules and policies.

The Tribunal noted the contradictory stance of the respondents, who cited the "deemed abolition" of the post while simultaneously stating that the "revival of the post" was under active consideration.

Since the applicant belongs to a reserved category and the respondents have not reached a finality on the revival process, the Tribunal found it appropriate to intervene at the procedural level.

The Court determined that the executive must formalize its position regarding the revival and the applicant's eligibility under the prevailing 2024 OM.

It directed the respondents to consider and decide the applicant's pending representation(s) by passing a reasoned and speaking order within eight weeks of receiving the order, specifically accounting for the Office Memorandum dated 05.01.2024 and the current status of the post's revival.