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

Respondents directed to consider compassionate-appointment representation and issue a reasoned, speaking order within six weeks.

ANMOL KUMAR vs GNCTD

CAT - ['Delhi']JUDGMENT: September 17, 20262 MIN READSOURCE JUDGMENT
Respondents directed to consider compassionate-appointment representation and issue a reasoned, speaking order within six weeks.. ANMOL KUMAR vs GNCTD. CAT - ['Delhi']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, Anmol Kumar, sought appointment on compassionate grounds in place of his deceased father, Late Shri Radhey Shyam, who had served as a Group ‘C’ Labourer under the respondents from 1 May 1992 and died in harness on 23 August 2016.

Source reference: p.2

The applicant relied upon his pending representation dated 20 September 2026 and sought consideration of his claim, along with consequential benefits.

Source reference: p.2

During the hearing, counsel for the applicant requested liberty to file a fresh and comprehensive representation supported by relevant documents, earlier representation, and case law.

Source reference: p.2–3

The respondents accepted notice but sought time to obtain instructions, stating that they had not received a copy of the Original Application.

Source reference: p.3
02

Issues

Whether the applicant should be permitted to submit a fresh, comprehensive representation concerning his claim for compassionate appointment, along with supporting documents and the earlier representation?

Source reference: p.3

Whether the respondents should be directed to consider and decide the representation by a reasoned and speaking order within a specified period?

Source reference: p.3

Whether the Tribunal should adjudicate the merits of the applicant’s claim for compassionate appointment and grant consequential benefits at the admission stage?

Source reference: p.2–3
03

Law Applied

The application was filed under Section 19 of the Administrative Tribunals Act, 1985, which confers jurisdiction on the Central Administrative Tribunal over service-related grievances.

Source reference: p.2

The Tribunal applied the procedural principle that a competent authority must consider a properly submitted representation in accordance with law and communicate its decision through a reasoned and speaking order.

Source reference: p.3

Since the matter was disposed of without examining the merits, no specific statutory rule governing compassionate appointment or precedent concerning such appointment was applied or adjudicated upon.

Source reference: p.3–4
04

Reasoning

The Tribunal noted that the applicant’s immediate request was for consideration and disposal of his representation rather than an immediate determination of entitlement to compassionate appointment.

Source reference: p.2

As the respondents had not yet obtained instructions and claimed not to have received the Original Application, the Tribunal considered it appropriate not to enter into the substantive merits.

Source reference: p.3

It instead permitted the applicant to submit a fresh and comprehensive representation containing all relevant material, including the earlier representation and supporting case law.

Source reference: p.3

The respondents were then directed to examine the claim in accordance with law and issue a reasoned and speaking order, thereby preserving the applicant’s claim while leaving the merits open.

Source reference: p.3
05

Holding

The Tribunal granted the applicant liberty to submit a fresh, detailed, and comprehensive representation, together with supporting documents, relevant case law, and the earlier representation dated 20 September 2026, within two weeks from receipt of the certified copy of the order.

The respondents were directed to consider and dispose of the representation by a reasoned and speaking order within six weeks of its receipt.

Source reference: p.3

The Tribunal expressly clarified that it had not expressed any opinion on the merits of the applicant’s claim for compassionate appointment.

Source reference: p.3

The Original Application and pending miscellaneous applications were disposed of at the admission stage, with no order as to costs.

Source reference: 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 - ['Delhi']

Original Court PDF

ANMOL KUMARvsGNCTD

CAT - ['Delhi'] · September 17, 2026

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