Rajesh Kumar vs Union Of India & Ors.

Shri Ashish Srivastava, learned counsel for the applicant and Shri Arvind Singh, learned counsel for the respondents were present at the time of hearing.

The instant original application has been filed by the applicant seeking following relief:

The brief facts of the case as narrated in the OA are that the applicant is aggrieved by the impugned Appendix – C dated 27.02.2019 passed by the respondent no 3 referring to which the applicant has alleged that his case for compassionate appointment in the department has been assessed and determined in a mechanical manner without assessing the actual condition. Thus, the applicant has sought quashing of the aforesaid order with a direction to the respondents to reconsider the claim of the applicant on the basis of material available on record and award points accordingly. Counter has been filed by the respondents wherein it is stated that the applicant’s case was considered and due to non-receipt of adequate documents, the case has not been decided. The applicant has been Central Administrative Tribunal^{repeatedly conveyed regarding supply of all the requisite documents} and only upon the supply of such documents, the case can be considered but the same have not been supplied by the applicant.

I have heard learned counsel for the parties.

Learned counsel for the applicant submitted that the father of the applicant died on 15.02.2000 while working as Chowkidar under respondent no 4. In the year 2006, the case of the applicant was initiated for consideration of compassionate appointment but no conclusion was arrived at. Applicant was later directed to submit relevant certificates which was duly submitted by him along with no objection certificate from other family members. Then, a proceeding of board of officers assembled at AGE (MES) Varanasi on 27.02.2019 as per convening order dated 18.01.2019 for purposes of determining the suitability of applicant. The points were calculated as per DoPT OM dated 02.11.1993. However, learned counsel argued, the points have been given to the applicant in a mechanical manner and without assessing the actual condition. Learned counsel further argued that the condition of the applicant’s family is very poor and thus referring to entire facts and circumstances of the case, prayer was made to allow the OA. Learned counsel for the applicant also referred to the Second Supplementary Counter Affidavit filed on behalf of the respondents and especially order dated 13.02.2023 annexed with it and argued that in the said order, the respondents themselves have submitted that applicant’s case will be considered by them afresh provided he submits fresh application along with the requisite documents.

Learned counsel for the respondents referring to the counter affidavit, argued that the applicant’s case was considered by the department and accordingly points were awarded to him. However, learned counsel for the respondents accepts the fact that in the order dated 13.02.2023 annexed with the Second Supplementary Counter Affidavit filed by the respondents, respondents have accepted that the case of the applicant will be considered afresh provided he submits fresh application along with the requisite necessary documents.

Central Administrative Tribunal^{7. I have considered the rival contentions and gone through the} records.

The instant original application has been filed by the applicant seeking a direction to the respondents to reconsider the claim of the applicant for compassionate appointment. At the outset, it is pertinent to record that in the letter dated 13.02.2023 issued by the respondents and annexed with the Second Supplementary Counter Affidavit as Annexure No. SSCA-1, at paragraph number 6 of the said affidavit, the respondents have themselves expressed that the applicant’s candidature for compassionate appointment may be considered afresh if an application in this respect is moved on behalf of the applicant along with all the necessary documents. Thus, the instant original application is disposed of at this stage itself. The applicant is hereby directed to prefer a fresh application before the respondents supplying all the requisite documents. Upon receipt of such representation, the respondents shall reconsider the case of the applicant in the next CRC meeting and allot head-wise points to him and subsequently pass a reasoned and speaking order by stipulating all such details. The said order shall be communicated to the applicant forthwith. Needless to reiterate, while assessing the case of the applicant, if so required, the applicant shall be given reasonable and adequate opportunity of hearing and also, if any further document(s) is required by the respondents, the applicant shall be conveyed to submit the same.

All associated MAs stand disposed of accordingly. No costs.