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Judgment
Shri Vinod Kumar, learned counsel for the applicant, and Shri R.K. Umang, 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 an order or direction in the suitable nature quashing and setting aside the impugned order dated NIL.11.2025 with covering letter dated (Annexure No. A-1 this to 21.11.2025. OA with compilation no. I).
ii.To / issue an order direction or in the suitable nature directing the respondents authorities to consider the claim of the applicant on compassionate grounds under the Dying-in-Harness rules, within stipulated period of time.
iii.To issue any other order or direction, which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
iv.To award the cost of the application to the applicant.”
Brief facts of the case are that the husband of applicant no.1 and father of applicant no.2 died while serving in the respondents department on 16.07.2015. After that the applicants approached the respondents for appointment of applicant no.2 on compassionate grounds. After completion of due formalities, the case of applicant no.2 was considered by the respondents but the appointment on compassionate appointment was declined by the respondents showing low merit points in the Board meeting dated 25.05.2021. He case was considered again and declined vide order dated 22.12.2023 and it was also advised that his case may again be considered if he submits the application on the prescribed format along with necessary documents. In response to the same, the applicant submitted the application on 22.03.2024.
Learned counsel for the applicant states that in the impugned order, the authority concerned had specifically mentioned that the candidature of the applicant will be considered on merit. It is further argued that no order has been passed till today nor any information was given to the applicant regarding the matter. Thus, it was prayed that the O.A. be disposed of at this stage itself directing the competent authority amongst the respondents to consider the case of the applicant expeditiously.
Learned counsel for the respondents opposed the prayer and argued that since in the impugned order itself it is mentioned that in the future vacancy the candidature of the applicant will be considered and decision will be taken on the basis of merit system. Thus, there is no need to issue any fresh direction to the competent authority. As soon as the decision is taken, it will be communicated to the applicant.
I have considered the rival submissions of learned counsel for the parties and perused the entire documents on record.
In view of the prayer made by learned counsel for the applicant and the contention of the respondents themselves regarding re-consideration of the case of the applicant, the O.A. is hereby disposed of with the direction to the competent authority amongst the respondents to reconsider the claim of the applicant for grant of compassionate appointment in the next CRC/Board meeting in accordance with rules regulating the matter as well as the relative merit points earned by the applicant. The decision so taken should be communicated to the applicant expeditiously.
The O.A. stands disposed of with above directions. All associate M.A.s also stand disposed of. No order as to costs.