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

The competent authority must decide the pending regularisation representation by a reasoned order within four months.

DEBAPRIYA DAS vs POSTS

CAT - ['Kolkata']JUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
The competent authority must decide the pending regularisation representation by a reasoned order within four months.. DEBAPRIYA DAS vs POSTS. CAT - ['Kolkata']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The six applicants approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking regularisation in the posts in which they had initially been engaged, relying on Bholanath v. State of Jharkhand.

Source reference: para. 1

They had submitted a representation dated 8 December 2025, which remained pending.

Source reference: para. 4

At the hearing, their counsel requested that Respondent No. 3 be directed to consider that representation, treating the Original Application as part of it.

Source reference: para. 4

Although an affidavit of service was filed, none appeared for the respondents.

Source reference: paras. 2, 5

The Tribunal also considered the applicants’ application to prosecute the matter jointly.

Source reference: para. 3
02

Issues

Whether the applicants’ request for regularisation should be directed to the competent authority for consideration of their pending representation, read with the Original Application.

Source reference: paras. 4, 6

Whether the applicants should be permitted to prosecute the Original Application jointly under Rule 4(5)(a) of the CAT Procedure Rules, 1987.

Source reference: para. 3
03

Law Applied

Section 19 of the Administrative Tribunals Act, 1985, provides the basis for an application to the Tribunal concerning a service matter.

Source reference: para. 1

Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987, was invoked for joint prosecution and the Tribunal allowed the applicants’ request.

Source reference: para. 3

The applicants relied on Bholanath v. State of Jharkhand & Ors. in seeking regularisation, but the Tribunal did not determine the precedent’s applicability or lay down a substantive rule on regularisation; it directed the competent authority to consider the applicants’ case and pass a reasoned and speaking order.

Source reference: paras. 4, 6
04

Reasoning

The applicants narrowed their request at the hearing to consideration of their pending representation, rather than seeking an immediate determination of their entitlement to regularisation.

Source reference: paras. 4, 6

The Tribunal considered that limited request appropriate and directed Respondent No. 3 or any competent authority to examine the applicants’ case, treating the Original Application as part of the representation.

Source reference: paras. 4, 6

The direction required verification of the applicants’ case and a reasoned and speaking order, leaving the merits—including the relevance of Bholanath—for the authority to consider.

Source reference: para. 6
05

Holding

The Tribunal allowed the application for joint prosecution under Rule 4(5)(a).

It disposed of the Original Application by directing Respondent No. 3 or any competent authority to consider the applicants’ case, treating the Original Application as part of their representation, and to issue a reasoned and speaking order with any consequential follow-up action within four months of receiving the order.

Source reference: para. 6

No costs were ordered.

Source reference: para. 7
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']

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DEBAPRIYA DASvsPOSTS

CAT - ['Kolkata'] · October 06, 2026

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