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Judgment
The applicant is the son of late A.K.Vikraman who was working in the post of TDM at Naval Ship Repair Yard, Kochi. He passed away while in service on 19.06.2016. He left behind his wife and two children including the applicant. Applicant claims that he is entitled to get employment assistance under the compassionate appointment scheme. His application was considered and rejected by Annexure A-11 order. In Annexure A-11, it is observed that cases which have already been rejected can be resubmitted only if new material facts affecting the financial penury emerge. According to the applicant there are subsequent developments justifying to claim the benefit of employment assistance to him. Accordingly, he submitted Annexure A-12 representation on 17.7.2023 before the 4th respondent.
When the case was taken up for final hearing, the learned counsel for the applicant submits that the applicant would be satisfied if the 4th respondent is directed to consider Annexure A-12 representation and pass a reasoned order within a reasonable time.
The applicant has detailed his financial conditions, domestic worries and complaints including subsequent developments which, according to him, are justifications in granting the benefit of compassionate appointment. It is up to the Competent Authority to consider and pass a reasoned and speaking order on Annexure A-12 representation.
Therefore, the Original Application is disposed of with a direction to the 4th respondent to consider Annexure A-12 representation and pass a speaking order, after affording an opportunity of being heard to the applicant, within a period of 60 days from the date of receipt of a copy of this order.
The Original Application is disposed of as above. No costs.
List of Annexures
Annexure A1- True copy of the community certificate, for the purpose of reference dated 27.8.2016 issued by the Government of Kerala
Annexure A2- True copy of the application in the month of July, 2016 seeking compassionate appointment submitted by the applicant in the month of July, 2016
Annexure A3- True copy of the Compassionate Appointment Scheme applicable to the Government Servants under the Central Government
Annexure A4- True copy of the letter dated 23.6.2017 issued by the Village Officer to the Tahsildar, Kanayannur Taluk
Annexure A5- True copy of the letter of July issued by the District Collector, Ernakulam to the Flag Officer, Commanding in Chief, Head Quarters, Southern Naval Command, Kochi along with typed copy
Annexure A6- True copy of the extract obtained from the Tahsildar, Kanayannur (undated) along with typed copy
Annexure A7- True copy of the certificate dated 10.01.2017 issued by the Tahsildar, Aluva
Annexure A8- True copy of the Income Certificate dated 4.4.2017 issued by the Poonithura Village Office in the name of the mother of the applicant
Annexure A9- True copy of the letter dated 13.8.2020, issued by the Chief Flag Officer, Commanding in Chief
Annexure A10- True copy of the letter No.CP(NG)/6671/COP(II) dated 31.1.2022 issued by Directorate of Civilian Personnel, Integrated Headquarters, Ministry of Defence (Navy), NewDelhi
Annexure A11- True copy of Speaking Order CS 2809/357 dated 8.4.2022.
Annexue R1(A)- A true copy of the relevant extract of O.M No.14014/02/2012-Estt.(D) dated 16.1.2013
Annexure R1(B)- A true copy of the MoD/D(Lab) IDNo.19(2)/2017-D(Lab) dated 9.1.2018
Annexure R1(C)- A true copy of the verification report dated 19.8.2017 issued by the District Collector Ernakulam
Annexure R1(D)-A true copy of the letter CS 2809 dated 21.01.2019 issued by the 4th respondent
Annexure R1(E)- A true copy of the letter CP(NG)/6671/COP dated 23.12.2019 issued by Integrated Headquarters, Ministry of Defence, New Delhi
Annexure R1(F)- A true copy of the District Collector, Ernakulam letter dated 14.1.2021
Annexure R1(G)-A true copy of the letter CS 2809 dated 29.10.2021 issued by the 4th respondent
Annexure R1(H)-A true copy of the letter CP(NG)/6671/COP(II) dated 31.1.2022 issued by the Integrated Headquarters, Ministry of Defence (Navy), New Delhi
Annexure R1(I)- A true copy of Speaking Order CS 2809/357 dated 08 Apr 22 issued by the 4th respondent
Annexure A10- True copy of the letter No.CP(NG)/6671/COP(II) dated 31.1.2022 issued by Directorate of Civilian Personnel, Integrated Headquarters, Ministry of Defence (Navy), New Delhi
Annexure A11- True copy of the Speaking Order CS 2809/357 dated 8.4.2022
Annexure A12- True copy of the representation submitted by the applicant before the 4th respondent dated 17.7.2023