Pankaj Kumar Kori vs Major General Ashish Gambhir & Ors.

O R D E R

“11.

In view of the above impugned order, it is crystal clear that the applicant is at liberty to apply afresh for compassionate appointment, which shall be considered by the next yearly Board, but there is no document on record, which shows that the applicant again applied for employment on compassionate ground before the respondents, which was not considered by the respondents. Therefore, instant original Application is disposed of with a direction upon the applicant to approach before the respondents, by way of an application in prescribed proforma along with requisite documents, within a period of one month from the date of receipt of a copy of this order. Upon receipt of such application, the competent Authority amongst the respondents is directed to consider the same in terms of their own letter dated 13.03.2023, in accordance with law, within a period of four months from the date of receipt of a copy of this order.”

“5.

That in strict compliance with the directions contained in Para-11, the applicant submitted a fresh application for compassionate appointment, which was duly received by the respondents.

6.

That upon receipt of the fresh application, the same was examined at the unit level and thereafter forwarded through proper channel to the competent authority, namely Headquarters Chief Engineer, Lucknow Zone, for consideration.

7.

That in compliance of the directions issued by this Hon'ble Tribunal, the claim of the applicant for appointment on compassionate grounds was reconsidered by the competent authority in accordance with the extant Government Rules, the Scheme for Compassionate Appointment and the applicable policy governing such appointments. After due consideration, the competent authority passed a detailed and reasoned Speaking Order dated 26.05.2026. A true copy of the Speaking Order dated 26.05.2026 is annexed herewith and marked as Annexure CA-1.

8.

That while considering the applicant's case, the competent authority examined all relevant parameters prescribed under the Scheme for Compassionate Appointment including the family composition, financial condition, family pension, terminal benefits, annual income, movable and immovable assets, remaining service of the deceased employee and all other relevant factors under the Relative Merit Point System prescribed by the Ministry of Defence. The assessment of the applicant's case has been specifically recorded in the Speaking Order.

9.

That after comparative assessment of all eligible candidates for the relevant year, the competent authority found that the applicant secured 35 merit points, whereas the last selected candidate secured 64 merit points. The applicant was placed at Serial No. 154 in the merit list prepared for the yearly Compassionate Appointment Board for the year 2024 and, therefore, could not be recommended for appointment on compassionate grounds. The said facts have been duly recorded in the Speaking Order annexed as Annexure CA-1.”