CAT - ['Delhi']
Employment and Labour LawAdministrative and Public Law

Respondents must reconsider claims for Grade Pay ₹5,400 and issue speaking orders within eight weeks.

Vithal Govindrao Pallewad vs DEPTT OF POSTS

CAT - ['Delhi']JUDGMENT: August 17, 20263 MIN READSOURCE JUDGMENT
Respondents must reconsider claims for Grade Pay ₹5,400 and issue speaking orders within eight weeks.. Vithal Govindrao Pallewad vs DEPTT OF POSTS. CAT - ['Delhi']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Forty-eight employees and one voluntary retiree of the Department of Posts, serving in various regions and posts, filed the Original Application under Section 19 of the Administrative Tribunals Act, 1985.

Source reference: p. 9, para. 1

They claimed that, having received Grade Pay of ₹4,800 through financial upgradation under the MACP/non-functional upgradation scheme and having completed four years in that Grade Pay, they were entitled to Grade Pay of ₹5,400, with consequential pay fixation, arrears and other benefits.

Source reference: p. 9–10, para. 1

The applicants also challenged various departmental orders insofar as benefits were allegedly extended only to employees who had approached courts or to members of an association.

Source reference: p. 9–10, para. 1

They had submitted representations, placed at Annexure A-11, which had either remained pending or had been rejected on the ground that similar benefits were granted only to employees who had obtained court orders.

Source reference: p. 12, para. 5

The respondents accepted notice and consented to a direction for consideration of the representations.

Source reference: p. 11–12, paras. 4–6
02

Issues

Whether the respondents should be directed to consider or reconsider the applicants’ representations concerning grant of Grade Pay of ₹5,400 after completion of four years in Grade Pay of ₹4,800, in light of the judicial precedents relied upon by the applicants?

Source reference: p. 12–13, paras. 5–7

Whether the Tribunal should itself grant the claimed financial benefits and quash the impugned departmental orders at the admission stage?

Source reference: p. 9–10, para. 1; p. 13, para. 7
03

Law Applied

The Tribunal applied Section 19 of the Administrative Tribunals Act, 1985, under which an aggrieved government employee may approach the Tribunal for adjudication of service-related grievances.

Source reference: p. 9, para. 1

It relied upon the principle that administrative authorities must consider employee representations by passing a reasoned and speaking order, particularly where the claim is founded on allegedly applicable judicial decisions.

Source reference: p. 12–13, paras. 5–7

The Tribunal took note of the decisions relied upon by the applicants, including B. Udaya Shankara Rao, M.R. Kulkarni, the Bangalore Bench’s order in O.A. No. 41/2025, and Union of India v. Sunil Kumar Rai, concerning entitlement to Grade Pay of ₹5,400 after completion of four years in Grade Pay of ₹4,800 obtained through financial or non-functional upgradation.

Source reference: p. 10–12, paras. 2–3

However, the Tribunal expressly refrained from deciding the substantive merits of the entitlement.

Source reference: p. 13, para. 7
04

Reasoning

The Tribunal noted that the applicants’ claim involved the applicability of several judicial precedents and that some representations had been rejected on the basis that benefits were granted only to employees who had approached the courts.

Source reference: p. 12–13, paras. 5–7

Since the respondents had agreed to reconsider the representations, the Tribunal considered it appropriate to require a fresh, reasoned determination rather than adjudicate the entitlement directly at the admission stage.

Source reference: p. 12–13, paras. 5–7

The respondents were therefore directed to examine the representations in light of the cited judgments and to determine the applicants’ claims in accordance with law.

Source reference: p. 12–13, paras. 5–7

The Tribunal clarified that it had not expressed any opinion on the merits.

Source reference: p. 13, para. 7
05

Holding

The Tribunal allowed M.A. No. 3966/2026, permitting the applicants to join together in one Original Application.

With the consent of the parties, O.A. No. 3106/2026 was disposed of by directing the respondents to consider or reconsider the representations contained in Annexure A-11 and pass a reasoned and speaking order, keeping in view the judgments relied upon by the applicants, within eight weeks from receipt of a certified copy of the order.

Source reference: p. 13, para. 7

The Tribunal did not itself grant Grade Pay of ₹5,400, arrears or consequential benefits, nor did it finally decide the validity of the impugned departmental orders.

Source reference: p. 13, para. 9

No order as to costs was made, and pending miscellaneous applications stood disposed of.

Source reference: p. 13, para. 9
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Delhi']

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Vithal Govindrao PallewadvsDEPTT OF POSTS

CAT - ['Delhi'] · August 17, 2026

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