Central Administrative Tribunal - Lucknow
Deepak Nath vs Union Of India on 28 April, 2023
Page 1 of 5
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH
LUCKNOW
Original Application No. 332/00172/2019
This the 28th day of April, 2023
Hon'ble Mr. Justice Anil Kumar Ojha, Member-J
Deepak Nath, aged about 34 years, Son of Late Ram Pravesh
Prasad, Resident of 65-B, Atal Road Saudagar Mohal Sadar Cantt.
Lucknow.
........Applicants.
By Advocate: Shri Rohit Kanojia holding brief for Shri Prashant
Agrawal.
Versus.
1. Union of India & Others through its Secretary, Ministry of
Defence Government of India, South Block, New Delhi-
110011.
2. Director General, Defence Estates, Ministry of Defence,
Directorate General Defence Estate, Raksha Sampada
Bhawan, Ulaanbatar Marg, Delhi Cantt-110010.
3. Principal Director, Defence Estates, Central Command,
17- Carriapa Road, Lucknow Cantt-226002.
4. Defence Estates Officer, Lucknow Circle, Lucknow-
226002.
.....Respondents.
By Advocate: Smt.Prayagmati Gupta.
O R D E R (ORAL)
Heard, learned counsel for the applicant, learned counsel for the respondents and perused the records.
2. Challenge in this OA is the order dated 11.06.2018 (Annexure 1 to this OA) whereby, the claim of the applicant for compassionate appointment has been rejected by the respondents/competent Page 2 of 5 authority, with further prayer to issue directions to respondents to consider the claim of the applicant for the post of Group C i.e. Upper Division Clerk in the light of OM dated 11.12.2009 issued by the DOPT without any further delay.
3. Tersely put the case of the applicant is that father of the applicant Late Ram Pravesh Prasad was working on the post of chowkidar in the office of Respondent no.4. He died in harness on 18.12.2015, leaving behind the applicant as only unmarried son for taking care of the entire family except those legal heirs, who have been separately living and maintaining their families elsewhere. After the death of his father applicant is the sole bread earner of his family. The claim of the applicant for compassionate appointment was rejected by the respondents/competent authority on the grounds that;
(i). There is no vacancy for appointment on the post of MTS.
(ii). Applicant lacks the requisite qualification for appointment on immediate higher post i.e. UDC as the applicant is only Intermediate pass.
(iii). The brothers of the applicant are well to do. The applicant is fourth son, who is daily wage earner and widow of the deceased i.e. mother of the applicant is getting monthly family pension as such family is not in penury condition.
4. Hence this OA.
5. Per contra, respondents by filling their Counter Reply, inter alia, stated that father of the applicant Late Ram Pravesh Prasad was initially appointed as Group IVth employee and posted as chowkidar in the office of Defence Estate, Lucknow. He died on 08.12.2015, leaving behind his wife and four sons. The applicant is reportedly working as daily wage earner and out of four sons, three sons of the deceased are in gainful employment. Mother of the applicant is getting family pension, so the applicant is not in penury condition, hence, applicant is not entitled for compassionate appointment. The OA deserves to be dismissed.
Page 3 of 56. Submission of the learned counsel for the applicant is that the case of the applicant for compassionate appointment has been arbitrarily rejected by the respondents. Further submitted that in the light of OM dated 11.12.2009, the case of the applicant should have been considered for the post of UDC despite not having requisite qualification. Further submitted that three elder brothers of the applicant are living separately and they are maintaining their families and they do not support the applicant. Applicant is the sole bread earner of the family including mother.
7. Per contra, learned counsel for the respondents vehemently opposed contentions and submitted that applicant's case has been rightly rejected by the competent authority. Three elder brothers of the applicant are employed and mother is getting monthly family pension, so it cannot be said that applicant is without any means of livelihood.
8. The OM dated11th December, 2009 runs as follows:-
" F.No.14014/2/2009-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training New Delhi, dated the 11 December, 2009 OFFICE MEMORANDUM Subject: Review of Scheme for Compassionate Appointment in the light of the 6th Pay Commission recommendations.
The modification of the existing Scheme for Compassionate Appointment has been considered in the light of the recommendation of the 6th CPC as contained in para 2.2.9 and 2.2.10 of its Report. Accordingly, in partial modification of the Scheme for Compassionate Appointment issued by this Department vide O.M.No.14014/6/94-Estt. (D) dated 9th October, 1998, as amended from time to time, it has been decided in consultation with the Department of Expenditure that for appointment on compassionate grounds, in exceptional circumstances Government may consider recruiting persons not Page 4 of 5 immediately meeting the minimum educational standards. Government may engage them as trainees who will be given the regular pay bands and grade pay only on acquiring the minimum qualification prescribed under the recruitment rules. The emoluments of these trainees, during the period of their training and before they are absorbed in the Government as employees, will be governed by the minimum of the - 1S pay band of Rs. 4440-7440 without any grade pay. In addition, they will be granted all applicable Allowances, like Dearness Allowances, House Rent Allowance and Transport Allowance at the admissible rates. The same shall be calculated on the minimum of - 1S pay band without any grade pay. The period spent in the -1S pay band by the future recruits will not be counted as service for any purpose as their regular service will start only after they are placed in the pay band PB-1 of Rs.5200-20200 along with grade pay of Rs.1800.
2. The above decision may be brought to the notice of all concerned for information, guidance and necessary action.
3. Hindi version will follow.
(Alok Ranjan) Director(E.I) To, All Ministries/Departments of the Government of India."
9. The perusal of the aforesaid OM reveals that for appointment on compassionate ground in exceptional circumstances Government may consider not immediately meeting the minimum educational standard, government may engage them as trainees to be give pay band and grade pay and on acquiring the minimum educational standard prescribed under the recruitment rules.
10. Perusal of the impugned order discloses that this OM has not been considered while rejecting the claim of the applicant for compassionate appointment.
11. Considering the entire facts and circumstances of the case, it would be appropriate to direct the respondents to consider the case of the applicant in the light of the above OM or for the post of MTS on compassionate ground under dying in harness scheme on account of the death of the father of the applicant.
Page 5 of 512. In view of the above, the impugned order dated 11.06.2018 (Annexure 1 to the OA) whereby the claim of the applicant for compassionate appointment has been rejected is quashed.
13. Respondent/competent authority is directed to consider the claim of the applicant in the light of OM dated 11th December, 2009 or on the post of MTS within a period of three months from the date of receipt of certified copy of this order as per rules.
14. The OA is disposed of accordingly.
15. Miscellaneous application(s) pending, if any, also stand disposed of.
16. There shall be no order as to costs.
(Justice Anil Kumar Ojha) Member (J) Ak/-