AI Structured Summary
Not yet generated for this judgment
Judgment
O R D E R
In accordance with the order of the Hon’ble Chairman, Central Administrative Tribunal, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single member. Accordingly, this matter is taken up for disposal by this Single Bench.
The applicant has filed this Original Application, seeking the following relief(s):
“a)To quash and/or set aside the impugned speaking order dated 6.10.2023 passed by the respondent authorities, rejecting the claim of compassionate appointment of the applicant.
b)To pass an order directing the respondent authorities to grant compassionate appointment to the applicant in terms of DOPTOM dated 9.10.1998 modified on 16.1.2013.
c)To direct the respondent authorities to show cause for taking untrue fact in the impugned speaking order dated 6.10.2023.
d)An order directing the official respondents to produce/cause production of all relevant records.
e)Any other order or further order/orders as to this Hon'ble Tribunal may deem fit and proper.”
3. Brief facts of the case
The father of the applicant, Late Budhu (alias Budho) Bhuiya, while working as a Garden Attendant under the respondents at A.J.C. Bose Indian Botanical Garden, Shibpur, Howrah, had expired on 01.11.2002.
Following his death, an application for appointment on compassionate ground was submitted on 08.09.2003 to mitigate the severe financial distress of the family.
Subsequently, the respondents asked the applicant to submit an updated bio-data and terminal benefit details vide letter dated 04.02.2016, which were duly submitted under covering letter dated 22.03.2016 indicating that the applicant is a B.Com graduate.
A physical verification team constituted by the respondents conducted an inquiry and submitted a Compliance/ Verification Report dated 04.06.2018, finding the applicant’s family living in indigent conditions.
Since no decision was taken by the respondents on the matter, the applicant had approached this Tribunal in O.A. No. 452/2021, which was disposed of on 14.07.2021 with direction upon the competent authority to decide the representation of the applicant by passing a reasoned and speaking order.
Pursuant thereto, Respondent No. 6 passed an Order dated 11.10.2021, stating that out of 25 direct recruitment vacancies under the 5% compassionate quota for the year 2021, only 1 vacancy was available against a waiting list of around 95 applicants across various regional centres, and that the applicant’s name would be considered as and when his turn arrives.
Aggrieved, the applicant had preferred O.A. No. 958/2022 before this Tribunal. By a common order dated 21.06.2023, this Tribunal had set aside the order dated 11.10.2021 in light of the physical verification report, and had directed the respondents to take a holistic view and a pass appropriate orders based on the policy prevalent at the time to the death of the employee within 45 (Forty Five) days, and if the applicant is found to be eligible an appointment order to him be issued within a further period of 02 (Two) months.
In compliance with the order dated 21.06.2023, Respondent No. 6 passed the impugned Speaking Order dated 06.10.2023, rejecting the claim of the applicant on the sole ground that the Administrative Ministry (Ministry of Environment, Forest & Climate Change) has imposed a ban on appointments on compassionate ground in the Botanical Survey of India, which has not been lifted despite approach.
Aggrieved, the applicant has filed the present Original Application seeking the relief(s) mentioned in Para 2 above.
Hearing
We have heard Ld. Counsel for both sides and considered the material on record.
The submission made by the Ld. Counsel for the applicant are summarised below:
The ground of “ban on compassionate appointment” taken in the impugned order dated 06.10.2023 is contrary to the established policy of the Government of India on the issue of appointment on compassionate ground.
Ld. Counsel for the applicant drew attention to the answer dated 05.02.2014 given by the Hon’ble Minister of the State in the Ministry of Personnel, Public Grievance and Pension in response to an unstated question in the Lok SabhaCentral Administrative Tribunal (Annexure A-14) wherein it has been directed that the Scheme of Compassionate Appointments issued by the Department of Personnel & Training, vide OM dated 09.10.1998/ 16.09.2013 is in operation.
Ld. Counsel for the applicant further submitted that the physical verification report dated 04.06.2018 has explicitly established the indigent condition of the applicant’s family, and that as per RTI information dated 23.01.2024, direct recruitment vacancies exist in Level-1 posts.
The Ld. Counsel for the respondents submits that while the applicant’s case was processed and forwarded to the Ministry, the said Ministry (MoEF&CC) has informed that there is a moratorium/ban on filled posts under the compassionate appointment quota in BSI.
Since the ban has not been lifted by the Ministry, the Field Office/ Head of Office expressed inability to issue an offer of appointment at this stage.
Findings
We have carefully examined the pleadings, the impugned order dated 06.10.2023 the earlier orders of this Tribunal dated 14.07.2021 and 21.06.2023, as well as the Physical Verification Report dated 04.06.2018 placed on record.
It is a settled position of law that compassionate appointment is intended to provide immediate relief to the family of a deceased government servant to tide over the financial crisis faced by the family after the loss of theCentral Administrative Tribunal sole breadwinner.
In the previous round of litigation in O.A. No. 958/2022 (decided on 21.06.2023), this Bench had quashed the earlier order dated 11.10.2021 and directed the respondents to take a holistic decision on the prayer of the applicant considering the physical verification report wherein the penury of the applicant was confirmed.
The sole reason furnished by the respondents in the impugned order dated 06.10.2023 is an administrative “ban” on compassionate appointments imposed by MoEF&CC. However, the respondents have not placed any material on record in support of their contention in the regard. Further, the Department of Personnel & Training have not issued any order it’s policy for keeping on compassionate grounds as per its OM dated 09.10.1998/16.01.2013 in abeyance.
The blanket rejection of the case of the applicant without placing it before a properly constituted Circle Selection Committee/ Screening Committee to evaluate the applications received for appointment on compassionate ground is not proper.
In view of the above discussion, the Original Application the impugned Speaking Order dated 06.10.2023 passed by Respondent No. 5 is hereby quashed and set aside.
The matter is remanded back to the respondents with the following directions:
Respondent No. 1 (Secretary, MoEF&CC) and Respondent No. 3 (Director, BSI) are directed to reconsider the case of the applicant for compassionate appointment in accordance with the extant guidelines on the subject issued by the Department of Personnel & Training, Government of India.
The case of the applicant shall be placed before the next meeting of the Committee for Compassionate Appointment. The said committee will make its recommendation based on the comparative merit and indigent condition of the applicant and the available vacancies.
The entire exercise shall be completed and a fresh reasoned speaking order will be passed by the competent respondent authority and communicated to the applicant, within a period of 12 weeks from the date of receipt of a certified copy of this order.
The Original Application (O.A. No. 350/00997/2024) is accordingly disposed of to the extent indicated above. No order as to costs.