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Judgment
By Hon’ble Dr. Chhabilendra Roul, Member (A):-
Present OA has been filed by the applicants under Section 19 of the Administrative Tribunals Act 1985, seeking the following reliefs:-
“(i)Direct the respondents to grant correct pay fixation ₹9300-34800 + Grade Pay ₹4200 for the post of LIA and grant all the arrears thereof.
(ii)Applicants be extended the benefits of correct pay fixation from the date of initial appointment itself as has been granted to similarly situated persons.
(iii)Grant all the consequential benefits along with interest to the applicants;
(iv)Award exemplary costs in favour of the applicants;
(v)May also pass any further order(s) direction(s) as be deemed just and proper to meet the ends of justice.”
Learned counsel for applicants submits that this is second round of litigation. Earlier there were six applicants, who approached this Tribunal in OA No. 2620/2013 and this Tribunal vide order dated 06.02.2015 passed the following order:-
“8.We, therefore, see no difficulty in implementation of the new pay structure along with the revised qualifications and they need not be kept pending till notification of the amended RRs. If an incumbent does not have the requisite qualification as indicated in Annexure I of the OM, he would not get the higher pay scale and if he has, he would.
9.The OA is thus allowed and the respondents are directed to notify the revised pay structure as decided by their Committee (para 3) and give the revised pay scales to the incumbents if they possess the required qualifications as per annexure A-I of OM dated 24.07.1990. Award of revised pay scales to the eligible incumbents possessing required qualifications cannot be held up on the ground that RRs have not been notified. These directions should be implemented within a period of three months from the date of receipt of a copy of this order. No costs.”
The respondents approached the Hon’ble Delhi High Court in W.P.(C) No. 10305/2016. The Hon’ble High Court has passed the following order
“18.Accordingly, the present petition is disposed of with a direction to the petitioners to strictly comply with the said directions and grant the consequential relief to the respondents within a period of eight weeks, if not already granted, along with interest at the rate of 8% per annum.”
In pursuance of High Court’s order, the respondents have given correct pay scales to the co-applicants in OA No. 2620/2013, however, in case of the present applicants, they have not given the correct fixation. The present applicants have submitted the representation dated 24.06.2026 (page 126-128 by Applicant no. 2) and (Page 129-131 by Applicant No. 1) to the respondents. However, the respondents have not given any response. Being aggrieved, the applicants have filed the present OA seeking the aforementioned reliefs.
A query was put to the learned counsel for applicant whether the present OA is not barred by principle of res-judicata, as there is finality regarding the issue raised in the instant OA by the applicants in the earlier OA No. 2620/2013. Learned counsel for applicant submits that though during the interim proceedings before the Delhi High Court the respondents vide order dated 17.06.2025 have given certain pay scale to the present applicants but this is not per decision of the Tribunal in OA No. 2620/2013.
Issue notice. Mr. Trilok Singh Bisht, learned counsel, who appears for respondents on advance service, accepts notice. He seeks and is allowed four weeks' time to file reply. Rejoinder, if any, be filed within two weeks thereafter.
At this stage, learned counsel for the applicants submits that the applicants will be satisfied if direction be issued to the respondents to dispose of their pending representation dated 24.06.2026 (Annexure A-18, Colly) by passing a reasoned and speaking order in a time bound manner.
In view of the limited prayer made by learned counsel for the applicants, the present OA is disposed of with direction to the respondents to decide the pending representation dated 24.06.2026 (Annexure A-18, Colly) of the applicants by passing a reasoned and speaking order within a period of eight weeks from the date of receipt of a certified copy of this order. We make it emphatically clear that we have not examined or expressed any opinion in respect of merits of the case.
The OA is disposed of in the above manner. Pending MAs also stand disposed of accordingly. No order as to costs.