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. 1They 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. 1The 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. 1They 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. 5The respondents accepted notice and consented to a direction for consideration of the representations.
Source reference: p. 11–12, paras. 4–6Issues
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. 5–7Whether 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. 7Law 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. 1It 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. 5–7The 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. 2–3However, the Tribunal expressly refrained from deciding the substantive merits of the entitlement.
Source reference: p. 13, para. 7Reasoning
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. 5–7Since 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. 5–7The 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. 5–7The Tribunal clarified that it had not expressed any opinion on the merits.
Source reference: p. 13, para. 7Holding
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. 7The 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. 9No order as to costs was made, and pending miscellaneous applications stood disposed of.
Source reference: p. 13, para. 9Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
Vithal Govindrao PallewadvsDEPTT OF POSTS
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Original judgment, available to read, download and summarize on LawLens.in
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