Central Administrative Tribunal - Kolkata
Sima Chakraborty vs Forest on 13 September, 2022
1 .O.A. No. 350/1478/2021 | CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA 2. % VORA Coram: Hon'ble Mr. Jayesh V. Bhairavia, Judicial Member 4. SMT. SIMA CHAKRABORTY, aged about 56 years, wife of Late Tarak Nath Chakraborty, who was died in harness before retirement on 48.12.2007 while he working to the post of DMO in the Forest Survey of India, Eastern Zone, 1B-198, Sector-lil, Sait Lake City, Kolkata-700106 under the Ministry of Environment, Forest Climate Change, Indira Paryavaran Bhavan, 5th floor, Prithvi Block, Jor Bagh Road, Ali Ganj, New Delhi- 410003 and residing at 5/236, Gandhi Colony, Tollygunj, Kolkata- 700092; 2 SHRI ARUNABHA CHAKRABORTY son of Late Tarak Nath Chakraborty and Smt. Sima Chakraborty, aged about 36 years residing at 5/236, Gandhi Colony, Tollygunj, Kolkata 700092; beseeeeee Applicants -Versus- 4. UNION OF INDIA service through the Secretary, Ministry of Environment, Forest & Climate Change, Government of India, Indira Paryavaran Bhavan, 5th floor, Prithvi Block, Jor Bagh Road, Ali Ganj, New Delhi- 110003; 2. THE UNDER-SECRETARY, Ministry of Environment, Forest & Climate Change, Government of India, Indira Paryavaran Bhavan, 5th floor,. Prithvi Block, Jor Bagh Road, Ali Ganj, New Delhi- 410003. 3. THE REGIONAL DIRECTOR, Forest Survey of India, Eastern Zone, IB-198, Sector-lil, Salt Lake City, Kolkata 700106. 4. THE JOINT DIRECTOR (P&A), Forest Survey of India, P.O. IPE, Kaulagarh Road, Dehradun- 248195. 5. THE DIRECTOR GENERAL, Forest Survey of India, P.O. IPE, Kaulagarh Road, Dehradun- 248195. _.a..Respondents For The Applicant(s): Mr. P. C. Das, Ms. T. Maity; Counsels For The Respondent(s): Mr. B. B. Chatterjee, Counsel ipl = O.A. No. 350/1478/2021 Shay 1 LEAS ws wees, Date of Order: 13.09.2022 pope oe am niey cninsiodimeiats tabi tl anu ta asasaiesed: som: eee 7 "é, be 2 * QA. No. 350/1478/2021 ORDER(ORALD Per:Mr.Jayesh V. Bhairavia, Member (J)
Heard Ld. Counsels for both sides.
2. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and, as no complicated question of law is involved, this matter is taken up for disposal, at the admission stage, with the consent of both the parties.
3. The applicants have filed this O.A. under Section 19 of the Administrative Tribunals' Act, 1985, seeking the following relief:
a) "Leave may be granted to the applicants to file this application jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987;
b) To pass an appropriate order directing upon the respondent authority to provide a job on compassionate ground in favour of the Applicant No. 2 on urgent basis to save to tremendous financial crisis of the family of the deceased employee who are getting a meagre amount of pension by which they are not in a position to save the present financial crisis and if such job on compassionate ground is granted in favour of the applicant No. 2 the family of the deceased employee will not be surfaced from the financial tremendous crisis;
c) In the impugned office letter dated 10th January, 2019 without any document and evidence communicated to the applicants that they will consider the case of the applicant No. 2 for compassionate appointment when his turn will come whereas by the Ministry of Environment, Forest and Climate Change, a large number of candidates were granted compassionate appointment in the office of ZS! and BSI and also in various offices of Forest Survey of India but in respect of the present applicants' case, the present department is dishonouring the decision taken by the Ministry of Environment, Forest and Climate Change to complete the pending case of compassionate appointment by not granting the same in favour of the applicant No. 2 which is clear VX c 3 O.A. No. 350/1478/2021 violation of Article 14 and 16 of the Constitution of India by modifying the office letter dated .
10.01.2019 a mandatory order be issued upon the respondent department to take a positive steps in case of the present applicants so that the applicant No. 2 can be appointed on compassionate ground for any post within a very short period of time to save the financial condition of the family of the deceased | employee. -
d) To declare that due to tremendous financial crisis under compelling circumstances since the applicant No. 1 redressed her grievances before the appropriate authority and the appropriate authority failed to consider such grievances with a reason which is not sustainable in the eye of law and the applicant No. 2 is very much entitled for compassionate appointment as - because his case was not considered by the respondents in a positive manner and there is no such report as disclosed by the respondent authority in this respect."
4. In the instant O.A., it is submitted that the applicant's grievance with regard to non-grant of appointment on compassionate grounds has been placed before the competent authority. Subsequently, vide letter dated 10.01.2019 (at Annexure A/ 8), the Joint Director (P&A), Forest Survey of India, Dehradun informed the mother of the applicant that the application of her son is at Sl. No. 21 in the waiting list of compassionate . appointment maintained in the respondents' organization. Further, it is stated therein that, as per the O.M. dated 16.01.2013, appointment on compassionate grounds can be made up to a -- 'maximum of 5% of the vacancies falling under Direct Recruitment quota in any of the Group 'C' post, and, that 20 candidates are already in the waiting list above the name of the applicant herein and hence, his case will be considered for appointment to a suitable post in his turn as per the waiting list, as also against it 4 OA. No, 350/1478/2021 availability of vacancies under the 5% quota designated for compassionate appointment.
4.10 The 'applicant had thereafter submitted his representation dated 13.04.2021 requesting the competent authority to consider his claim since he has not received any communication regarding consideration of his candidature for compassionate appointment after 2019, teed a. At hearing, Ld. Counsel for the applicant would submit that the applicant will be fairly satisfied if appropriate direction is issued to the respondents to consider the claim of the applicant in accordance with the policy in vogue for appointment on compassionate ground, and, to decide his pending representation expeditiously.
6 On the other hand, Ld. Counsel for the respondents Mr, B. B. Chatterjee would submit that the respondents have considered the case of the applicant for appointment on compassionate grounds by operating the waiting list, as also upon availability of vacancies since only 5% quota is available for appointments on compassionate grounds. Ld. Counsel would submit that the case of the applicant shall be considered in accordance with the terms of the policy and as per his position in the waiting list, %. Considering the aforesaid submissions, I deem it ft to dispose of this O.A., at admission stage, with a direction to the - respondents to consider the claim of the applicant for grant of | compassionate appointment as per his position in the waiting list 5 O.A. No. 350/1478/2021 in the next CAC, as and when the same is convened, and intimate their decision thereon to the applicant.
It is made clear that this Tribunal has not entered into the merits of the matter, and, therefore, all points of law are kept open for consideration.
8. With the above directions, this O.A. stands disposed of. No costs. . a so | yi _ Gayesh V. Bhairavia) Member (J)