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SANJEEV SACHDEVA, MANOJ JAIN
Hari Prasad Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioners, who are Junior and Assistant Engineers presently employed or who were in the employment of the respondent, Border Road Organization, contend that the recommendations of the Fifth and the Sixth Pay Commission have not been correctly implemented.
2. Learned counsel for petitioners submits that a representation was given to the respondent on 03.02.2023, however, the same has still not been decided.
3. Issue notice. Notice is accepted by learned counsel appearing for the respondents. Learned counsel for respondent submits that the representation is still pending and under active consideration of the competent authority.
4. In view of the above, respondents are directed to decide the representation filed by the petitioners dated 03.02.2023, preferably within a period of eight weeks. Petitioners are permitted to file a supplementary to the representation, if they so desire, within a period one week from today.
5. Petition is disposed of in the above terms. It would be open to the petitioners to avail of any further remedy as may be available in accordance with law in case aggrieved by the outcome of the representation.
6. Order d
The court has the authority to direct a respondent to decide a petitioner's representation within a stipulated period of time.
The court emphasized the need for expeditious redressal of grievances and directed the competent authority to consider and decide the representation in accordance with the law.
The principle of mandamus can be invoked to compel public authorities to perform their duties in a timely manner.
The court emphasized the need for timely adjudication of representations under Rule 5 (2) (a) of the Central Civil Services (Temporary Service) Rules, 1965.
The Court mandated timely consideration of a pending representation for compensation under Article 226, ensuring adherence to legal obligations.
The court has the authority to permit the petitioner to file a fresh detailed representation and direct the respondent to consider and dispose of the same within a specified time frame.
The court established that while it can direct the consideration of representations, it does not dictate the outcome of such considerations.
Court directs consideration of representation for land acquisition compensation within 12 weeks.
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