Raghvendra Bharti vs Union Of India & Ors.

Shri M K Upadhyay, learned counsel for the applicant and Shri Arvind Singh, learned counsel for the respondents, are present.

The instant Original Application has been filed seeking following relief:

The compendium of the facts narrated in the instant original application is that the applicant has challenged the order dated 26.09.2016 & 11.06.2018 passed by the respondent no 4 whereby his claim for appointment on compassionate grounds has been rejected. Thus, by way of the present OA, he is seeking appointment on compassionate grounds in place of father who died in harness on 25.03.2015 leaving behind his family.

I have heard learned counsel appearing for the parties and gone through the documents on record.

Disclosing a brief history of the case, learned counsel for the applicant submits that father of the applicant namely Late Lal Mani was a permanent employee in the respondents’ department and he passed away on 25.03.2015 leaving behind his family. Then, the mother of the applicant Smt Sohbati Devi applied for appointment of her son (the applicant) on 09.04.2016 through a representation. Learned counsel for the applicant argued that the respondents decided the representation of the applicant by way of an arbitrary and illegal order dated 26.09.2016. Subsequently, another order dated 11.06.2018 was passed by the respondent no 4 whereby the case of the applicant was kept rejected. Learned counsel for the applicant further argued that while considering the case of the applicant, the respondents did not take into consideration the penurious condition of the applicant’s family as the livelihood of the family was dependent on the income of the employee concerned. Thus, referring to entire facts and circumstances of the case, prayer was made to direct the respondents to reconsider the claim of the applicant and provide him compassionate appointment in place of his father.

Learned counsel for the respondents opposed the prayer made by learned counsel for the applicant and by way of the counter, he submits that the case of the applicant was considered by the High Power Committee constituted for the said purpose and his case was rejected because he could only secure 20 points while the minimum points required for consideration was 55. Learned counsel also argues that the scheme of compassionate appointment has been kept in abeyance by the respondents’ department vide order dated 09.04.2019 which was extended further vide order dated 07.03.2022 and as such no cases of compassionate appointment are being taken into consideration. Thus, the case of the applicant cannot be allowed and as such the OA be dismissed.

I have considered the rival contentions advanced by the learned counsel appearing for the parties and also gone through the documents on record.

As the brief of the facts of the case have already been stated above, the same is not reiterated for the sake of brevity. In the instant case, the department concerned is Bharat Sanchar Nigam Limited (BSNL) and it would be in the fitness of things to straightway refer to the Circular dated 09.04.2019 issued vide No. 273-18/2013/CGA/Estt-IV issued by the department. Aforesaid Circular stipulates that the scheme of compassionate appointment was kept in abeyance by the department for three years. Subsequently, vide order dated 07.03.2022, the effect and operation of the circular / order dated 09.04.2019 was extended. Thus, it is obvious that cases of compassionate appointment including that of the applicant herein cannot be taken into consideration by the department at this juncture.

Thus, in view of the above deliberations, I am of the considered opinion that since the department concerned is not considering the cases of compassionate appointment in view of their Circular dated 09.04.2019 and 07.03.2022 by way of which the scheme of compassionate appointment has been kept in abeyance, no relief whatsoever can be granted to the applicant at this stage. Accordingly, the instant OA is disposed of. However, the competent authority amongst the respondents No. 2 to 4 is hereby directed to consider the case of the applicant as and when the scheme of compassionate appointment is revived in the department. It is made clear that the case of the applicant shall be considered in light of the relevant departmental rules operating in the subject matter.

All associated MAs stand disposed of accordingly. No cost.