Shankari Devi vs Union Of India And Ors

Heard learned counsel for the petitioner Mr. Gautam Kumar, assisted by Mr. Sandip Kumar Burnwal and Mr. D.K. Chakraverty for the Respondent Railways.

Aggrieved by the dismissal of O.A. No. 51/546/2018 vide order dated 12.07.2018 passed by the learned CAT, Patna Bench, Circuit Bench at Ranchi, the applicant has approached this Court. She had approached the learned CAT for a direction upon the Respondents to consider the claim of appointment of his son on account of de-categorization of service of applicant's husband from the post of Loco Pilot (Goods) vide letter dated 25.05.2013.

According to the applicant, her husband was declared unfit for A-1 to B-2 medical category, but he was found fit for medical category C-1 and below and not involving with train running and train passing duty and also not to be employed in or near running lines or moving machinery, as per para-12.9 of IRMM-2000. Applicant's husband could not accept the alternative post due to continuous sickness. Thereafter, he made a request on 28.02.2014 for an alternative job. He also prayed that his son may be considered for any Group-D post on compassionate ground. Later, applicant also submitted a representation on 01.02.2018 reiterating the same request.

Learned Tribunal dismissed the O.A holding that there is no policy in existence under which claim of the applicant can be allowed. Applicant's husband had retired on 28.02.2014 without joining on any alternative post.

Respondent have filed counter affidavit in the present matter and stated inter- alia as follows:

Learned counsel for the Respondent submits that the employee was asked for screening for alternative post on 25.06.2013 due to his medical de-categorization, but he requested for deferment of the screening test. He superannuated on 28.02.2014 Without joining on the alternative post. In terms of Railway Board's letter dated 14.06.2006 bearing RBE No. 78/2006, if an employee is totally incapacitated and is not in a position to continue in any post because of his medical condition, he may be allowed to opt for retirement. In such cases, request for appointment on compassionate ground to an eligible ward may be considered if the said employee chooses to retire voluntarily pursuant to such appointment and in case of employees who are declared partially de-categorized at a time they should have at least five years or more of service left (Annexure-3). In that light, the employee was informed that his request for appointment of his son Sagar Kumar Pandey could not be considered. His representation was disposed of vide Annexure-6 to the writ application dated 13.02.2018 (Annexure-R-4). Learned Tribunal has considered the entire matter in proper perspective and since there was no policy in existence to grant compassionate appointment to the ward of an employee, relief was denied. Writ petition being devoid of merit, should be dismissed.

Learned counsel for the petitioner has also placed reliance upon Annexure-R-3 in order to support his submission that since the employee was de-categorized on medical grounds, his application for compassionate appointment of his son ought to have been considered sympathetically.

Having considered the submissions of learned counsel for the parties and relevant material facts on record including the Circular RBE No. 78/2006, we do not find any error in the order of learned Tribunal. Since there was no policy in existence for entertaining the claim of compassionate appointment of the ward of an employee who did not have five years of service left after de-categorization, claim of the applicant's son could not be entertained. The claim for compassionate appointment is an exception to general rule of appointment under Article 14 of Constitution of India and is to be confined within the contours of the prevailing circular or scheme operating in the department. There is no place for sympathy beyond the provisions of compassionate appointment scheme to be resorted to by the Writ Court. As such, writ petition being devoid of merit, is dismissed.