CAT - Allahabad

Competent authority directed to decide pending representation through a reasoned and speaking order within three months.

Jitendra Kumar bharti vs NORTHERN EASTERN RAILWAY

CAT - AllahabadJUDGMENT: March 25, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, appointed as a Helper in the Railway Department on August 6, 2013, under the Izzatnagar Division, was transferred from Pilibhit to Tanakpur

Source reference: p. 2, para. 3

He sought a transfer to Azamgarh on humanitarian grounds, citing the serious medical ailments of his aged parents and the lack of other male family members to care for them, given the 600 km distance between his current posting and native place

Source reference: p. 2, para. 3

The applicant submitted a representation to the competent authority on January 30, 2026, which remained undecided

Source reference: p. 2, para. 3

Consequently, the applicant filed the present Original Application seeking a direction for the disposal of said representation

Source reference: p. 2, para. 2
02

Issues

Whether the Tribunal should exercise its jurisdiction to direct the respondents to decide upon a pending representation regarding a transfer request on humanitarian grounds

Source reference: p. 3, para. 6
03

Law Applied

The Tribunal applied the principle of administrative responsiveness, requiring competent authorities to consider personnel grievances in accordance with applicable rules and administrative exigencies

Source reference: p. 3, para. 5

It further relied on the legal requirement that administrative representations must be disposed of by passing a "reasoned and speaking order" in accordance with law

Source reference: p. 4, para. 6
04

Reasoning

The Tribunal noted the undisputed fact that the applicant’s representation dated January 30, 2026, was pending

Source reference: p. 3, para. 6

While the respondents contended that a mandamus cannot be issued for a transfer to a specific location and that the application was premature, the Tribunal found that no fruitful purpose would be served by keeping the O.A. pending

Source reference: p. 3, para. 5-6

By directing the respondents to decide the representation without expressing an opinion on the merits, the Tribunal balanced the applicant’s right to a timely administrative decision with the respondents' prerogative to manage transfers based on exigencies

Source reference: p. 4, paras. 6-7
05

Holding

The Tribunal disposed of the O.A. at the admission stage without expressing any opinion on the merits or the issue of delay and laches

It directed the competent authority among the respondents to consider and decide the applicant's representation dated January 30, 2026, by passing a reasoned and speaking order within three months from the receipt of the certified copy of the order

Source reference: p. 4, para. 6

The resulting order must be communicated to the applicant immediately

Source reference: p. 4, para. 6
CAT - Allahabad

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Jitendra Kumar bhartivsNORTHERN EASTERN RAILWAY

CAT - Allahabad · March 25, 2026

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