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Judgment
PER HON’BLE MR. PANKAJ KUMAR, MEMBER (A)
In this case relating to the compassionate appointment, the applicant has sought the following reliefs:
a)To quash the impugned rejection order, vide dated 26.06.2024 as contained in Annexure No. A-1 to this OA.
b)To order, direct and command to the opposite parties to appoint the applicant in the scheme of compassionate appointment, pursuant to the educational eligibility of the applicant in Group 'C' posts.
c)To issue such other order or direction which may be deemed just and proper in the circumstances of the case and allow the application with cost in the favor of the applicant.
The facts of the case are that the applicant’s father, who was working on the post of Postman under the respondents, died in harness on 27.02.2016, leaving behind him three married daughters and three sons, including the applicant. The applicant’s mother had died on 17.06.1997 before the death of his father. The applicant represented to the respondents for appointment on compassionate ground, but his case was not recommended by the Circle Relaxation Committee (CRC) and it was rejected by the respondents vide letter dated 25.11.2019. The applicant approached this Tribunal in OA No. 119 of 2024 whereupon this Tribunal, vide order dated 01.03.2024, directed the applicant to prefer fresh representation to be considered and decided by the respondents. The applicant made a representation on 05.03.2024 to the respondents; however, the respondents, vide order dated 26.06.2024, rejected the applicant’s representation. Aggrieved, the applicant has preferred this OA.
The applicant’s contention is that the respondents had rejected his claim for appointment on compassionate ground for having obtained only 29 merit points while he should be allocated 47 merit points (paragraph 17 of the OA).
The respondents state that the applicant’s case for appointment on compassionate ground was considered by CRC along with other cases on 31.10.2019 and 01.11.2019, but it could not be recommended as the applicant obtained only 29 merit points while the last recommended candidate had 39 merit points. It is further contended that the applicant’s representation has been decided vide order dated 26.06.2024 that his case cannot be recommended for compassionate appointment as he had obtained only 29 merit points while the last recommended candidate by CRC, in its meetings held on 31.10.2019 and 01.11.2019, had 39 merit points.
Heard both the parties.
It is noted that consolidated guidelines on scheme for compassionate appointments have been brought out by the Department of Personnel & Training (DoPT), Government of India vide office memorandum (OM) dated 02.08.2022. 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 [Paragraph 1 of DOPT O.M. No. 14014/6/94-Estt. (D) dated 09.10.1998]. Compassionate appointments can be made upto a maximum of 5% of vacancies falling under direct recruitment quota in any Group ‘C’ post.
It is further noted that prescription of time limit for considering applications for compassionate appointment has been reviewed by DoPT vide O.M No.14014/3/2011Estt.(D) dated 26.07.2012 in view of the Hon’ble High Court Allahabad judgment dated 07.05.2010 in Civil Misc. Writ Petition No. 13102 of 2010. Subject to availability of a vacancy and instructions on the subject issued by DoPT from time to time, any application for compassionate appointment is to be considered without any time limit and decision taken on merit in each case. Paragraphs 3 & 4 of OM dated 26.07.2012 are extracted below:
“3.Subsequently vide this Department’s O.M. No. 14014/19/2002-Estt (D) dated 5th May, 2003 a time limit of three years was prescribed for considering cases of compassionate appointment. Keeping in view the Hon’ble High Court Allahabad judgment dated 07.05.2010 in Civil Misc. Writ Petition No. 13102 of 2010, the issue has been re-examined in consultation with Ministry of Law. It has been decided to withdraw the instructions contained in the O.M. dated 05.05.2003.
4.The cases of compassionate appointment may be regulated in terms of instructions issued vide O.M. dated 09.10.1988 as amended from time to time. The onus of examining the penurious condition of the dependent family will rest with the authority making compassionate appointment.”
(emphasis supplied)
Having taken note of the scheme for compassionate appointment under the Central Government, it is observed that the condition of deceased employee’s family may undergo change with time. The field comprising candidates applying for consideration for compassionate appointment may also change over time. The vacancies available against the quota of 5% of direct recruitment vacancies each year may vary. These factors may diminish or brighten the prospects of a candidate for compassionate appointment.
It is noted that the case of the applicant has been considered on merits by CRC only once in the year 2019. It cannot be said that the applicant has not been diligently pursuing his case. It would be unjust to shut the door on a family praying for consideration of their case without examining afresh the relative merit of the applicant’s claim by the respondents.
In view of the foregoing, the impugned order dated 26.06.2024 is quashed and set aside and the respondents are directed to consider the case of the applicant afresh on merits through the Circle Relaxation Committee and decide his case by way of a reasoned and speaking order, preferably within a period of three months from the date of receipt of certified copy of this order. It is made clear that no observation is made on the merits of the applicant’s case.
This OA is disposed of accordingly.
Associated MAs also stand disposed of.
Parties shall bear their own costs.