CAT Stays Surplus Railway Worker’s Posting Under Commercial Manager Until Officials Decide His Juhi Request, Weighing Disability And Family Circumstances Within 2 Months

In brief

The question

Whether the competent authority was required to consider the applicant’s request for posting at Juhi in light of the ACMS’s letters, the applicant’s disability and family circumstances, and the availability of a sanctioned post.

The court held

The Tribunal disposed of the application at the admission stage without deciding its merits.

It also directed

It directed the competent authority to decide the applicant’s representation dated 10 October 2026 by a reasoned, speaking order, in accordance with the applicable rules, within two months, and to communicate the decision to him.

Until that decision is made, the operation of the posting order dated 25 September 2026 was stayed.

No order as to costs was made.

01Facts

The applicant, a House Keeping Assistant in the Railway Medical Department, was declared surplus after cleanliness and malaria-control work was outsourced.

¶ 1–5

Following screening, he was allotted the post of General Assistant (General Administration) and posted under the Senior Divisional Commercial Manager, Jhansi Division.

¶ 1–5

He sought posting at the Health Centre, Juhi, relying on letters from the Assistant Chief Medical Superintendent (ACMS) indicating a need for a General Assistant.

¶ 1–5

The respondents disputed that a sanctioned Level-1 post was available there.

¶ 1–5

The applicant also relied on his visual impairment and family circumstances.

¶ 1–5

After his representation dated 10 October 2026 was not resolved, he challenged the posting order dated 25 September 2026 before the Tribunal under Section 19 of the Administrative Tribunals Act, 1985.

¶ 1–5

02Issues

i.Whether the competent authority was required to consider the applicant’s request for posting at Juhi in light of the ACMS’s letters, the applicant’s disability and family circumstances, and the availability of a sanctioned post.

¶ 7–8

ii.Whether the posting order dated 25 September 2026 should remain operative while that representation was being considered.

¶ 9

03Law Applied

The application was brought under Section 19 of the Administrative Tribunals Act, 1985, which provides the procedural basis for an application to the Tribunal.

¶ 1

The Tribunal identified no specific statutory provision, precedent, or substantive posting rule as governing the merits.

¶ 1

It directed that the representation be considered under the applicable rules, taking account of the relevant administrative circumstances, and that the decision be reasoned and communicated to the applicant.

¶ 8–9

Provisions in the judgment · 1 · Linked ones open on LawLens

Administrative Tribunals Act, 1985 Section 19

04Reasoning

The Tribunal noted the competing material: the ACMS’s letters indicated a requirement for a General Assistant at Juhi, while the respondents asserted that no sanctioned Level-1 post was available there.

¶ 7–8

Because the applicant’s disability and family circumstances also required consideration, the Tribunal directed the competent authority to assess those matters alongside the letters, sanctioned-post availability, and departmental requirements.

¶ 8–9

It did not decide whether the applicant was entitled to the requested posting.

¶ 8–9