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Judgment
Hon'ble Mr. P. Madhavan, Judicial Member –
This OA is filed by the applicant seeking the following reliefs:
“i)To call for records pertaining to Annexure A6 order and quash Annexure A6 order dismissing the representation of the applicant in the interest of justice.
ii) To direct the respondent No. 2 to re-consider Annexure A4 representation dated 23.11.2018 after holding a personal hearing to the applicant so that he can submit the relevant documents to show that his brother is living separately and not supporting the family and to publish a revised score sheet.
iii) To issue any other appropriate order or directions which this Honorable Tribunal may deem fit and proper in the facts and circumstances of the case.
iv) Award costs incidental to this application.”
The brief facts of the case are as follows:
The Lakshadweep Administration had prepared a provisional score sheet of candidates for appointment on compassionate ground. The name of the applicant appeared at serial No. 131 in the provisional score sheet. The applicant was having objections on the provisional score sheet and had submitted a representation on 25.9.2018 to the 2 respondent. According to the applicant the respondents had taken the monthly salary of the brother of the applicant and the value of the properties of the brother of the applicant to show that the applicant is not eligible for appointment. The representation of the applicant was rejected on the ground that the brother of the applicant was also shown as dependent in the application. So the applicant has again submitted a representation to the 2 respondent to review the score on the basis of clause 11(b) of the consolidated instructions on compassionate appointment wherein it is stated that in case any member of the family of the deceased or medically retired Government servant is already employed and is not supporting the other members of the family then the employer can consider any other member of the family of the deceased The brother of the applicant is employed in the Government service from 1999 onwards and he got married prior to the death of his father and he is living separately. The brother of the applicant is not providing any help to the family of the applicant. Hence, he seeks to consider his name for compassionate appointment.
The respondents appeared and filed a detailed reply statement. According to them the administration of the UT of Lakshadweep has formulated the procedure, policy and criteria for consideration of the applications for appointment on compassionate grounds and to make the selection process more objective and transparent based on various attributes and parameters set out in the scheme for Compassionate Appointment, 1998, and the consolidated instructions and guidelines on the basis of DoP&T orders on the subject. The respondents has produced the guidelines and corrigendum issued in this regard as Annexures R2(a), R2(b) and R2(c). The applicant in this case had never raised concern over the procedure, policy and criteria for considering applications for appointment on compassionate grounds. They admitted that they have prepared a provisional score sheet for compassionate appointment on 8.9.2018 in accordance with the policy of the Government. The Department scrutinizes several applications and verify the same and award points to each candidate as per guidelines contained in the scheme. After verifying the details furnished for consideration the proposal will be sent to the Services Department with the approval of the concerned Secretary of the Department for placing the proposal before the selection committee. As per score awarded to the candidates by the respondents, the candidates will be ranked in the provisional score list. The applicant’s name came as serial No. 131 in the score list. The applicant raised objections to Annexure A1 score list stating that the salary and property value of the brother cannot be considered in his case. But it was rejected by the Department stating that the name of the applicant’s brother was shown as dependent in the family. So the economic condition of the applicant’s brother was also reckoned while preparing the score sheet. The applicant had given a second representation on 23.11.2018 claiming his eligibility for compassionate appointment on the basis of clause 11(b) of the consolidated instructions dated 16.1.2013 which is produced as Annexure R2(f). The said consolidated instructions at clause 11(b) shows that “in case where any member of the family of the deceased or medically retired Government servant is already in employment and is not supporting the other members of the family of the Government servant, extreme caution has to be observed in ascertaining the economic distress of the members of the family of the Government servant so that the facility of appointment on compassionate grounds is not circumvented and misused by putting forward the ground that the member of the family already employed is not supporting the family. The criteria for score sheet were uniformly applied to all the candidates who had applied for compassionate appointment. The brother of the applicant was working as Assistant Commandant in IRBn and was earning an amount above 151% of minimum wages of unskilled a notified by the Lakshadweep Administration from time to time per month as his salary and he is also having immoveable property. The respondents have only 5% of vacancies which can be filled up by compassionate appointment and they had selected 62 candidates for the final select list. According to them even if the brother’s income was not taken, the applicant will not come up in the score list. It was also contended that compassionate appointment cannot be claimed as a matter of right. The appointment on compassionate ground is not a source of recruitment but merely an exception to the above requirement taking into consideration the fact of the death of the employee while in service.
We have heard the learned counsel appearing for the applicant as well as the learned counsel appearing for the respondents. The main contention put forward by the counsel for the applicant in this case is that the applicant’s brother was employed even prior to the death of the father and he was also married and was living separately even prior to the death of the applicant’s father. He was not looking after the affairs of the family and he never helped the family to tide the difficulties. According to them as per the guidelines issued by the Department if any one of the members of the family is employed another member can be considered for the employment provided that he is looking after the affairs of the family.
The counsel for the respondents mainly contend that they had applied the guidelines universally to all the candidates and the income of the brother of the applicant’s family was taken as he was shown as a dependent of the family. They have taken into consideration various other aspects while considering the claim for compassionate appointment i.e. quantum of monthly family pension, quantum of terminal benefits like DCRG, GPF/NPS, etc., monthly income of earning member, value of movable/immovable properties, number of dependents, umber of unmarried/divorced daughter, etc. The applicant could not get the required score and he was not selected.
We have gone through the pleadings and considered the instructions. In the scheme for compassionate appointment prepared by the DoP&T dated 16.1.2013 [Annexure R2(f)], clause (11) clearly states as follows:
“11. Where there is an earning member
(a)In deserving cases even where there is already an earning member in the family, a dependent family member may be considered for compassionate appointment with prior approval of the Secretary of the Department/Ministry concerned who, before approving such appointment, will satisfy himself that grant of compassionate appointment is justified having regard to number of dependents, assets and liabilities left by the Government servant, income of the earning member as also his liabilities including the fact that the earning member is residing with the family of the Government servant and whether he should not be a source of support to other members of the family.
(b)In cases where any member of the family of the deceased or medically retired Government servant is already in employment and is not supporting the other members of the family of the Government servant, extreme caution has to be observed in ascertaining the economic distress of the members of the family of the Government servant so that the facility of appointment on compassionate ground is not circumvented and misused by putting forward the ground that the member of the family already employed is not supporting the family.”
If we go through clause 11 above it can be seen that the Department can give appointment in deserving cases even if one of the member is an earning member. Clause 11(b) clearly states that the Department is expected to carefully scrutinize the claims put forward by the applicant before granting such relief. In this case the main contention of the applicant is on the basis of clauses 11(a) and (b) of the consolidated guidelines. Even though the applicant has given a representation to the respondents, they have not considered the same properly and no relief was granted. On a perusal of the pleadings we find that the applicant has already given a detailed representation to the respondents as Annexure A4 dated 23.11.2018 and the respondents have not considered the same in an appropriate way.
In the circumstances we find merit in the contentions put forward by the applicant in this case. So we hereby direct the respondents to consider Annexure A4 representation submitted by the applicant in the light of clause 11 of the consolidated guidelines Annexure R2(f) and pass appropriate orders within a period of two months and place the matter in the next meeting of the Central Scrutiny Committee for compassionate appointment for further consideration.
The Original Application is disposed of as above. No order as to costs.
APPLICANT’S ANNEXURES
Annexure A1 – True copy of the relevant pages of the provisional score sheet issued by the 2 respondent dated 18.9.2018.
Annexure A2 – True copy of the representation submitted by the applicant to the 2 respondent dated 25.9.2018.
Annexure A3 – True copy of relevant pages of the disposal of representations by the 3 respondent committee.
Annexure A4 – True copy of the second representation submitted by the applicant to the second respondent dated 23.11.2018.
Annexure A5 – True copy of the judgment dated 27.2.2019 in OA No. 181/140/2019 of this Hon’ble Tribunal
Annexure A6 – True copy of the order F. No. 19/151/2018 Estt./15562 dated 28.5.2019 passed by the 2 respondent.
RESPONDENTS' ANNEXURES
Annexure R2(a)– True copy of the office order F. No. A-12012/1/2018-Estt-UT-LKS/1160 dated 23.3.2018.
Annexure R2(b)–True copy of the office order F. No. A-12012/1/2018-Estt-UT-LKS(2) dated 1.6.2018.
Annexure R2(c)–True copy of the corrigendum F. No. A-12012/1/2018-Estt-UT-LKS dated 1.6.2018.
Annexure R2(d)–True copy of the application for compassionate appointment submitted by the applicant.
Annexure R2(e)–True copy of the heirship certificate No. F. No. 13/4/2007-SDO/45 dated 14.11.2008.
Annexure R2(f)–True copy of the F. No. 14014/02/2012-Estt (D) dated 16.1.2013.
Annexure R2(g)–True copy of the notice F. No. A-12012/2/2018-Estt-UT-LKS(Pt.I), dated 14.11.2018.
Annexure R2(h)–True copy of the OM No. F. 25/16/59-Ests(A) dated 1.9.1959.