Facts
The five applicants were appointed as Librarians between 1992 and 2002 under the State Council of Educational Research & Training (SCERT), Government of NCT of Delhi.
Source reference: p. 3, para 2The applicants approached the Tribunal seeking a direction to the respondents to grant them a Grade Pay of Rs. 6,000/- effective from December 5, 2018, along with interest and arrears.
Source reference: p. 3, para 1Prior to filing the Original Application (O.A.), the applicants had served a legal notice/representation dated May 4, 2026, to the respondents regarding their claims, which remained pending.
Source reference: p. 3, para 3During the hearing, the applicants restricted their prayer to a time-bound disposal of said representation.
Source reference: p. 3, para 3Issues
1. Whether the Tribunal should direct the respondents to decide the pending representation of the applicants regarding the grant of Grade Pay and salary revision in a time-bound manner?
Source reference: p. 4, para 6Law Applied
Section 19 of the Administrative Tribunals Act, 1985, which empowers the Tribunal to adjudicate disputes regarding recruitment and conditions of service.
Source reference: p. 3, para 1Principles of natural justice, which necessitate that a competent authority must consider and decide a civil servant's representation through a reasoned and speaking order.
Source reference: p. 4, para 6Reasoning
The Tribunal did not delve into the merits of the applicants' claim for upgraded Grade Pay.
Source reference: p. 4, para 5The Bench noted that the applicants had already submitted a legal notice/representation on May 4, 2026.
Source reference: p. 4, para 3Applying the principles of natural justice and administrative efficiency, the Tribunal reasoned that the competent authority among the respondents is duty-bound to adjudicate such representations by passing a "reasoned and speaking order".
Source reference: p. 4, para 6This approach ensures that the executive performs its statutory functions before the court intervenes on the substantive merits of the claim.
Source reference: p. 4, para 7Holding
The Tribunal disposed of the O.A. at the admission stage without expressing any opinion on the merits of the Grade Pay claim.
It directed the competent authority among the respondents to consider and decide the applicants' representation dated May 4, 2026, by passing a reasoned and speaking order within four weeks of receiving the court order.
Source reference: p. 4, para 6The decision must be communicated to the applicants immediately thereafter.
Source reference: p. 4, para 6No order as to costs was made.
Source reference: p. 5, para 10Original Court PDF
Vijay Kumar RakeshvsState Council of Educational Research & Training under GNCTD
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