Respondents Directed to Pass Reasoned Order on Regularization of Child Care Leave and Service Record Rectification

The applicant, an employee in the Department of School Education, UT of J&K, sought regularization of Child Care Leave (CCL) for the period from 01-09-2015 to 25-03-2018 with full salary disbursement

She further alleged that three annual increments and associated monetary benefits had been illegally withheld

Additionally, the applicant claimed she was denied in-situ promotion and that her service records contained unauthorized "cuttings" and tampering

Having previously filed a representation (Annexure A-3) to the respondents regarding these grievances without redress, she approached the Tribunal seeking a direction for the respondents to update her service book and grant the claimed benefits

1. Whether the respondents are obligated to consider and decide upon the applicant's pending representation regarding regularization of CCL, release of increments, and correction of service records

Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to hear applications for redressal of grievances relating to service matters

Statutory provisions of SRO 232 of 2015, which governs the terms and conditions for the grant and regularization of Child Care Leave within the Union Territory of Jammu & Kashmir

The Tribunal did not adjudicate the merits of the applicant’s claims regarding the specific period of leave or the validity of the service record entries. Instead, it focused on the procedural lapse of the respondents in not addressing the applicant's existing representation

Given the "limited prayer" made by the applicant's counsel—wherein the applicant expressed satisfaction if the matter were disposed of with a direction for timely consideration—and the lack of objection from the respondents’ counsel (ld. A.A.G.), the Tribunal determined that an administrative direction was the appropriate remedy.

The Tribunal reasoned that the interest of justice would be served by compelling the respondents to pass a reasoned and speaking order based on the existing records and the averments made in the Original Application

It directed the respondents to accord consideration to the applicant’s case, specifically taking into account her prior representation and the OA averments

The respondents are ordered to pass a reasoned and speaking order within four weeks of receiving the certified copy of the judgment and must communicate said order to the applicant forthwith