Central Administrative Tribunal - Mumbai
Sarika Dattatraya Mane vs Central Excise And Customs on 18 November, 2025
1 OA No.272/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.272/2022
Dated this Tuesday the 18th November, 2025
CORAM: Hon'ble Mr. Shri Krishna, Member (A)
Smt Sarika Dattatraya Mane
Age : 38 years, Occu - Housewife,
R/o Bastavde, Tal-Kagal,
Dist -Kolhapur
Mob - 9158616549 ... Applicant
( By Advocate Shri Anand S. Patil )
VERSUS
1. The Commissioner of Central Excise,
& Service Tax, Vasant Plaza,
Commercial Complex, Rajaram Road,
Near Bagal Chowk, Kolhapur - 416 001.
2. The Joint Commissioner,
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b,
The Central Excise & Customs,
Milan Jackson
Pune Zone, Pune - 411 044.
Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc,
PostalCode=401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4,
CN=Milan Jackson Alphanso
Alphanso Reason: I am the author of this document
Location:
Date: 2025.11.19 14:36:15+05'30'
Foxit PDF Reader Version: 2024.4.0
3. The Administrative Officer (Estt)
Cadre Control Cell,
Central Excise & Customs,
Pune Zone, Pune - 411 044. ... Respondents
(By Advocate Shri Sachin Patil a/w Smt J.K. Rehel)
2 OA No.272/2022
ORDER
The applicant has filed this Original Application seeking direction to the respondents to give her appointment in the post of Class-III on compassionate ground.
2. Brief facts as stated by the applicant in the OA are that her husband late Shri Dattatrya Rangro Mane, while working in the Central Excise Department as Sepoy on permanent basis, had died in harness on 06th June, 2010. She is a 38 years old widow. She applied for compassionate appointment. She is having two sons aged 18 and 17 years respectively, who are Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso students. The applicant made various representations Alphanso Reason: I am the author of this document Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 to the respondents for compassionate ground appointment dated 30th July, 2010, 30th December, 2015, 08th December, 2016, 21st August, 2017 and 2nd February, 2021. However, there was no response from the respondents. Therefore, she made application under RTI dated 20th September, 2021 asking whether any communication has been made by the office of the 3 OA No.272/2022 respondents till 2021. The office of the respondents has communicated her that their office has not made any correspondence with the applicant in respect of her application dated 30th July, 2010 for compassionate ground appointment from 2010 to 2021.
2.1 It is the case of the applicant that her husband was working with the respondents department from 28th August, 1998 till his death in harness on 06th June, 2010 and, therefore, she is eligible for compassionate ground appointment. She submitted that she does not have any source of income. Her two sons are students. She is also taking care of her husband's sister who is mentally retarded. She is not able to run the family with the meagre pension which she is Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document getting. She is landless lady, does not have any other Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 source of income to afford education of her sons and also maintain the mentally retarded sister of her late husband. The applicant has submitted that she has required qualification for the Group 'C' post and, therefore, the respondents should be directed to appoint her on compassionate ground.4 OA No.272/2022
3. After issuance of notice, the respondents have filed their reply and contested the OA.
3.1 It has been submitted that the husband of the applicant was working as Sepoy from 30th October, 1998 to 06th June, 2010 when he expired in harness on account of heart attack. The applicant had applied for compassionate appointment on 30th June, 2010 and, thereafter, pursued the matter on several occasions including 30th December, 2015, 08th December, 2016, 21st August, 2017 and 02nd February, 2021 despite which she claims that she has not received any response. 3.2 It has been submitted that it is a fact that she had applied for compassionate appointment on account of the unfortunate passing away of her husband Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document after putting in 12 years of service.
Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 3.3 It has been submitted that the departmental officer had visited the village of the applicant to confirm the financial and employment status of the applicant and filed report. Various screening committee meetings and correspondence regarding the applicant's case were undertaken by the office of the Commissioner of Central GST Kolhapur i.e. respondent 5 OA No.272/2022 No.1 and the case was duly scrutinized. After scrutiny the case was kept before the competent committee meant for the purpose of considering the cases for compassionate appointment. This screening committee met on 05th June, 2015 and observed that the applicant did not possess requisite education qualification and was just 09th standard pass at the relevant point in time whereas the minimum required qualification for the post of Hawaldar which is the lowest post happens to be SSC pass and with specified physical standards.
The grades of Sepoy Hawaldar were merged vide Board's letter dated 01st March, 2013 and re-designated as Hawaldar. The minutes of said meeting has been circulated to all Commissioners under Office letter Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document dated 10th June, 2015 alongwith the screening committee Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 proceedings of 05th June, 2015. It is on this count that the applicant could not be granted compassionate appointment.
3.4 It has been submitted that the applicant vide letter dated 30th December, 2015 to the Additional Commissioner Central Excise and customs Pune Zone in which she requested to reconsider her name for 6 OA No.272/2022 compassionate appointment and informed that she is studying in BA through Yashowantrao Chavan Maharashtra Open University.
3.5 It has been further submitted that the applicant is presently qualified as BA but is jobless, having completed her degree from the Yashwantrao Chavan Maharashtra Open University at Nashik in the year 2018 in the second class. There is also no doubt that the applicant despite being jobless and is working as agricultural labourer to look after her family which includes two young sons who are being educated and the sister of her late husband, who is also mentally retarded. As on date, she is only surviving on pension.
Her case is now clearly hit by the judgement of the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Hon'ble Apex Court int eh case of Umesh Kumar Nagpal Vs. Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 State of Haryana, 1992 SCC Online P&H 1557 in which it has been held that if compassionate appointment is not immediately given over a period of time a long period passes and the family still surviving, the same is clearly indicative of the fact that no immediate benediction is required.7 OA No.272/2022
3.6 It has been submitted that from the records, it appears that no correspondence was made by the applicant on this issue with the Kolhapur Commissionerate though her Original Application was made on 30th June, 2010 to the Kolhapur Commissionerate.
However, from the application dated 30th December, 2015, it appears that the applicant was aware of the fact that her name was deleted from the list of candidates for not fulfilling the criteria of educational qualification.
3.7 It has been submitted that the degree earned by the applicant is of 2018 i.e. 8 years after the demise of her husband. There are no guidelines/instructions prescribed for considering the applicant after it has once Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson been deleted and also after such a long period of time. Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 The respondents have placed reliance on the OM No.14014/3/2011-Estt(D) dated 26th July, 2012 and judgment of Hon'ble Supreme Court in the case of Umesh Kumar Nagpal (supra). In the light of the aforesaid submissions, the respondents pray that this OA be rejected with costs.
4. The applicant has filed rejoinder to the reply submitted by the respondents. It has been submitted 8 OA No.272/2022 that the requisite qualification for the post of Hawaldar was SSC pass, however, the applicant was having only 09th standard and, therefore, she was not considered for appointment. However, such decision was against the compassionate policy. The required qualification was SSC and she was having qualification of 09th standard. That means, she was about to complete 10th i.e SSC. Under such background, the respondents ought to have appointed her on the condition to complete the SSC qualification within prescribed period. On the contrary, she has completed graduation i.e Bachelor of Arts from the Yashwantrao Chavan Maharashtra Open University Nashik in May-June 2018 and secured second class. To qualify the admission of Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Bachelor of Arts, it is mandatory to pass the Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 Preparatory exam conducted by the University. She has appeared for the said exam and qualified in August, 2015 itself and thereafter took the admission for the graduation. As per the Universities rule and GR dated 20th May, 2011, the said preparatory exam is to be considered equivalent to SSC/HSC after passing of first year of graduation. Therefore, when the screening 9 OA No.272/2022 committee met on 05th June, 2015, it has to be considered that she has complied required educational qualification. Under such background, she was certainly eligible for the appointment in the year 2015 itself. Therefore, such rejection was itself wrong, illegal and against the policy.
4.1 It has been submitted that she has made application for appointment in the year 2010 submitting then educational qualification and if the screening committee met for consideration of her required qualification in the year 2015, then in that case, it was incumbent upon the respondents to verify her educational qualification of the year 2015 by communicating her. However, they did not do so and Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document decided her ineligibility relying on the qualification Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 of the year 2010 which itself is wrong and illegal. On the contrary, she has communicated to the Additional Commissioner Central Excise and Customs, Pune Zone, vide letter dated 30th December, 2015 that she was studying in BA through the Yashwantrao Chavan Maharashtra Open University and requested for fresh consideration which is admitted by the respondents. 10 OA No.272/2022 4.2 It is also not in dispute that in spite of having requisite qualification, she is jobless and is working as agricultural labourer and she has to look after her family which includes 2 young children who are students and sister of her late husband who is mentally retarded. Under such background, she is entitled for appointment. She has complied all the required criteria for appointment. The authority of Hon'ble Apex Court relied by the respondents are not applicable to her case.
4.3 It has been submitted that she was not aware about her rejection till the filing of the present OA.
There is no any official communication made by the respondents till date intimating about her rejection. Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document For the first time, the respondents have submitted this Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 in their reply to the OA. They have not annexed any acknowledgement about intimating her about her rejection with their reply. It was duty of the respondents to communicate her in time about such rejection. However, they failed to do so. Therefore, it cannot be concluded that the applicant was aware about her rejection.11 OA No.272/2022
4.4 It has been submitted that the applicant applied for compassionate appointment on 30th June, 2010. However, the screening committee meeting was held on 05th June, 2015 i.e. after 5 years of her application and decision taken therein by which she was held ineligible was never communicated to her till date.
She has placed reliance on the judgment of Hon'ble Supreme Court in the case of Malaya Nanda Sethy Vs. State of Orissa and Others, AIR 2022 Supreme Court 2836.
5. The respondents in turn have filed sur- rejoinder reiterating the contention made in their reply.
6. The applicant has filed MA No.108/2025 for bringing on record additional documents regarding her Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 educational qualification and copy of the scheme of compassionate appointment. The same was allowed by this Tribunal vide order dated 22nd July, 2025 and the said documents were taken on record.
7. During arguments, learned counsel for both the sides have argued their case on the basis of pleadings.
8. Learned counsel for the applicant submitted a copy of the consolidated guidelines on compassionate 12 OA No.272/2022 appointment dated 02nd August, 2022 issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions wherein the DoPT OM No.14014/6/94-Estt.(D) dated 09th October, 1998 have been reproduced. The OM provides for the relaxations of upper age limit in making compassionate appointment. He pointed out that para 6 of the OM deals with the exemption. As per clause (c)and (d) of the para 6 point B provides that in the matter of exemption from the requirement of passing the typing test those appointed on compassionate grounds to the post of Lower Division Clerk will be governed by the general orders. He submitted that in clause (d) of para 2 of OM No.14014/2/2009-Estt.(D) dated 03rd April, 2012, it has Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document been provided that "In case of appointment of a widow Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 not fulfilling the requirement of educational qualification, against the post of MULTI TASKING STAFF, she will be placed in minimum of Pay Level-1(Rs.18,000- 56,900) directly without insisting on fulfilment of educational qualification norms, provided the appointing authority is satisfied that the duties of the post against which she is being appointed can be 13 OA No.272/2022 performed with help of some on job training. This dispensation is to be allowed for appointment on compassionate ground against the post of MULTI TASKING STAFF only.
8.1 Learned counsel for the applicant further submitted that the applicant made the application for compassionate appointment on 06th October, 2010. The respondents did not take any action for 5 years till meeting of the committee on compassionate aground was held on 05th June, 2015. He further submitted that even that inspite of the repeated representations of the applicant, the respondents have failed to communicate the decision of rejection of her claim till the reply to the OA was filed. This shows that the respondents Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document have totally disregarded the directives of the Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 Government and the policy guidelines on the issue. He, therefore, submitted that when the DoPT OM which is binding on the respondents has specifically provided for the relaxation in the educational qualification, there was no justification for the respondents to reject the claim of the applicant.14 OA No.272/2022
8.2 He submitted that the applicant had appeared for the typing test. However, the respondents have declared her 'failed' but when she appeared for the computer typing test in the private typing institute namely MKCL Learning Center Code 33210298 run by Poonam Infotech in August, 2024, she was declared 'successful'. Thus, it is not the case of the respondents that the applicant does not have the skill of typing. Even assuming that her speed was less, she could have been trained by giving her on the job training as prescribed in the DoPT OM dated 03rd April, 2012. He, therefore, submitted that the respondents should be directed to appoint the applicant in any Group 'C' post in the Multi Tasking Staff. Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document 8.3 Learned counsel submitted that the applicant Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 passed Higher Secondary Class Examination certificate in first class with 65% marks in August, 2015 and also acquired Graduation degree from Yashwantrao Chavan Maharashtra Open University, Nashik in the year 2018. This fact has not been disputed by the respondents. Thus, it is not only a minimum qualification but a Graduation degree which is sufficient to appoint in 15 OA No.272/2022 any of the Group 'C' post.
9. Learned counsel for the respondents, on the other hand, supported the action of the respondents on the basis of the pleadings. He submitted that the applicant was called for typing test twice on 07th May, 2024 and 10th July, 2024 but she failed. It has been submitted that key depression test was conducted on 07th May, 2024 in Pune in which the applicant was called to participate. She participated in the said test and her accuracy was found to be 71% and gross speed was found to be 7 w.p.m. The applicant asked for 4 days time to improve her speed and, therefore, test was again taken on 10th July, 2024 in which her gross speed improved to 47 key per minute and accuracy improved to Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document 77%. However, the same was found to be not upto the Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 required accuracy, therefore, she was not selected. 9.1 He submitted that even though there is no acknowledgement of the communication of the rejection of her claim by the respondents, it is clear that she was aware of her rejection and that is why she was pursuing the claim.16 OA No.272/2022
10. I have heard learned counsel for both the sides at length and perused the pleadings and documents filed on record.
11. It is not in dispute that the husband of the applicant died in harness on 06th June, 2010 while working on the post of Sepoy. It is also not in dispute that the applicant had made request for compassionate ground appointment on 30th July, 2010. However, her claim was not considered till 05th June, 2015 when the meeting of the screening committee was held. The respondents have not explained the reasons for delay of 5 years when the scheme of the compassionate appointment provides for the immediate succour to the family when an employee had died in harness. Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document
12. It is also not in dispute that financial Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 position of the applicant is very bad as the inspector of the respondents has reported that the applicant is working as Agricultural labour, she has two school going children and deceased employee's mentally retarded sister is dependent on her. Therefore, the case of the applicant was required to be considered sympathetically on compassionate ground. The 17 OA No.272/2022 respondents have rejected the claim of the applicant only on the ground that the applicant was not having required qualification and that she failed in the typing test. The screening committee rejected her candidature in the meeting of the screening committee held on 05th June, 2015. Thereafter, the applicant made further representation. The applicant was called for the skill test on 07th May, 2024 and 10th July, 2024 for the typing in which her accuracy is claimed to be found below the required key per minute. However, in a private institute, she was found to be successful in the typing test. The respondents have not given any reason as to why the required qualification for the typing test could not be relaxed as provided in para 2 Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document of OM dated 03rd April, 2012 issued by the DoPT which Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 is part of consolidated guidelines on compassionate appointment issued by DoPT OM dated 02nd August, 2022. Since the case of the applicant was being reconsidered in the year 2024, all the educational qualifications of the applicant acquired prior to 2024 is required to be taken into account.18 OA No.272/2022
13. The respondents have placed reliance on the judgment of Hon'ble Supreme Court in the case of State of Haryana and Ors. Vs. Umesh Kumar Nagpal (supra) wherein it was held that no right accrued to the respondents to secure appointment to the post of Excise and Taxation Officer on the compassionate ground. In the said judgment, the Hon'ble Supreme Court has considered the service rules of State of Haryana while the case at hand is to be dealt with the DoPT OMs on the compassionate appointment as the respondent department comes under Ministry of Finance, Government of India.
14. The Lucknow Bench of this Tribunal has considered somewhat similar issue in OA Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document No.332/00317/2021 decided on 29th November, 2024 in the Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 case of Santosh Kumar Vs. Union of India and Others wherein the applicant was only class 8th pass while the Railway Board enhanced the standard for compassionate appointment to 10th standard. The Tribunal, after examining the DoPT OM dated 11th December, 2009 on the subject of review of his scheme of compassionate appointment in the light of the 6th Pay Commission and 19 OA No.272/2022 subsequent Railway Board instructions issued on the compassionate appointment, has held that the relaxation in qualification is available to the widow/wife of the deceased railway employee and relaxation in educational qualification is provided in DoPT OM as well as Railway Board guidelines and the respondents were directed to consider the case of the applicant at the level of General Manager for appointment on compassionate ground. The order of the Tribunal was challenged by the Union of India before the Hon'ble High Court of Allahabad (Lucknow Bench)in Writ Petition No.1977/2025 in the case of Union of India Vs. Santosh Kumar and Ors. The Hon'ble High Court of Allahabad (Lucknow Bench)vide order and judgment dated Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 18th February, 2025 was pleased to dismiss the Writ Petition of the Union of India and upheld the order of the Tribunal by holding as under:
"11. The petitioners contended before the Tribunal that the respondent No.1 is merely a class 8th pass whereas the minimum educational qualification for recruitment to any post is having passed class 10th examination.
12. The Tribunal referred to an Office Memorandum dated 11.12.2009 issued by the Department of the Personnel and Training, Government of India, which states that modification of the then existing scheme for compassionate appointment was considered in light of the 20 OA No.272/2022 recommendations of the 6th Central Pay Commission and it was decided in consultation with the Department of Expenditure that for appointment on compassionate ground, in exceptional circumstances, the government may consider recruiting persons not immediately meeting the minimum educational standards. The government may engage them as trainee, who will be given the regular pay-band and grade-pay only after acquiring the minimum qualification prescribed under the recruitment rules.
13. The learned counsel for the petitioners has submitted that as per the Circular dated 09.12.2011 issued by the Railway Board, only widow/wife of the deceased employee can be given compassionate appointment even if she does not possess the prescribed educational qualification. The minimum educational qualification was enhanced from class 8th to class 10th in the year 2013 and since then the relaxation in the minimum educational qualification has been given only for the widows of railway employees and to no other person.
14. We have considered the aforesaid submissions of the learned counsel for the petitioners.
15. The Office Memorandum dated 11.12.2009 issued by the Department of personal and Training specifically provides that :-
"for appointment on compassionate grounds, in exceptional circumstances Government may consider recruiting persons not immediately meeting the minimum educational Digitally signed by Milan Jackson Alphanso qualification standards. Government may engage them as trainees who will be given the regular pay bands and grade DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 pay only on acquiring the minimum qualification prescribed under the recruitment rules".
16. Master Circular No.16 issued by the Railway Board contained a provision for relaxation of educational qualification which says that :-
"The educational qualification prescribed for the post should not relaxed. However, if on the merits of the individual case, General Manager feels such a relaxation on the minimum qualification absolutely necessary, such cases may be referred to the Ministry of Railways. The Railway Board will consider these cases on merits subject to the stipulation that the candidates shall acquire the requisite qualification within the 21 OA No.272/2022 prescribed time limit. Such cases will carry the following stipulations, in the offer of appointment:-
(i) The period to be allowed for acquiring the qualification will be two years.
(ii) Such a person will not be confirmed in service till he acquired the qualification.
(iii) He will not be eligible for promotion till such time he acquired the qualification.
(iv) If any junior is promoted before the senior compassionate appointee acquires the qualification, such promotion of the junior will be treated as regular.
In other words, the compassionate appointee will lose seniority in the higher grade to such of his juniors as may have been promoted to the next higher grade, before he acquires the prescribed qualification.
(Emphasis added)
17. This provision contained in the Master Circular issued by the Railway Board is applicable to all persons who were dependent on a deceased employee and that is not limited in its application to the widows of the deceased employees.
18. The respondent No.1 was the only child of his parents. His father died on 17.04.2021 and his mother also died on 23.04.2021. The aforesaid facts prima facie make out exceptional circumstances in the case of the petitioner, which ought to have been taken into Digitally signed by Milan Jackson Alphanso consideration while considering his claim for compassionate appointment by granting relaxation of education qualification in view DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 of the aforesaid provisions contained in the Office Memorandum dated 11th December, 2009 issued by the Department of Personal and Training and the Master Circular No.16 issued by the Railway Board.
19. We are of the considered view that the Central Administrative Tribunal has rightly allowed the original application and has directed the petitioners to reconsider the case of the respondent No.1 for compassionate appointment in light of the aforesaid Office Memorandum and the Master Circular."
[Emphasis supplied]
15. In view of the facts and circumstances of the case and similar issue having been decided by 22 OA No.272/2022 Coordinate Bench of this Tribunal (Lucknow Bench) which has been upheld by the Hon'ble High Court of Allahabad (Lucknow Bench), I find merit in the claim of the applicant. The applicant has not only acquired the minimum required qualification of 10th standard but acquired graduate degree. The claim of the applicant cannot be rejected on the ground that her typing accuracy was less than prescribed standard. As discussed herein above, para 2 of the DoPT OM dated 03rd April, 2012 has specifically provided that in case of the appointment of a widow not fulfilling the requirement of educational qualification against the post of Multi Tasking Staff, she will be placed in the minimum Pay Level-1(Rs.18,000/-56,900/-) directly Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document without insisting on fulfilment of educational Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0 qualification norms, provided the appointing authority is satisfied that the duties of the post against which she is being appointed can be performed with the help of some on job training. The applicant has already passed the typing test in a private institute and, therefore, there cannot be any doubt that she can improve her typing accuracy by giving on job training. 23 OA No.272/2022 Moreover, there is no mandatory requirement of typing test, if the appointment is being made to the post of Multi Tasking Staff.
16. In view of the above facts and circumstances of the case, the respondents are directed to reconsider the case of the applicant for appointment on suitable post in view of the DoPT OM No.14014/2/2009-Estt.(D) dated 03rd April, 2012 by relaxing the standard of typing test which can be improved by giving on the job training, if the applicant is being appointed to a post where typing speed is mandatory. The respondents are directed to comply with the above order within a period of two months from the date of receipt of a certified copy of Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Milan Jackson Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document this order.
Location:
Date: 2025.11.19 14:36:15+05'30' Foxit PDF Reader Version: 2024.4.0
17. The Original Application is allowed in terms of above order and direction. Pending MAs, if any, stand closed. No costs.
(Shri Krishna) Member (A) ma.