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OA No.375/2018 was filed seeking compassionate ground appointment. This matter was heard and orders were passed on 11.10.2018. The OA was dismissed being devoid of merit.
The applicant is about 33 years of age and his father was working as a bailiff and while still in service, he unfortunately died on 15.11.2010. At the time of death, the father was still having about 6½ years of service left before superannuation.
The compassionate ground appointment request of the applicant, was rejected as the applicant was already married and as such it was taken that he was not dependent on his deceased father. This rejection was challenged in OA No.4048/2015, wherein judgment was pronounced on 04.10.2016 with a direction to the respondents to consider the case as per rules in the next Screening Committee.
In compliance thereof, respondents had passed another order dated 21.11.2017 and the applicant's case was rejected once again. It was advised that the applicant scored only 32.8 points whereas the last candidate recommended by the Committee has scored 40.18 points. Accordingly, on account of limited number of posts and merit position of the applicant being lower, his case could not be considered. Feeling aggrieved, another OA No.375/2018 was filed.
The applicant had pleaded that DOP&T vide OM dated 26.07.2012 had removed the upper limit on the number of chances for consideration of the candidate for compassionate ground appointment and accordingly, it was pleaded that the order dated 21.11.2017 be quashed and applicant be considered for all subsequent cycles. This was considered and the OA No.375/2018 was dismissed being devoid of merit vide orders dated 11.10.2018. The applicant has sought review of these orders.
In the review application, the applicant has once again pleaded that his case is required to be considered for all subsequent cycles.
Matter has been reviewed.
Compassionate ground appointment is not a vested right. It is only a scheme for benevolent consideration to take care of immediate needs of the bereaved family and to avoid conditions of penury in the immediate aftermath when the bread earner unfortunately dies. In the instant case, the father of the applicant died in the year 2010. The applicant's case was considered by the respondents and rejected. It was also noted that the applicant was already married and as such, was not dependent upon his father. Subsequently, due to intervention of the Tribunal, the case was considered once again and was again rejected on account of being lower in merit.
While the number of limits on the chances for consideration may have been removed yet provision has been kept that the cases, older than five years, need a very close scrutiny. The reason is that the compassionate conditions may not hold true for older cases. It was in keeping with this that the decision was delivered on 11.10.2018 in OA No.375/2018.
The applicant had more or less made similar arguments in the review application also. All these points have already been considered by the Tribunal.
Accordingly, the Tribunal finds no merit in the RA. The same is dismissed being devoid of merit. No costs.
