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Judgment
O R D E R
In accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single member. Accordingly, this matter is taken up for disposal by this Single Bench.
The applicant has filed this Original Application, seeking the following relief(s):
“i)Office Order No. 20305/CG/PKT/Est dated 13th Jan., 2023 issued by Lt Col GM (Adm) For Comdt & MD cannot be sustained in the eye of law and as such the same may be quashed.
ii) An Order do issue directing the respondents to grant an appointment in favour of applicant no. 1 on compassionate ground at an early date taking into consideration the fact that his father was suffering from Cancer and died while he was in service.”
Facts of the case
The applicant No. 1 is the son of Late Pradip Kumar Thapa, Ex-Fitter of 507 Army Base Workshop. Applicant No. 2, Smt. Radha Thapa is the widow of Late Pradip Kumar Thapa. Late Pradip Kumar Thapa had expired on 18.01.2020 while he was in service.
Shri Palas Thapa had submitted an application dated 23rd November, 2023 in the prescribed Pro-Forma for appointment on compassionate ground along with all the connecting documents. The application was submitted to the Head Quarter Base Workshop, Gp EME. The said application was forwarded to the Competent Respondent Authority for further action.
Applicant No. 2, Smt. Radha Thapa had submitted a representation dated 10.01.2023 (Annexure A-3) to the competent respondent authority wherein she had informed the said authority about the death of her husband and had prayed for appointment on compassionate ground being granted in favour of her son, namely Palas Thapa (herein Applicant No. 1).
The applicant No. 2 was informed, vide Office Order dated 13.01.2023 (Annexure A-4) that the Higher Headquarter which is the competent authority has directed to keep all appointments/recruitments pending till such time that “the sufficient clarity emerges on the final contours of the GOCO implementation”. She was also informed while the said letter that compassionate appointment can be made by the Appointing Authority upto a maximum 5% of vacancies earmarked for Direct Recruitment.
Since the matter has been kept pending for considerable period of time, the applicants have filed instant Original Application praying for the above mentioned relief(s).
At Hearing
Heard Ld. Counsel for both the parties and considered the material on record.
Ld. Counsel for the applicant submitted that the family of the deceased employee is facing acute financial distress and it would not be proper if application of Smt. Radha Thapa seeking compassionate appointment for her son Shri Palas Thapa is kept pending for decision for such a long period of time.
At hearing, Ld. Counsel for the applicant reiterated the averments made by the applicant in the Original Application. He further submitted that the impugned letter dated 13.01.2023 (Annexure A-4) is not in conformity with the policy of the Central Government regarding grant of compassionate appointment which is meant to provide immediate succor to the family of a deceased Government employee.
At hearing, Ld. Counsel for the respondents also reiterated the averments made in the reply filed by the respondents in the Original Application. He further submitted that at present all appointments on compassionate ground have been kept on hold till further clarification is received on the matter after the implementation of the Govt. Owned Contractor Operated (GOCO) model in the organisation.
Discussion and Findings
The Department of Personal & Training (DoPT), Government of India, have issued guidelines for appointment on compassionate ground, vide O.M. 14014/6/94-Estt(D) dated 9th October, 1988. Extract from the same O.M. is reproduced below:
“1. OBJECT
The object of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the Government servant concerned from financial destitution and to help it get over the emergency.
xxx xxx xxx
7. DETERMINATION/AVALABILITY OF VACANCIES
(a)Appointment on compassionate grounds should be made only on regular basis and that too only if regular vacancies meant for that purpose are available.
(b)Compassionate appointments can be made upto a maximum of 5% of vacancies falling under direct recruitment quota in any Group 'C' or 'D' post. The appointing authority may hold back upto 5% of vacancies in the aforesaid categories to be filled by direct recruitment through Staff Selection Commission or otherwise so as to fill such vacancies by appointment on compassionate grounds. A person selected for appointment on compassionate grounds should be adjusted in the recruitment roster against the appropriate category viz SC/ST/OBC/General depending upon the category to which he belongs. For example, if he belongs to SC category he will be adjusted against the SC reservation point, if he is ST/OBC he will be adjusted against ST/OBC point and if he belongs to General category he will be adjusted against the vacancy point meant for General category.
(c)While the ceiling of 5% for making compassionate appointment against regular vacancies should not be circumvented by making appointment of dependent family member of Government servant on casual/daily wage/ad-hoc/contract basis against regular vacancies, there is no bar to considering him for such appointment if he is eligible as per the normal rules/orders governing such appointments.
d)The ceiling of 5% of direct recruitment vacancies for making compassionate appointment should not be exceeded by utilising any other vacancy e.g. sports quota vacancy.
(e)Employment under the scheme is not confined to the Central Administrative TribunalMinistry/Department/Office in which deceased/medically retired Government servant had been working. Such an appointment can be given anywhere under the Government of India depending upon availability of a suitable vacancy meant for the purpose of compassionate appointment.
(f)If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to the administrative Ministry/Department/Office to take up the matter with other Ministries/Departments/Offices of the Government of India to provide at an early date appointment on compassionate grounds to those in the waiting list.”
As per the above guidelines appointment on compassionate ground can be made upto a ceiling of 5% of direct recruitment vacancies in Group ‘C’ post.
In view of the above, I do not find any justification for the competent respondent authority in the instant case to keep on hold all applications for compassionate appointment. Hence, the impugned order dated 13th January, 2023 is quashed and set aside.
The competent respondent authority is directed to take a decision on the representation dated 10.01.2023 preferred by Smt. Radha Thapa (Applicant No. 2) wherein she had prayed appointment on compassionate ground for her son Shri Palas Thapa (Applicant No. 1) and convey the decision taken in this regard to the applicant by way of a reasoned and speaking order within a period of 04 (Four) months from the date of receipt of a certified copy of this order.
With these above directions, the instant Original Application is disposed of without any order as to cost.