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Judgment
Order
Heard Shri Ashok Kumar Dubey, learned counsel for the applicant and Shri D.S. Shukla, learned counsel for the respondents.
This OA has been filed by the applicant for the following relief(s):-
8“(i) To direct the respondents to consider the appointment of the applicant according to his qualification in the concerned department namely, Bharat Sanchar Nigam Ltd. (BSNL) under dying in harness Rules on the place of his demise father, who has died on 22.04.2021, during his service period in the concerned Department.
The brief facts of the case as stated in Original Application is that the father of the applicant namely, Shri Krishan was joined and working as Mechanic (Telecom) under the Bharat Sanchar Nigam Limited (hereinafter referred as ‘BSNL’) and died in harness on 22.04.2021. Thereafter, the applicant made several communications before the respondents for compassionate appointment, but no heed was paid. Hence, this Original Application has been preferred.
On the other hand, counter affidavit has been filed from the side of the respondents on 02.12.2024, wherein it is stated that the Scheme of Compassionate ground appointment has been kept in abeyance vide Office Letter No.273-18/2013/CGA/Estt-IV dated 09.04.2019 and letter No. BSNL CO-A/15(27)/1/2022-ESTAB dated 07.03.2022 and as such, the respondents are unable to consider the case of the applicant.
Rejoinder to the counter affidavit has been filed by the applicant on 3007.04.2026, reiterating the same facts as has been stated in Original Application.
Learned counsel for the applicant submits that the plea of the respondents for not considering the cases for compassionate appointment on the ground that the compassionate appointment is kept in abeyance, is not tenable in the eyes of law as the respondents are bound to follow the Circular of Department of Personnel and Training, by which directions were issued to various departments for appointment on compassionate ground. The Government of India has not passed any order or circular, which prohibits the appointment of compassionate appointment, but the respondents without following the same, issued Office Order for not considering the cases of compassionate appointment, which is not tenable in the eyes of law.
On the other hand, learned counsel for the respondents submits that the Scheme of Compassionate ground appointment has been kept in abeyance vide Office Letter No.273-18/2013/CGA/Estt-IV dated 09.04.2019 and letter No. BSNL CO-A/15(27)/1/2022-ESTAB dated 07.03.2022 and as such, the respondents are unable to consider the case of the applicant.
I have considered the rival contention advanced by the learned counsel appearing for both the parties and perused the documents on record.
As the brief of the facts of the case have already been stated above, the same is not reiterated for the sake of brevity. In the instant case, the department concerned is BSNL and it would be in the fitness of things to straightway refer to the orders by Corporate Office Letter No.273-18/2013/CGA/Estt-IV dated 09.04.2019 and Letter No. BSNL CO-A/15(27)/1/2022-ESTAB dated 07.03.2022 issued by the department. Aforesaid order stipulates that the Scheme of compassionate appointment is kept in abeyance.
Thus, in view of above facts and circumstances, I am of the considered opinion that since the department concerned is not considering the cases of compassionate appointment in view of their orders dated 09.04.2019 and 07.03.2022 by which, the Scheme of compassionate appointment has been kept in abeyance, no relief whatsoever can be granted to the applicant at this stage. Similar issue fell for consideration before this Court in O.A. No.552/2020 and this Tribunal vide order dated 04.03.2022 disposed of the said Original Application with the following observation and directions:-
In view of the limited submissions made by the respondent’s counsel, it is hereby directed that as and when the ban is lifted and not extended by the respondents, the applicant’s case may be considered by the respondents for compassionate appointment in order of seniority/merit by the competent authority.
The aforesaid order of this Tribunal was affirmed by the Division Bench of Allahabad High Court in Writ A No.9048/2022 vide its order dated 07.08.2023.
As a cumulative effect of the aforesaid rules, guidelines and judicial pronouncement, instant Original Application is disposed of with a direction upon the competent authority amongst the respondents to consider the case of the applicant for compassionate appointment, as and when, the Scheme of compassionate appointment is revived in the department, in accordance with law.
All associated MAs stand disposed of accordingly.
Pending Misc. Application, if any, also stands disposed of.
No order as to cost.