Facts
The applicant is the son of Late Karnail Singh, who was engaged as a CP Worker by the Public Health Engineering (PHE) Department on September 5, 2000.
Source reference: p. 2The engagement was granted because the father provided his private land (measuring 01 Kanal 01 Marla) for the construction of a public water tank.
Source reference: p. 2The father served until his death on October 6, 2016, without being regularized despite alleged departmental assurances.
Source reference: p. 2-3The applicant filed representations for compassionate appointment on June 5, 2025, and February 14, 2026, which remained pending.
Source reference: p. 2-3Consequently, the applicant approached the Tribunal seeking a direction for appointment in light of previous judicial precedents and the disposal of his pending representations.
Source reference: p. 2Issues
1. Whether the respondents can be directed to consider and decide the applicant's pending representations for compassionate appointment in a time-bound manner.
Source reference: p. 3, para. 52. Whether the applicant is entitled to consideration for appointment based on the judgment in Basharat Hussain v. Union Territory of Jammu and Kashmir & Ors.
Source reference: p. 3, para. 5Law Applied
Section 19 of the Administrative Tribunals Act, 1985, which governs the filing of applications for the redressal of grievances regarding service matters.
Source reference: p. 1-2The precedent set in Basharat Hussain v. Union Territory of Jammu and Kashmir & Ors. (O.A. No. 61/931/2023, decided on June 2, 2025), which established the framework for considering similar claims for appointment within the department.
Source reference: p. 3, para. 5The administrative law principle requiring authorities to pass "reasoned and speaking orders" when deciding employee representations.
Source reference: p. 3, para. 6Reasoning
The Tribunal observed that the applicant’s counsel limited the prayer to a request for a time-bound disposal of the pending representations.
Source reference: p. 3, para. 4Rather than adjudicating on the merits of the appointment, the court found it appropriate to direct the administrative authorities to perform their duty of considering the claim.
Source reference: p. 3, para. 5The Tribunal integrated the current Original Application with the previous representations (dated June 5, 2025, and February 14, 2026) to be treated as a consolidated formal representation.
Source reference: p. 3, para. 5By directing the respondents to consider the case specifically in the context of the Basharat Hussain judgment, the Tribunal ensured that the applicant's claim is evaluated against established legal benchmarks for CP workers and land-donors.
Source reference: p. 3, para. 5The court emphasized procedural fairness by requiring a "reasoned and speaking order" to be communicated to the applicant, ensuring transparency in the decision-making process.
Source reference: p. 3, para. 6Holding
The Tribunal disposed of the Original Application with a direction to the respondents to treat the OA and the representations dated 05/06/2025 and 14/02/2026 as a formal representation for compassionate appointment.
The respondents are ordered to consider the applicant’s case in terms of the judgment in Basharat Hussain v. UT of J&K and pass a reasoned and speaking order within six weeks from the date of the order.
Source reference: p. 3-4, para. 5-7No costs were awarded.
Source reference: p. 4, para. 8Original Court PDF
SUNIL SINGHvsJAL SHAKTI DEPARTMENT
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