Facts
The applicants, engaged as Medical Officers, Paediatricians or Pathologists between 2004 and 2013, claimed that they had been selected through public advertisements, served continuously on successive contractual extensions, and performed regular and perennial duties.
Source reference: p. 20–24After submitting a representation dated 10 February 2026 and a reminder dated 19 March 2026 without receiving a decision, they filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: p. 20–24At the admission stage, the Tribunal noted that it was not necessary to decide the merits of their claims because the representations remained undecided.
Source reference: p. 30–31Issues
1. Whether the Tribunal should adjudicate the applicants’ substantive claims for regularisation and related benefits when their representations had not yet been decided by the competent authority.
Source reference: p. 30–312. Whether the competent authority should be directed to consider the applicants’ representations and issue a reasoned decision.
Source reference: p. 30–32Law Applied
Section 19 of the Administrative Tribunals Act, 1985 provided the procedural basis for the Original Application.
Source reference: p. 20The applicants relied on Articles 14, 16 and 21 of the Constitution and on authorities concerning regularisation of long-serving contractual employees, including Secretary, State of Karnataka v. Uma Devi (3), Sheo Narain Nagar v. State of U.P., and other decisions cited in their submissions.
Source reference: p. 25–29The Tribunal did not adopt or apply those substantive principles to determine entitlement; it left their relevance and application to the competent authority, subject to applicable rules, policy and law.
Source reference: p. 30–31Reasoning
The Tribunal treated the absence of a decision on the applicants’ representation and reminder as the immediate matter requiring action.
Source reference: p. 30–32It considered that the applicants’ contentions and cited precedents should first be addressed by the competent authority through an independent, reasoned decision.
Source reference: p. 30–32Accordingly, it declined to determine whether the applicants were entitled to regularisation, equal pay or consequential benefits, and directed the authority to consider the representations and supporting material, including the cited judicial decisions to the extent applicable.
Source reference: p. 30–32Holding
The Tribunal disposed of the Original Application at the admission stage without expressing any opinion on the merits of the applicants’ claims.
It directed the competent authority among the respondents to consider the representation dated 10 February 2026 and reminder dated 19 March 2026, together with supporting material, and pass a reasoned and speaking order in accordance with law within eight weeks of receiving a certified copy of the order.
Source reference: p. 31–32The decision must be communicated to the applicants individually; all substantive claims were left open.
Source reference: p. 31–32Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
CHHAVI JAIN ANDvsHEALTH
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