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Judgment
O R D E R
Delivered by: Justice Rajiv Joshi, Member (J)
Heard Shri Jitendra Nayak assisted by Shri Vinod Kumar, learned counsel for the applicants and Shri Prabhav Srivastava, learned counsel for the respondents and with the consent of learned counsel for both the parties, the instant original application is being disposed of at the admission stage itself.
The instant Original Application, under section 19 of the Administrative Tribunals Act, 1985, has been filed by the applicants seeking following reliefs:
“i-issue order or direction to respondent no. 2 to grant the grade pay of Rs. 4600 and revise the pay of applicants since 01.01.2006 accordingly and/ or any other order and further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
ii-issue order or direction to respondent no. 2 to pass speaking order on the representation dated 26.07.2025 and 15.01.2026 during pendency of the present Original Application before the Hon'ble Tribunal and/or any other order and further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
iii- Award the costs of the original application in favour of the applicant.”
The applicants have approached this Tribunal seeking directions upon the respondents for grant of Grade Pay of Rs. 4600/- and revision of pay w.e.f 01.01.2006. The applicants have also relied upon the Office Memorandum 13.11.2009 with regard to grant of the revised pay structure of grade pay of Rs. 4600/- in the pay band PB-2 to posts that existed in the pre-revised scale of Rs. 6500-10500 as on 01.01.2006 and which were granted the normal replacement pay structure of grade pay of Rs. 4200/-. At the very outset, learned counsel for the applicants submits that the representation of the applicants dated 26.07.2025 (appended as Annexure A-5) followed by reminder dated 15.01.2026 (appended as Annexure A-6) are pending before the respondents but the respondents have neither shown any consideration nor any orders have been passed. He further submits that the applicants would be satisfied, if a direction is issued upon the competent authority amongst the respondents to dispose of the pending representation of the applicant by passing a reasoned and speaking order.
Shri Prabhav Srivastava, learned counsel representing the respondents states that he has no objection, if appropriate order is passed in this regard.
The record reflects that the representation of the applicants dated 25.07.2025 (inadvertently typed as 26.07.2025) (appended as Annexure A-5) has not been decided by the respondents till date. Therefore, the Competent Authority amongst the respondents is directed to consider the case of the applicants and take a decision on the pending representation of the applicants by passing a reasoned and speaking order, under intimation to the applicants in the light of the OM dated 13.11.2009 as has been relied upon by the applicants, in accordance with law, within a period of one month from the receipt of the certified copy of this order.
It is made clear that the aforesaid order is confined only to those employees, who have filed this OA through the applicant-1 and applicant-2.
It is also made clear that this Court has not gone into the merits of the case.
With the aforesaid observation and direction, the instant Original Application stands disposed of. No order as to costs.
Pending M.A., if any, stands disposed of accordingly.