CAT - ['Kolkata']

Competent authority directed to decide pending compassionate appointment application via reasoned and speaking order within stipulated timeframe.

Ravi Shankar Sah vs INCOME TAX DEPARTMENT

CAT - ['Kolkata']JUDGMENT: April 22, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The deceased employee, Shri Arjun Sah, an employee of the Income Tax Department, died in harness on January 23, 2018

Source reference: p. 2, para. 6

His son, Applicant No. 1, submitted an application for appointment on compassionate grounds on February 26, 2018

Source reference: p. 3, para. 7

Despite submitting requested documents following a letter from the respondents dated December 8, 2025, no final decision was communicated by the authorities

Source reference: p. 3, para. 7

The applicants approached the Tribunal seeking a direction for the respondents to consider the appointment against vacancies for the recruitment years 2022 and 2023

Source reference: p. 2, para. 4(i)
02

Issues

1. Whether the respondents can be directed to take a time-bound decision on the pending application for compassionate appointment.

Source reference: p. 3, para. 8/10

2. Whether the applicants are entitled to join their prayer for joint prosecution.

Source reference: p. 2, para. 5
03

Law Applied

Section 5(6) of the Administrative Tribunals Act, 1985, regarding the jurisdiction of a Single Bench to dispose of matters involving no complicated questions of law

Source reference: p. 2, para. 1

Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, regarding joint prosecution of a case

Source reference: p. 2, para. 5

DoPT Office Memorandums (OM) No. 14014/02/2012-Estt (D) dated January 16, 2013, and No. 14014/1/2022-Estt (D) dated August 2, 2022

Source reference: p. 2, para. 4(i)
04

Reasoning

The Tribunal noted that while the application for compassionate appointment was filed shortly after the employee's death in 2018, and supplemental documents were submitted as recently as late 2025, the respondent authorities had failed to pass a final order

Source reference: p. 3, para. 7

Given the nature of the delay, the Tribunal found that the interests of justice would be served by directing the competent authority (Respondent No. 3) to evaluate the merits of the application without the Tribunal delving into the substantive merits of the claim at this stage

Source reference: p. 3, para. 8

The Tribunal accepted the request for joint prosecution by the widow and son of the deceased as they shared a common cause of action

Source reference: p. 2, para. 5
05

Holding

The Tribunal allowed the Miscellaneous Application for joint prosecution

the Tribunal directed Respondent No. 3 or the competent authority to take a final decision on the application dated February 26, 2018, by issuing a reasoned and speaking order within three months of receiving the certified copy of the judgment

Source reference: p. 3, para. 10

The Tribunal clarified it did not adjudicate on the merits of the appointment, and all legal points remain open for the respondents' consideration

Source reference: p. 4, para. 11

Case disposed of with no costs

Source reference: p. 4, para. 12
CAT - ['Kolkata']

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Ravi Shankar SahvsINCOME TAX DEPARTMENT

CAT - ['Kolkata'] · April 22, 2026

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