Facts
The applicant, a Clerk in the Engineering Department of the Chandigarh Administration, applied on 2 July 2025 for out-of-turn government accommodation on medical grounds, citing his father’s severe road accident and subsequent neurosurgeries.
Source reference: para. 1His case remained undecided despite an unallotted medical-category vacancy in the House Allotment Committee (Lower) meeting dated 25 September 2025.
Source reference: para. 1Through RTI applications, a first appeal, and CPGRAMS grievances, the applicant sought information regarding the vacancy and learned that no committee meetings had been held between 25 September 2025 and 31 March 2026.
Source reference: para. 2He subsequently alleged that the vacancy had been allotted to another person without convening a committee meeting.
Source reference: para. 2The applicant submitted a representation dated 11 July 2026 to the Secretary, House Allotment Committee, seeking reconsideration and examination of the allotment procedure, but the representation remained undecided.
Source reference: para. 3He therefore filed the present OA seeking a direction for its disposal.
Source reference: para. 3Issues
Whether the respondents could be directed to consider and decide the applicant’s representation dated 11 July 2026 concerning his claim for out-of-turn government accommodation and the alleged allotment of the medical-category vacancy.
Source reference: paras. 2–3, 6–9Whether the representation was required to be disposed of by a reasoned and speaking order within a prescribed time frame.
Source reference: paras. 8–9Law Applied
The Tribunal applied the principles of natural justice and fair administrative decision-making, under which a competent authority must consider a pending representation and communicate its decision through a reasoned and speaking order.
Source reference: paras. 8–12The Tribunal also followed the settled procedural principle that, where the applicant seeks only consideration of a representation and the respondents have no objection, the matter may be disposed of by issuing a time-bound direction without adjudicating the underlying merits.
Source reference: paras. 8–12No specific statutory provision or judicial precedent was cited or relied upon in the order.
Source reference: paras. 8–12Reasoning
The applicant’s grievance before the Tribunal was confined to the respondents’ failure to decide his representation dated 11 July 2026, rather than a request for direct allotment of accommodation.
Source reference: para. 6The respondents did not oppose a direction requiring consideration of the representation.
Source reference: para. 7In order to meet the requirements of natural justice, the Tribunal directed Respondent No. 2, identified as the competent authority, to examine the representation and address the contentions raised therein by passing a reasoned and speaking order.
Source reference: paras. 8–12The Tribunal expressly refrained from examining the legality or merits of the alleged allotment or the applicant’s entitlement to accommodation.
Source reference: paras. 8–12Holding
The OA was disposed of at the admission stage.
Respondent No. 2 was directed to decide the applicant’s representation dated 11 July 2026, including all contentions raised therein, by a reasoned and speaking order within four weeks from receipt of the certified copy of the Tribunal’s order.
Source reference: paras. 9–10The applicant was directed to furnish a copy of the order along with the OA to the competent authority.
Source reference: para. 11The Tribunal clarified that it had not expressed any opinion on the merits of the case, and made no order as to costs.
Source reference: paras. 11–13Original Court PDF
Mohit KumarvsCHANDIGARH ADMINISTRATION
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