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. 6His son, Applicant No. 1, submitted an application for appointment on compassionate grounds on February 26, 2018
Source reference: p. 3, para. 7Despite 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. 7The 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)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. 8/102. Whether the applicants are entitled to join their prayer for joint prosecution.
Source reference: p. 2, para. 5Law 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. 1Rule 4(5)(a) of the CAT (Procedure) Rules, 1987, regarding joint prosecution of a case
Source reference: p. 2, para. 5DoPT 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)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. 7Given 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. 8The 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. 5Holding
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. 10The 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. 11Case disposed of with no costs
Source reference: p. 4, para. 12Original Court PDF
Ravi Shankar SahvsINCOME TAX DEPARTMENT
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