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Judgment
The appellant''s application for employment assistance on compassionate ground due to death of his father came to be rejected vide order dated 2nd June, 2005 on the following grounds:-
"1. The family has no liability of any minor dependent or unmarried daughter.
You are a young man aged 27 years and can earn your livelihood yourself.
The family has received Rs. 1,89,583/- as terminal benefits and Rs. 1,825/- p.m. + D.A. as Family Pension.
Your case has earned only 44 points on a scale of 100, whereas cases earning 80 or more points are considered deserving ones."
The scheme for compassionate appointment and relative merit mentions the objective assessment of request by providing marks, thus:-
Family Pension.-(Basic excluding DA & allowances)
(i)
UptoRs 1300
20
(ii)
1301-1500
18
(iii)
1501-1700
16
(iv)
1701-1900
14
(v)
1901-2100
12
(vi)
2101-2300
10
(vii)
2301-2500
8
(viii)
Above Rs 2500
6
(b)
Terminal Benefits
(i)
UptoRs. 100000
10
(ii)
100001-120000
9
(iii)
120001-140000
8
(iv)
140001-160000
7
(v)
160001-180000
6
(vi)
180001-200000
5
(vii)
200001-220000
4
(viii)
220001-240000
3
(ix)
240001-260000
2
(x)
260001-300000
1
(xi)
Above Rs 300000
Nil
(c) Monthly income of earning member(s) and income from Property:
(i)
No income
5
(ii)
Rs 1000 or less
4
(iii)
Rs 1001 to 2000
3
(iv)
Rs 2001 to 3000
2
(v)
Rs 3001 to 4000
1
(vi)
Rs 4001 and above -
Nil
(d)
Movable/Immovable Property (Latest Market Value in Rs. )
(i)
Nil
10
(ii)
Upto 50000
8
(iii)
50001-100000
6
(iv)
100001-200000
3
(v)
200001 and above
1
(e)
No. of dependents
(i)
3 and above
15
(ii)
2
10
(iii)
1
5
(f)
No. of unmarried daughters
(i)
3 and above
15
(ii)
2
10
(iii)
1
5
(iv)
None
0
(g)
No. of Minor children
(i)
3 and above
15
(ii)
2
10
(iii)
1
5
(iv)
None
0
(h)
Left over service
(i)
0-5 Years
2
(ii)
Over 5 & upto 10 years -
4
(iii)
Over 10 & upto 15 years -
6
(iv)
Over 15 & upto 20 years -
8
(v)
Over 20 years
10
(This does not include the monthly family pension/pension due to the death/MBO/missing of Govt, servant, but any other pensions, income of all the family members (including) earning members living separately should be accounted)
On the aforesaid scale the appellant got 44 points. The details thereof are reflected at page 26 annexed with the counter affidavit filed on behalf of respondent Nos. 1 to 4.
The counsel for the appellant would urge that for a small hut that the appellant owns, the authorities has taken income from the said house at the rate of Rs. 2,000/- per month and thereby committed serious error in awarding only 3 points. He submitted that in this category, 8 points ought to have been awarded. Even if we accept his submission, we find that the maximum points that the appellant gets would be 50 and that would also not entitle him to compassionate appointment as the cases getting 80 points or more, as per the scale provided under the scheme, makes out deserving case.
The consideration of the matter by the Single Judge, thus, cannot be said to suffer from any infirmity. The appeal is dismissed, in limine.