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Judgment
ORDER
Mr. Ashok Kumar Dwivedi, learned counsel for the applicants and Mr. Chakrapani Vatsyayan, learned counsel for the respondents, are present and heard.
The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
“(i)To issue an appropriate order or direction in the nature of Mandamus directing the respondent no.4 to consider and decide the representation/application dated 27.04.2026 submitted by the applicants in respect of treating them regular workers and provide them the payment of salary @ 1/30th pay + DA per month.
(ii)To issue an appropriate order or direction in the nature of Mandamus directing the respondents to provide the applicants the payment of salary @ 1/30th pay + DA per month as per DOP&T OM dated 07.06.1988 and OM issued by respondent no.1 dated 11.05.2009 and other service benefits for the applicants which they are entitled as per the Government Order time to time issued by Government of India.
(iii)To issue any writ, order or direction which this Hon'ble Tribunal may deem fit, proper and necessary in the circumstances of this case.
(iv)To award costs of the application in favour of the Central Administrative Tribunalapplicant.”
The brief facts of the case are that the applicants are working as casual (ward-watch) workers under the Archaeological Survey of India at Karvi Sub-Division. Applicant No.1 was engaged in February, 2010, Applicant No.2 in the year 2010, Applicant No.3 in the year 2001 and Applicant No.4 in the year 2014. The applicants have been continuously discharging their duties for eight hours a day and claim entitlement to wages at the rate of 1/30th of the minimum of the relevant pay scale of Group ‘D’ plus DA, in terms of the applicable Government instructions. It is their grievance that similarly situated casual workers in other Sub-Divisions have been extended the said benefit, whereas the applicants have been denied the same. The applicants submitted a representation dated 27.04.2026 before the concerned respondent seeking grant of the aforesaid benefit, which is stated to be pending consideration. They have, therefore, approached this Tribunal seeking appropriate directions in the matter.
Learned counsel for the applicants submitted that the applicants have been continuously working as casual workers for a considerable period and are discharging their duties for eight hours a day, but are not being paid wages at the rate of 1/30th of the minimum of the relevant pay scale of Group ‘D’ plus DA. It is submitted that similarly situated casual workers have already been extended the said benefit in terms of the applicable Government instructions and orders passed in similar matters. Learned counsel further submitted that the representation dated 27.04.2026 submitted by the applicants is pending consideration before the competent authority and, therefore, appropriate directions may be issued for its consideration and disposal in accordance with law.
At this stage, learned counsel for the applicants submitted that the applicants would be satisfied if a direction is issued to Respondent No. 4/Competent Authority to consider and decide the representation dated 27.04.2026 submitted by the applicants seeking to treat them as regular workers and to provide them payment of salary at the rate of 1/30th of the minimum of the relevant pay scale of Group ‘D’ plus DA per month. Learned counsel further submitted that O.A. No. 594/2018 was decided on 24.12.2025 and was allowed, wherein similarly situated casual workers were granted the aforesaid benefit, and the applicants claim parity with the applicants therein. It is further submitted that, on the basis of the aforesaid order, the applicants submitted the representation dated 27.04.2026, which is presently pending consideration before the competent authority.
On the other hand, learned counsel for the respondents has no objection if a direction is issued to the respondents to consider and decide the pending representation of the applicants dated 27.04.2026, in accordance with law, within a stipulated period.
In view of the fair submissions made by learned counsel for the parties and without entering into the merits of the case, the instant Original Application is disposed of with a direction to Respondent No. 4/Competent Authority to consider and decide the pending representation of the applicants dated 27.04.2026, in the light of the judgment and Central Administrative Tribunalorder dated 24.12.2025 passed by this Tribunal in O.A. No. 594/2018, whereby the Original Application was allowed, and pass a reasoned and speaking order in accordance with law, preferably within a period of three months from the date of receipt of a certified copy of this order.
It is made clear that this Tribunal has not entered into the merits of the case.
Accordingly, the Original Application stands disposed of at the admission stage. No order as to costs.
All pending Miscellaneous Applications, if any, also stand disposed of.