Central Administrative Tribunal - Jabalpur
Smt. Rajkumari Kodwani @ Jethani Aged 33 ... vs Bharat Sanchar Nigam Limited on 24 September, 2015
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00129/2015
Jabalpur, this Thursday, the 24th day of September, 2015
SHRI G.P.SINGHAL, ADMINISTRATIVE MEMBER
Smt. Rajkumari Kodwani @ Jethani aged 33 years,
Unemployed W/o Shri Vinay Jethani,
R/o: Bunglow Line, Madhav Nagar, Katni (M.P.)-483501 -Applicant
(By Advocate Shri Manhar Dixit)
V e r s u s
Bharat Sanchar Nigam Limited
Through its General Manager,
Telecom District, Jabalpur C.T.O. Compound,
Jabalpur (M.P.)-487001 - Respondent
(By Advocate Shri P.K.Mishra)
(Date of reserving the order: 22.9.2015)
O R D E R
By filing this Original Application, the applicant, who is married daughter of deceased-employee, has prayed for setting aside of order dated 25.7.2014 {Annexure A-3 sic (A-6)} by holding the policy of the respondents to its effect as violative of Articles 14, 15 & 16 of the Constitution. Vide order dated 25.7.2014 the applicant has been communicated that since married daughters are not eligible for compassionate appointment as they are not treated as members of the family, her application for appointment on compassionate grounds cannot be considered. She has also sought for direction to the respondents to grant her compassionate appointment.
2. The case of the applicant is she is married daughter of late Tahal Ram Kodwani, who was working under the respondent on the post of Watchman and died in harness on 30.10.2008. The deceased employee was succeeded by his widow and four children. The widow of deceased employee is handicapped and is dependent on the applicant. Two sons of deceased employee are residing separately, and both the daughters of deceased employee are married and one is residing separately whereas the applicant claims that she is residing with her handicapped mother. The applicant submits that she does not have any source of livelihood and by not being appointed on compassionate ground she is unable to serve and nurse her handicapped mother. The learned counsel for the applicant relies on a decision of Honble Kolkata High Court in the matters of Purnima Das Vs. The State of West Bengal and others, Writ Petition No.33967 (W) of 2013 decided on 19.3.2014 wherein the Chief Secretary, Government of West Bengal was directed to issue appropriate notification so that married daughters can also be considered eligible to apply as dependent of a deceased employee.
3. On the other hand the learned counsel for the respondents submits that the respondents have already disbursed all the retiral dues to the widow of the deceased-employee and she is receiving family pension. The definition of family member does not cover a married daughter therefore the applicant is not entitled to be considered for compassionate appointment. The learned counsel has placed reliance on the decision of Honble High Court of Madhya Pradesh in the maters of Nirmal Vs. Punjab National Bank, 2014 (3) MPLJ 709 wherein it has been held that court should not normally interfere with decision of competent authority in regard to fact as to whether the deceased employee left his family in penury and without any means of livelihood.
4. Heard the learned counsel of both sides and carefully perused the pleadings of the respective parties and the documents annexed therewith.
5. The applicant herself, in her application, has stated that her two brothers are residing separately and both the daughters of the deceased employee are married. Therefore, it appears that as such there is no dependent member of the deceased employee for whom compassionate appointment is being sought. The widow is already getting family pension. The employee died in the year 2008 and by now about six years have already elapsed. The Honble Supreme Court in the matters of State Bank of India and another Vs. Raj Kumar, (2011) 1 SCC (L&S) 150: (2010) 11 SCC 661 has reiterated that compassionate appointment is not a source of recruitment but it is an exception to general rule that recruitment to public services should be on basis of merit by open invitation providing all opportunities to all eligible persons to participate in selection process. Relevant paragraph of the said judgment read thus:
8. It is now well settled that appointment on compassionate grounds is not a source of recruitment. On the other hand it is an exception to the general rule that recruitment to public services should be on the basis of merit, by an open invitation providing equal opportunity to all eligible persons to participate in the selection process. The dependents of employees, who die in harness, do not have any special claim or right to employment, except by way of the concession that may be extended by the employer under the rules or by a separate scheme, to enable the family of the deceased to get over the sudden financial crisis......
6. Therefore, keeping in view the aforementioned facts of the instant case and the settled law on the subject, the reliance placed by the learned counsel for the applicant on the decision of Honble High Court of Kolkata in the matters of Purnima Das (supra), cannot strengthen her case for grant of compassionate appointment.
7. Thus, taking into account all pros and cons of the matter, I am of the considered view that the relief sought for by the applicant in the instant Original Application cannot be granted.
8. In the result the Original Application is dismissed, however, without any order as to costs.
(G.P.Singhal)
Administrative Member
rkv
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Sub: compassionate appointment OA No.200/00129/2015
/00129/
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