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

Competent authority must decide pending regularisation representations by a reasoned order within eight weeks.

Denish vs TRANSPORT

CAT - ['Kolkata']JUDGMENT: September 15, 20263 MIN READSOURCE JUDGMENT
Competent authority must decide pending regularisation representations by a reasoned order within eight weeks.. Denish vs TRANSPORT. CAT - ['Kolkata']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The ten applicants were working as Bus Conductors under the Andaman and Nicobar Administration, primarily in various STS units and bus termini in the Nicobar and South Andaman districts.

Source reference: pp. 1–2

They submitted individual representations dated 14 August 2026 seeking regularisation of their services, claiming parity with similarly placed contractual/daily-rated employees whose services had allegedly been regularised pursuant to judicial orders.

Source reference: para. 2, p. 3

As the representations remained pending, the applicants instituted the Original Application under Section 19 of the Administrative Tribunals Act, 1985, principally seeking directions for their expeditious consideration.

Source reference: para. 2, p. 3

The applicants relied upon the Tribunal’s orders in O.A. No. 351/1198/2025 and O.A. No. 351/1344/2026, dated 29 June 2026 and 11 September 2026, respectively.

Source reference: para. 6, p. 3

Their counsel ultimately confined the relief to consideration and disposal of the representations. The respondents raised no objection, subject to verification of the applicants’ individual cases.

Source reference: paras. 7–8, p. 3
02

Issues

Whether the applicants’ pending individual representations dated 14 August 2026 seeking regularisation were required to be considered and decided by the competent authority within a stipulated period.

Source reference: paras. 5, 7–9, pp. 3–4

Whether the ten applicants could prosecute the proceedings jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987.

Source reference: para. 4, p. 3

Whether the Tribunal should adjudicate the applicants’ substantive claim for regularisation at the admission stage.

Source reference: para. 9, p. 4
03

Law Applied

The Tribunal applied Section 19 of the Administrative Tribunals Act, 1985, which permits an aggrieved government servant to approach the Tribunal for redressal of a service-related grievance.

Source reference: para. 2, p. 3

It applied Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987, permitting joint prosecution where applicants have a common interest or common questions for determination.

Source reference: para. 4, p. 3

The Tribunal also applied the administrative-law principle that a pending representation must be considered by the competent authority and decided through a reasoned and speaking order, without the Tribunal itself prejudging the merits.

Source reference: para. 9, p. 4

The Tribunal took note of its earlier orders in O.A. Nos. 351/1198/2025 and 351/1344/2026, but did not independently determine whether those orders entitled the present applicants to regularisation.

Source reference: para. 6, p. 3
04

Reasoning

Since the applicants’ immediate grievance concerned the non-disposal of their representations, and not an adjudication of their entitlement to regularisation, the Tribunal treated the relief sought as limited and innocuous.

Source reference: paras. 5, 7, 9, pp. 3–4

The respondents’ consent to consideration of the representations, subject to verification of each applicant’s case, enabled the Tribunal to issue a procedural direction without examining the merits of the regularisation claim.

Source reference: para. 8, p. 4

The Tribunal therefore directed the competent authority to consider the representations dated 14 August 2026, read with the Original Application, verify the individual cases, and communicate its decision by a reasoned and speaking order.

Source reference: para. 9, p. 4

Joint prosecution was permitted because the applicants’ claims raised substantially common questions.

Source reference: para. 4, p. 3
05

Holding

The Tribunal allowed M.A. No. 351/826/2026 and permitted the applicants to pursue the proceedings jointly under Rule 4(5)(a) of the 1987 Rules.

The Original Application was disposed of at the admission stage, with a direction to the competent respondent authority to consider the applicants’ individual representations dated 14 August 2026, treating the Original Application as part of those representations, after verifying each individual case, and to communicate a reasoned and speaking decision within eight weeks from receipt of a certified copy of the order.

Source reference: para. 9, p. 4

The Tribunal expressly clarified that it had made no observation on the merits of the applicants’ claims for regularisation.

Source reference: para. 9, p. 4

There was no order as to costs.

Source reference: para. 10, p. 4
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

DenishvsTRANSPORT

CAT - ['Kolkata'] · September 15, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment