Devanand vs Union Of India & Others

Pradeep Kumar, Member (A)

1.0 The applicant is the son of a late employee who unfortunately died on 24.01.2013 while in service, after completing 37 years and 6 months of

service. The applicant’s mother sought compassionate ground appointment for the applicant. At initial stage, this was declined as there were no

vacancies. Later on, some information was collected from the applicant for such appointment. It appears that he gave choice for the post of

Stenographer and he appeared in the examination for this post held on 20.03.2016. Unfortunately, the applicant could not qualify in the said

examination.

2.0 With a view to have further opportunities to write the exam for Stenographer, the applicant preferred OA-2464/2017, which was allowed on

19.07.2017 and he was allowed to write the examination of Stenographer to be held in the year 2017. The applicant however, could not write the exam

which was held immediately thereafter and he preferred MA-3344/2017 praying to allow him to appear in the examination to be held later. This MA

was also allowed on 12.09.2017 though without conferring any right upon the applicant.

However, he was not allowed to appear in the examination held in September, 2017 and accordingly, he preferred CP No. 670/2017 alleging non-

compliance. This CP was closed on the assurance by the respondents that he will be allowed to write the exam which was going to be held in March,

2018. The examination was held on 24.03.2018 wherein the applicant appeared but could not complete on account of technical glitches.

He preferred MA 1800/2018 seeking permission to appear in the next examination, which was to be held on 28.03.2018. The applicant appeared,

however, it could also not be completed due to technical glitches.

Thereafter, he appeared in the exam held on 28.5.2018. The learned counsel for the applicant submitted before the Tribunal that the applicant could

not qualify in the written examination held on 28.5.2018 and accordingly, the OA was sought to be withdrawn. The said OA was dismissed on

12.02.2019.

3.0 Subsequently, the applicant approached the Tribunal by filing MA No. 292/2019 pleading to restore the OA and it was pleaded that the

applicant’s counsel has withdrawn the OA, without any instruction from the applicant. It was also pleaded on behalf of the applicant that the test

could not actually be completed due to technical glitches and as such there is no question of his having been declared failed for the said post.

However, during the prosecution of this MA, documentary evidence was produced by the respondents to indicate that the result was declared on

28.8.2018 and the applicant had actually failed again. Accordingly, despite protestations by applicant, the MA No. 292/2019 was dismissed on

12.02.2020.

4.0 Feeling aggrieved, the applicant preferred Writ Petition (Civil) No. 2919/2020, challenging the orderin MA No. 292/2019. This was dismissed by

the Hon’ble High Court of Delhi, taking into account the plea made by the applicant that afresh cause of action has arisen since the vacancies for

stenographer were notified afresh on 19.12.2019. Accordingly, the Writ was dismissed as withdrawn vide orders dated 19.03.2020, with liberty to file

fresh a OA.

5.0 It appears that he applied for granting him an opportunity to appear in the examination for stenographer as a candidate under compassionate

ground appointment category. The applicant pleads that vide order dated 19.02.2020, passed by the respondents, he has been denied this opportunity.

Feeling aggrieved at this denial, this instant OA has been filed. No interim relief has been sought.

6.0 The learned counsel for the applicant also pleaded that the applicant is willing to make a detailed representation to the respondents to consider him

for any other post including that of group D.

7.0 Matter has been heard at admission stage. Shri U. Srivastava appeared for Sh. M. K. Gaur, learned counsel for the applicant. Shri Rajpal Singh

appeared for the respondents on advance information.

8.0 The compassionate ground appointment is not avested right. It is a benevolent scheme promulgated by the government wherein needy family is

extended necessary help in the immediate aftermath of unfortunate demise of the bread-winner in the family. In the instant case the unfortunate death

of applicant’s father occurred in January, 2013 i.e. around 7 years back. The family has been able to sustain themselves during this time.

With a view to consider Compassionate ground appointment for the post of Stenographer, the applicant has since been given many opportunities to

qualify in the exam. He appeared twice in the examination but could not qualify. This opportunity and consideration has, therefore, been adequately

extended to the applicant. The applicant has again preferred the instant OA seeking to write the same examination for stenographer. This prayer is

without merit and liable to be dismissed.

9.0 However, in view of the pleading by applicant in para 6 above, the present OA is disposed of at admission stage itself, without going into the merits

of the case, with a direction to the respondents that in case the applicant makes a written representation seeking compassionate ground appointment

on any other post including Group D, within a period of four weeks of this order, the respondents shall consider the same and pass a reasoned and

speaking order, keeping in view the extent policy directives into account, within a period of three months from the date of receipt of such a

representation, under advice to the applicant. No costs.