Competent Authorities Must Decide Representation on Non-Forwarding of an Ex-Serviceman’s Application by Speaking Order

The applicant, an ex-serviceman serving as a Lance Naik, applied through the Zila Sainik Board, Kushinagar, for the post of Library and Information Assistant (Group B, Non-Gazetted) at the National Sugar Institute, Kanpur.

His application was not forwarded to the Directorate General of Resettlement (DGR) in the prescribed Excel format, and his candidature was consequently not considered.

He challenged the DGR’s intimation dated 21 August 2026 and sought consideration of his candidature.

At the hearing, he sought liberty to make a fresh representation, and the respondents did not oppose a direction for its consideration.

Whether the applicant should be permitted to submit a fresh representation concerning the non-forwarding of his application to the DGR in the prescribed format

Whether the competent authority should be directed to consider that representation and decide it in accordance with the applicable guidelines

The Tribunal cited no statute, regulation, or precedent as the basis for its order.

It applied the case-specific procedural course of directing the applicant to approach the competent authority by representation, with that authority to consider and decide the grievance in accordance with the applicable guidelines and by a reasoned, speaking order.

The Tribunal expressly left the merits of the applicant’s claim open.

The applicant’s grievance concerned the alleged failure of the Zila Sainik Board to forward his application in the prescribed format, while the DGR’s intimation recorded that the details had not been received.

As the applicant sought liberty to make a fresh representation and the respondents had no objection to its consideration, the Tribunal disposed of the matter by directing the applicant to submit that representation and the competent authority to decide it under the applicable guidelines.

It did not determine whether the applicant was eligible or entitled to appointment.

It directed the applicant to submit a fresh representation to respondents 2 and 3 within two weeks of receiving a certified copy of the order, and directed the competent authority to pass a reasoned and speaking order within three months of receiving the representation.

No order as to costs was made; pending miscellaneous applications, if any, were also disposed of.