Smt. Radha Kushwah vs The Union Of India & Ors.

By way of this Original Application, applicant is seeking quashment of the impugned order dated 19.12.2020 (Annexure A/1). She has prayed for consideration of her application for grant of compassionate appointment.

The brief facts of the case are that the father of the applicant was working on the post of Gramin Dak Sevak. He died in harness on 22.09.2016 (Annexure A/3) leaving behind one son and four daughters. All were married at the relevant time. Her mother also died on 01.01.2005 (Annexure A/3). Applicant submitted an application for grant of compassionate appointment with all requisite documents to respondent department vide Annexure A/4. Respondent authorities informed the brother of the applicant to submit a consent from all other family member vide letter dated 22.11.2017 (Annexure A/5). The same was done by the applicant. The respondent’s authority issued letters to applicant to rectify certain irregularities in the application. The same was rectified by the applicant. As per Circular dated 30.08.2017 a revised scheme for engagement of a dependent of a deceased Gramin Dak Sevaks on compassionate grounds was issued wherein married daughter/widowed daughter/divorced daughter wholly dependent on the GDS at the time of his/her death is entitled to get the benefit of compassionate appointment. However the respondents without considering the documents declared the applicant as not being wholly dependent on GDS and rejected her application vide order dated 19.12.2019. Hence this Original Application.

Respondents in their reply have submitted that as per the statement obtained from the applicant on 15.10.2019 she is living her husband in village Lakhanpura Post Lakhera after marriage and her husband is earning Rs.10000/- per month. As per Directorate’s instruction dated 30.05.2017 married/widowed daughter/divorced daughter should be wholly dependent at the time of death of deceased employee. The applicant was not wholly dependent at the time to death of the deceased employee.

No rejoinder has been filed by the applicant to controvert the averments made in the reply of the respondents.

When the matter was called for hearing, none appeared on behalf of the applicant. The matter was reserved on 10.08.2026 and both counsel for the parties were granted time to file written arguments within 15 days. However, no written arguments were filed by the counsels for the parties. Hence the right to file the same is closed.

I have heard the learned counsel for the respondents and perused the pleadings and documents annexed therewith.

The main issue that arises for consideration is as to whether the applicant, being the married daughter of the deceased employee is eligible to be considered for compassionate engagement under the Revised scheme contained in Department of Posts Circular No.17-1/2017-GDS dated 30.05.2017.

The revised scheme dated 30.05.2017 specifically includes a “married/widowed/divorced daughter wholly dependent on the GDS at the time of his/her death” within the definition of “Dependent Family Member”. Thus, the mere fact that the applicant is a married daughter cannot, by itself, constitute a ground for rejection of her claim. However, such eligibility is subject to the condition that she was wholly dependent upon the deceased GDS at the time of his/her death. The scheme further envisages that the family deserves immediate assistance to relieve them from financial destitution apart from the fact that the applicant should otherwise be eligible and suitable for the post of GDS.

It is therefore necessary to examine whether the applicant has been able to establish the foundational requirement of dependency upon the deceased GDS as on the date of his death. What is material under the scheme is whether she was wholly dependent upon the deceased GDS at the time of his/her death.

It is also pertinent that compassionate appointment is not a vested right or a regular mode of recruitment. It is an exception intended to provide immediate financial relief to a family facing destitution consequent upon the death of its breadwinner. The claim has, therefore, to be considered strictly in accordance with the applicable scheme and its conditions.

In the present case, the applicant had submitted her application on 08.11.2016 (Annexure A/4). At the time of death of her father, she was married and settled with her husband in Village Lakhanapura Tehsil Dabra District Gwalior as is evident from the copy of the voter ID card and ADHAAR card attached with the O.A. The residential address of the applicant mentioned in the Voter ID card and Adhaar Card are same i.e. “Lakhanpur, Village Lkahanpura Tehsil Dabra District Gwalior (MP)”. It is evident that the applicant was not staying with her father nor she has been able to produce any evidence to establish that she was totally dependent on her father at the time of his death. From the facts on record it is observed that the applicant has failed to establish that she was wholly dependent upon the deceased GDS at the time of his/her death.

The coordinate bench of CAT, Madras Bench, in O.A. No. 1338/2016 dated 30.08.2019 (G.P. Sree Devi vs. M/o Railways) has relied on the decision of Hon’ble Apex Court in the case of Chief Commissioner, Central Excise & Customs, Lucknow & Others v. Prabhat Singh (2012) 13 SCC 412 wherein it has been held as under:-

In light of above discussions and findings, I do not find any merit in the instant O.A. and the same is liable to be dismissed and is accordingly dismissed. No costs.