CAT - ['Kolkata']
Employment and Labour LawAdministrative and Public Law

Competent authority must consider pending regularisation representations and issue a reasoned decision after individual verification.

Appal Raju vs HOME AFFAIRS

CAT - ['Kolkata']JUDGMENT: September 11, 20263 MIN READSOURCE JUDGMENT
Competent authority must consider pending regularisation representations and issue a reasoned decision after individual verification.. Appal Raju vs HOME AFFAIRS. CAT - ['Kolkata']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The eight applicants were employees working as mazdoors, sweepers, and a computer assistant under the Directorate of Shipping Services, Andaman and Nicobar Administration.

Source reference: p.1-2

They had submitted individual representations dated 17 July 2026 seeking regularisation of their services on parity with other contractual employees whose services had allegedly been regularised pursuant to judicial orders.

Source reference: para. 2

Since the representations remained pending, the applicants instituted the Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking directions for their consideration and disposal.

Source reference: para. 2

The applicants claimed to be similarly situated to the applicants in O.A. No. 351/1198/2025, disposed of by the Tribunal on 29 June 2026.

Source reference: para. 6

The respondents did not oppose consideration of the representations, subject to verification of the applicants’ individual cases.

Source reference: para. 8

The applicants consequently limited their request to consideration and communication of a reasoned decision on their representations.

Source reference: para. 7
02

Issues

Whether the competent respondent authority should be directed to consider and decide the applicants’ pending representations dated 17 July 2026 concerning regularisation of their services.

Source reference: paras. 5, 7-9

Whether such consideration should be undertaken after verification of the applicants’ individual cases and communicated through a reasoned and speaking order within a prescribed period.

Source reference: paras. 8-9
03

Law Applied

The Tribunal exercised jurisdiction under Section 19 of the Administrative Tribunals Act, 1985, which enables an aggrieved government servant to seek adjudication of service-related grievances before the Central Administrative Tribunal.

Source reference: para. 2

The Tribunal also applied Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987, permitting applicants having a common grievance or cause of action to pursue the remedy jointly; the joint-prosecution application was accordingly allowed.

Source reference: para. 4

Where an applicant seeks only consideration of a pending representation, the authority may be directed to examine it, verify the relevant facts, and communicate its decision by a reasoned and speaking order, without the Tribunal adjudicating the substantive claim at the admission stage.

Source reference: paras. 7-9
04

Reasoning

The Tribunal noted that the applicants’ immediate grievance was the non-consideration of their representations, rather than a request for the Tribunal to directly order regularisation.

Source reference: paras. 5 and 7

Since the representations were pending and the respondents had no objection to their consideration after verification of the individual cases, the Tribunal found the prayer to be innocuous and appropriate for disposal at the admission stage.

Source reference: para. 8

The Tribunal therefore refrained from examining the merits of the applicants’ regularisation claims or conclusively determining whether they were similarly situated to the employees in O.A. No. 351/1198/2025.

Source reference: no citation

Instead, it directed the competent authority to consider the representations in light of the judgment relied upon by the applicants, treating the present Original Application as part of the representations, and to issue a reasoned decision after verifying each applicant’s case.

Source reference: para. 9
05

Holding

The Tribunal allowed M.A. No. 351/809/2026 and permitted the applicants to pursue the proceedings jointly under Rule 4(5)(a).

The Original Application was disposed of without entering into the merits, with a direction to the competent respondent authority to consider the applicants’ individual representations dated 17 July 2026, after verifying their respective cases and in light of the judgment relied upon by them.

Source reference: para. 9

The authority was directed to communicate a reasoned and speaking order to the applicants within eight weeks from the date of receipt of a certified copy of the order.

Source reference: paras. 9-10

No order was made as to costs.

Source reference: para. 10
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Kolkata']

Original Court PDF

Appal RajuvsHOME AFFAIRS

CAT - ['Kolkata'] · September 11, 2026

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