CAT - Delhi

Tribunal directs disposal of pending representations for promotion through reasoned and speaking orders within two months.

PANKAJ TIWARI vs MINES

CAT - DelhiJUDGMENT: April 06, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The fourteen applicants are Senior Chemists serving at various regional offices of the Geological Survey of India (GSI)

Source reference: p. 1-2

The applicants contended that they became eligible for promotion to the post of Superintending Chemist around the year 2020

Source reference: p. 3, para. 1

Although vacancies for the said post are available, the respondents have yet to convene a Departmental Promotion Committee (DPC)

Source reference: p. 3, para. 2

The applicants submitted several representations to the respondents regarding their promotion, which remained undecided as of the date of the hearing

Source reference: p. 3, para. 2

Consequently, the applicants approached the Tribunal seeking a direction for the disposal of these representations.

Source reference: no citation
02

Issues

Whether the Tribunal should direct the respondents to decide the pending representations regarding the promotion of the applicants to the post of Superintending Chemist

Source reference: p. 3, para. 4; p. 4, para. 5
03

Law Applied

The Tribunal followed the administrative law principle that requires competent authorities to dispose of personnel representations through "reasoned and speaking orders" within a reasonable timeframe

Source reference: p. 4, para. 5

This ensures administrative accountability and adheres to the principles of natural justice, specifically the right of an employee to have their service-related grievances considered by the employer in accordance with law

Source reference: p. 4, para. 5
04

Reasoning

The Tribunal declined to delve into the substantive merits of the applicants' eligibility for promotion or the reasons for the delay in convening the DPC

Source reference: p. 4, para. 5

Instead, the court focused on the procedural stalemate created by the respondents' silence on the applicants' representations.

Source reference: no citation

Upon the applicants' submission that they would be satisfied with a time-bound direction for the disposal of their grievances, the Tribunal found it appropriate to exercise its jurisdiction to mandate a decision

Source reference: p. 3, para. 4

By directing the passing of a "reasoned and speaking order," the Tribunal ensured that the respondents must provide a legal and factual basis for their eventual decision, thereby facilitating potential future judicial review if the merits remain contested

Source reference: p. 4, para. 5
05

Holding

The Tribunal allowed MA No. 416/2026 for joining the applicants in a single petition

Regarding the main OA, the Tribunal directed Respondent Nos. 1 and 2 to consider and decide the applicants' pending representations by passing a reasoned and speaking order, in accordance with the law, within two months of receiving the order

Source reference: p. 4, para. 5

The OA was disposed of with no order as to costs

Source reference: p. 4, para. 6
CAT - Delhi

Original Court PDF

PANKAJ TIWARIvsMINES

CAT - Delhi · April 06, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment