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Judgment
Shri Arpit Malviya, learned counsel for the applicant, and Shri Manoj Kumar Sharma, learned counsel for the respondents, are present and heard.
Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
“(i)To, issue a writ, order or direction in the nature of certiorari quashing the impugned minutes of meeting dated 09.11.2022 passed by the respondent no.5 (Annexure A-1) to this application.
(ii)To, issue a writ order or direction in the nature of mandamus directing the respondents to consider compassionate appointment of applicants, within stipulated period.
(iii)To issue any other writ, order or direction which this Hon’ble court may deem fit and proper in the facts and circumstances of the case.
(iv)To award the cost of original application to the applicants.”
Brief facts of the case are that both the applicants had applied for appointment on compassionate grounds in the respondents’ department which was placed before the Screening Committee for consideration but the claim of the applicants were rejected on the ground that there were only 9 vacancies and the applicants secured 25th and 30th ranks respectively, therefore, their cases could not be considered. However, their cases were kept pending for future consideration. The minutes of the meeting of the Screening Committee dated 09.11.2022 containing the aforesaid observation has been challenged in the present O.A.
Submission of learned counsel for the applicant is that the aforesaid minutes of the meeting may be quashed since both the applicants submitted the documents as called for before the respondents and have continuously approached the respondents since 2006 but the respondents did not consider the applicants’ case on the basis of all the relevant aspects and rejected their case in an unjust manner.
Submission of learned counsel for the respondents is that he does not want to file any counter affidavit in the case since the respondents have themselves kept the case of the applicants open to be considered in the future and there is no illegality in the impugned minutes.
I have considered the rival submissions of learned counsel for the parties and perused the entire documents on record.
The impugned minutes of the Screening Committee’s meeting held for considering the cases for appointment on compassionate grounds shows the names of the applicants at sl.nos. 25 and 30 respectively. It has been specifically mentioned that since there were only 9 vacancies and the applicants secured 25th and 30th ranks respectively, they could not be given the appointment but their cases have been stated to be kept pending for future considerations. As the respondents themselves have kept the cases of the applicants open for re-consideration in the future, there is no requirement for any interference with the impugned minutes of the meeting. Accordingly, the respondents are hereby directed to reconsider the claim of the applicant for grant of compassionate appointment in the next CRC meeting in accordance with rules regulating the matter and the relative merits points of the applicants.
The O.A. stands disposed of with above directions. All associated M.A.s also stand disposed of. No order as to costs.