Facts
The applicants, consisting of retired and serving Deputy/Additional Directors of Education and a retired Principal, filed an Original Application (O.A.) seeking a declaration that the respondents' action of not counting their past service in Navodaya Vidyalaya Samiti (NVS) for pensionary benefits, specifically under the Unified Pension Scheme (UPS), was illegal.
Source reference: p.3They contended that their representations, including one dated 11.02.2026 (Annexure A-8), to the respondents regarding this grievance remained unconsidered.
Source reference: p.4The applicants highlighted an Office Memorandum (OM) dated 18.11.2025 (Annexure A-1) which stipulates that Administrative Secretaries can settle cases of counting past service in consultation with the Integrated Financial Advisor (IFA), referring only complex cases to the Finance Department.
Source reference: p.4Issues
1. Whether the respondents' action of not counting the applicants' past service rendered in Navodaya Vidyalaya Samiti (NVS) for all purposes, including the benefit of the Unified Pension Scheme (UPS), is illegal.
Source reference: p.32. Whether the respondents should be directed to consider and dispose of the applicants' representations regarding the counting of past service for pensionary benefits.
Source reference: p.4-5Law Applied
The court primarily considered the principles of administrative law concerning the disposal of representations by governmental authorities.
Source reference: p.4Specifically, it implicitly referred to the guidance provided by the respondents' own Office Memorandum (OM) dated 18.11.2025 (Annexure A-1), which outlines the procedure for settling cases related to the counting of past service at the administrative secretary level in consultation with the Integrated Financial Advisor.
Source reference: p.4Reasoning
The court did not delve into the merits of whether the applicants' past NVS service should be counted for pensionary benefits.
Source reference: p.5Instead, it focused on the procedural lapse by the respondents in not considering or disposing of the applicants' representations concerning their grievance.
Source reference: p.4Acknowledging the applicants' request for a limited direction and with no objection from the respondents' counsel, the Tribunal found it appropriate to direct the respondents to fulfill their administrative duty to consider and decide on the representations.
Source reference: p.5The court noted that the respondents' own OM dated 18.11.2025 provided a mechanism for addressing such issues at the administrative level, thereby reinforcing the need for the representations to be considered under the established internal procedure.
Source reference: p.4, 5Holding
The Tribunal disposed of the Original Application at the admission stage.
It unequivocally directed the respondents to consider the applicants' representations and pass a reasoned and speaking order within six weeks from the date of receipt of the certified copy of the Order.
Source reference: p.5The Tribunal further mandated that the respondents should consider their own OM dated 18.11.2025 while passing such an order.
Source reference: p.5No order was made as to costs.
Source reference: p.6Original Court PDF
Dr. Daya Shankar Kumar & Ors. v. Govt. of NCT of Delhi & Anr. [O.A. No. 833/2026, M.A. No. 1091/2026, M.A. No. 1092/2026]
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