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Judgment
Heard, Shri Deepak Maurya, counsel for the applicant and Shri Chakrapani Vatsyayan, counsel for the respondents.
The instant original application has been filed seeking following reliefs: -
“A. To issue an order or direction in the nature of Mandamus commanding the Respondents to consider and finalize the case of the Applicant for compassionate appointment against a suitable post without any further delay, taking into account his educational qualifications and verified indigent status
B. To issue an order or direction directing the Respondent authorities to place the Applicant’s dossier before the competent screening/selection board and issue consequential appointment letters within a fixed time frame.
C. To award the cost of the present Original Application in favour of the Applicant.
D. To pass any other order, rule, or direction which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case”.
The submission of learned counsel appearing for the applicant is that the representation dated 26.06.2023 submitted by the applicant seeking compassionate appointment is pending before the competent authority, as is evident from Annexure A-2, which has not been decided till date. Referring to the relief clause, learned counsel submits that the O.A. may be disposed of at this stage itself by directing the competent authority amongst the respondents to consider and decide the representation (Annexure A-2) dated 26.06.2023 in a time-bound manner.
Learned counsel appearing for the respondents submits that no appointments on compassionate grounds are presently being made in the department, as a ban has been imposed on such appointments. It is, therefore, argued that, in the facts and circumstances of the case, no specific direction for consideration of the representation can be issued. Accordingly, it is submitted that the Original Application may be dismissed at this stage itself.
I have considered the rival submissions and gone through the entire record.
Having heard the learned counsel appearing for the parties and keeping in view the submissions advanced across the Bar, it is noted that the respondents’ department has imposed a ban on appointments on compassionate grounds. In view of the said ban, no specific direction can be issued to the respondents to decide the matter within a time-bound period. Accordingly, the Original Application is disposed of at this stage itself, without going into the merits of the case, with a direction to the competent authority amongst the respondents to consider the claim of the applicant for compassionate appointment as and when the said ban is lifted.
Accordingly, Original Application is disposed of.
No order as to costs.