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Judgment
Per: Hon’ble Smt. Urmita Datta (Sen), Judicial Member
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):
“a)To quash and/or set aside the impugned stereotype speaking order No. SFB/V-36/2013 dated 27.10.2022 issued by the Chief Post Master General, West Bengal Circle by not complying with the DOP&T OM dated 26.07.2012 and subsequent DOP&T OM dated 30.05.2013 by not considering the appointment on compassionate ground in favour of the applicant which cannot be sustainable in the eye of law being Annexure A-13 of this original application.
b)To quash and/or set aside the impugned speaking order dated 8th August, 2016 being Memo No. SFB/V-36/2013 issued by the Director of Postal Services (Headquarters), West Bengal Circle, Kolkata 700012 being Annexure A-9 of this original application;
c)To pass an appropriate order directing upon the respondent authority to consider the case of the applicant by giving appointment on compassionate ground in the vacancy years of 2016-17 and 2017-18 forthwith;
d)To pass an appropriate order directing upon the respondent authority to consider the case of the applicant regarding grant of appointment on compassionate ground in the light of the observation made by this Hon'ble Tribunal in the order dated 30.11.2015 in OA No. 350/00582/2014 and give the effect of the appointment from the date when your applicant is eligible for the same along with all consequential benefits by setting aside and quashing the impugned speaking order dated 27.10.2022 being Annexure A-13 of this original application;”
Ld. Counsel for both the sides are present and heard.
The instant application has been filed praying for consideration of his case for compassionate appointment. It has been submitted that it is a second round of litigation on earlier occasion he had approached this Tribunal in OA 775/2018 which was disposed of vide order dated 08.10.2022 directing the respondents to consider the case of the applicant by placing this application/appeal before the next CRC, in accordance with the extant instructions on this subject, as well as the policy in vogue for compassionate appointment.
Therefore, after the respondents had issued a speaking order dated 27.10.2022 wherein they have passed the following as under:
“The CRC meeting for the vacancy year 2020 has been held on 16.08.222 and subsequently sent to Postal Directorate for approval. After receipt of the said approval the outcome of the CRC meeting for the vacancy year 2020 will be published. The case of the applicant has been placed in the CRC for vacancy year 2020.”
However, till date no communication has been received by him by the outcome of the CRC therefore, Ld. Counsel for the applicant has submitted that it would suffice if the authority will be directed to communicate their decision and take action accordingly within a stipulated period of time in the light of their speaking order dated 27.10.2022 as mentioned above.
Ld. Counsel for the respondents has no objection to the same.
6 I have heard the parties and perused the material available on records.
It is noted that vide their speaking order dated 27.10.2022 the respondents, The Chief Post Master General, has communicated that in the case of the applicant the outcome would be published as per the meeting held on 16.08.2022, however, as per the applicant he has not received any communication with regard to status of this case therefore the Respondent No. 02 is directed to communicate the final decision of the meeting held on 28.08.2022 with follow up action if any within a period of 08 weeks from the receipt of the order.
Accordingly, the OA is disposed of. No costs.