Facts
The applicant, an employee of the Jammu and Kashmir and Ladakh Finance Corporation who had been deputed to the Government, claimed ₹1,43,511 in Sixth Pay Commission arrears for 1 January 2006 to 30 June 2010. The Corporation’s report recorded ₹72,339 as payable by it and ₹71,172 as payable by the Government; the applicant disputed receiving a separately approved payment of ₹36,000.
Source reference: p.3, para. 5After the applicant’s representations remained undecided, he filed this OA seeking payment, reconciliation and related reliefs.
Source reference: pp. 1–3, paras. 1–6At the hearing, his counsel agreed that the OA could be disposed of by directing the respondents to decide the representations within a fixed time, and the respondents did not object.
Source reference: p.4, para. 7Issues
Whether the respondents should be directed to decide the applicant’s pending representations concerning the claimed arrears within a specified period.
Source reference: p.4, paras. 7–8Whether the Tribunal should determine the applicant’s entitlement to the arrears or other substantive reliefs at this stage.
Source reference: p.5, paras. 8–9Law Applied
The Tribunal did not identify or apply a specific statutory provision, precedent, or substantive legal doctrine. It disposed of the OA on the applicant’s narrowed request, which was not opposed, and directed a reasoned and speaking decision on the representations, having regard to the Corporation’s communication dated 22 March 2019 and the applicant’s entitlement, subject to any impediment.
Source reference: p.4, para. 7; p.5, para. 8The Tribunal expressly left the merits undecided.
Source reference: p.5, para. 9Reasoning
The applicant agreed to seek only a time-bound decision on his representations, and the respondents did not oppose that course.
Source reference: p.4, para. 7The Tribunal therefore did not adjudicate the disputed payment, deductions, or the applicant’s ultimate entitlement to arrears. Instead, it directed the respondents to consider the identified representations and issue a reasoned order in light of the 22 March 2019 communication, while expressly reserving the merits.
Source reference: p.5, paras. 8–9Holding
The OA was disposed of at the admission stage, without a decision on the merits.
The respondents were directed to decide the representations dated 7 May 2024, 30 October 2025 and 16 February 2026 by a reasoned and speaking order within six weeks of receiving the Tribunal’s order, subject to the applicant’s entitlement and any impediment.
Source reference: p.5, para. 8No order as to costs was made.
Source reference: p.5, para. 10Original Court PDF
Abdul gani sheergojrivsGENERAL ADMINISTRATIVE DEPARTMENT
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