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Judgment
By Hon'ble Ms. Pratima K. Gupta, Member (Judicial)
Shri Sunil, learned counsel for the applicant, Shri M.K. Sharma, holding brief of Shri Chakrapani Vatsyayan, learned counsel for respondent no.1 and Shri R.K. Srivastava, learned counsel for respondent nos.2 to 5 are present.
By way of this original application the applicant has sought the following reliefs:-
“i)To quash and set-aside the effect and operation of the impugned order dated 18/21.09.2021 passed by the senior Administrative Officer, Indian Institute of Farming Systems Research, Modipuram, Meerut whereby an order has been passed that no consideration is permissible for the compassionate appointment, for the reason that there is no vacant post under prescribed quota in the concerned category.
ii) To issue an order or direction to the Director, Indian council of Agriculture Research, Krishi Bhawan, New Delhi to consider the claim of the applicant with respect to his compassionate appointment on Group ‘C’ post, according to the qualification of the applicant, in pursuance of application dated 30.07.2021 submitted by the applicant’s mother before Director, Indian Institute of Farming Systems Research, Modipuram, Meerut, in view of Clause 7(e) of endorsement dated 07.02.2014 issued by the Indian Council of Agricultural Research, Krishi Bhawan, New Delhi, within stipulated period of time as fixed by this Hon’ble Tribunal.
iii) To issue an order or direction in the appropriate nature which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.
iv) Award the cost of the original application to the applicant.”
The brief facts leading to this original application are that the father of the applicant Shri Ajay Prakash Dwivedi died in harness on 01.06.2021. The applicant preferred a representation before the respondents for seeking appointment on compassionate ground on 30.07.2022. The same has been rejected by the respondents by way of impugned order which reads as under:-
सेवा में, श्रीमति उषा द्विवेदी पत्नी स्व. श्री अजय प्रकाश द्विवेदी निवास-20 पल्लव पुरम, फेज-2 मोदीपुरम मेरठ
विषय- अनुकम्पा के आधार पर मृतक आश्रित श्रेणी के अन्तर्गत सेवायोजन के संबंध में।
महोदया,
आपके उपरोक्त विषयक प्रार्थना पत्र दिनांक 30.07.2021 के संबंध में सूचित करना है कि परिषद द्वारा समय समय पर जारी दिशा निर्देशों एवं मानक नियमों के सापेक्ष अनुकम्पा आधार पर नियुक्ति के लिए निर्धारित कोटा के अन्तर्गत संबंधित श्रेणी में कोई पद रिक्त नहीं है। अतः आपके संदर्भित विषयक पत्र पर विचार किया जाना सम्भव नहीं है।
In support of his claim the learned counsel for the applicant submits that the respondents have come out with a fresh advertisement (which is annexed at page no.83 of this OA) for appointment on the post of Technician Grade-I.
Learned counsel for the applicant add that the respondents have proceeded with the said advertisement without considering the rightful claim of the applicant against the 5% quota prescribed under the rules for consideration of cases under compassionate appointment.
Learned counsel for the respondents submits that the respondents have proceeded with the advertisement as per rules and requirements. The case of the applicant was fully considered against the rules and instructions on the subject and since there was no vacancy under the compassionate appointment quota accordingly, the case of the applicant was rejected by way of an impugned order.
Heard learned counsel for the parties and perused the documents on record.
At this stage, I feel that this original application can be disposed at the admission stage with a direction to the respondents to consider the case of the applicant under the vacancies for compassionate appointment as and when the committee for consideration for such appointments meets in future. The outcome of the same shall be intimated to the applicant once the meeting takes place within a period of three months thereafter. I may not interfere in the said order as the applicant will be considered in future selection process.
With the above directions, the original application is disposed off.
There shall be no order as to costs.