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Judgment
By way of MA No. 926/2026, the applicant seeks condonation of delay of two months and 15 days in filing the captioned OA filed under Section 19 of the Administrative Tribunals Act, 1985.
The ground pleaded in support of condonation of delay is that the applicant was in a dilemma as to whether he had any requisite remedy under the actual circumstances. The applicant found that since the respondents had yet not regretted his claim, he submitted his representation for redressal of his grievances on 21.07.2025. Once such representation was not considered, the applicant approached this Tribunal by way of the present MA and the accompanying OA filed under Section 19 of the Administrative Tribunals Act, 1985.
In the OA, the applicant has prayed for the following reliefs:
“(i)That this Hon'ble Tribunal after examining the legality and validity may graciously be pleased to direct the Respondents to grant employment assistance on compassionate grounds to the applicant who is the grandson of the ex-employee Late Tulsiram M. Mohbiya by treating the matter as totally exceptional and rarest of rare case.
(ii)That this Hon'ble Tribunal after examining the legality and validity may graciously be pleased to grant proforma fixation and seniority on extending employment assistance. That this Hon'ble Tribunal after examining the legality and validity may graciously be pleased to grant any other relief as may deem fit and proper in the facts and circumstances of the case in the favour of applicant.”
Learned counsel for the applicant, by referring to the assertions made in the pleadings, submits that the applicant's father, late Kamal T. Mohbiya, had applied for appointment on compassionate grounds on account of the death of his father, i.e. the grandfather of the applicant, late Tulsiram M. Mohbiya, on 14.06.2004. However, such request of the late father of the applicant was rejected.
The applicant's late father again made a representation for extending the benefit of compassionate appointment. Pending his further representation, the father of the applicant unfortunately expired on 26.05.2025, and the applicant made a representation dated 21.07.2025 seeking consideration for grant of compassionate appointment to him. The present MA seeking condonation of delay has accordingly been filed. However, the said MA is not supported by any affidavit.
Learned counsel for the applicant does not dispute that compassionate appointment cannot be claimed as a matter of succession and/or inheritance and that such claim does not survive for infinity. However, he submits that the respondents could have considered the applicant's aforesaid representation dated 21.07.2025 and respondent No. 2 could have responded thereto by an appropriate order.
In the facts and circumstances, learned counsel for the applicant submits that the present OA can be disposed of at this very stage with a limited direction to the respondents to consider the applicant's aforesaid representation dated 21.07.2025 and dispose of the same by passing an appropriate order. To such limited request on behalf of the applicant, there is no objection from the respondents.
In the light of the aforesaid, without going into the merits and/or the limitation involved, the present OA is disposed of with a limited direction to the respondents to consider the applicant's aforesaid representation dated 21.07.2025 (Annexure A-8) and dispose of the same by passing a reasoned and speaking order as expeditiously as possible and preferably within a period of eight weeks of receipt of a certified copy of this order.
Registry is directed to assign an appropriate number to the OA as well.
The MA and OA both stand disposed of in the aforesaid terms. No costs.