Central Administrative Tribunal - Lucknow
Deepak Kumar Tiwari vs Post Up Circle on 2 January, 2025
CAT, Lucknow Bench OA No. 332/00491 of 2023 Deepak Kumar Tiwari Vs. U.O.I. & Ors.
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH LUCKNOW
Original Application No.332/00491 of 2023
Order reserved on: 13.12.2024
Order pronounced on: 02.01.2025
Hon'ble Mr. Pankaj Kumar, Member-Administrative
Deepak Kumar Tiwari, aged about 29 years, Son of Late Ravindra Nath
Tiwari, Resident of Village & Post Lakhanpur, Pergana-Bidhar, Tehsil-
Tanda, District-Ambedkar Nagar.
.....Applicant
By Advocate: Shri Lalendra Pratap Singh
VERSUS
1. Union Of India through the Secretary, Ministry of Communication &
Department of Postal Services, Government of India, DakBhawan,
Sansad Marg, New Delhi.
2. Chief Post Master General (C.P.M.G.) Headquarter Region, Lucknow.
3. Assistant Director-I, Post Master General Office (P.M.G.O)
Headquarter Region, Lucknow-226001.
4. Senior Superintendent, Post Office, Faizabad Division, Faizabad
(now Ayodhya).
5. Sub-Divisional Inspector, Dak Bhawan, South, Sub Division
Akbarpur, District-Ambedkar Nagar.
6. Assistant Superintendent, Post Office Akbarpur, West, Sub Division
Akbarpur, District-Ambedkar Nagar.
.....Respondents
By Advocate: Smt. Prayagmati Gupta
ORDER
Per Hon'ble Mr. Pankaj Kumar, Member-Administrative In this case relating to compassionate appointment, the applicant has sought the following reliefs:
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CAT, Lucknow Bench OA No. 332/00491 of 2023 Deepak Kumar Tiwari Vs. U.O.I. & Ors.
"The Hon'ble Tribunal is most respectfully prayed to quash the impugned order dated 13.07.2023 passed by respondent No. 3 whereby the grievance of petitioner with respect to compassionate appointment has been rejected in most illegal and arbitrary manner, in contrary to the circular dated 20.01.2010 issued by the Government of India, Ministry of Communications and I.T. Department of Posts.
This Hon'ble Tribunal may kindly be pleased to further direct to the respondents, more especially respondent nos. 2 and 3 to consider/appoint the applicant on compassionate ground as per his eligibility/qualification under the provisions of dependent of Government Servant Dying in Harness Rules."
2. The facts of the case are that the applicant's father died in harness on 05.11.2017 while working under the respondents on the post of Sub Post Master, leaving behind his wife, two daughters and two sons, including the applicant. The applicant submitted application dated 16.03.2018 for appointment on compassionate ground to the respondents. The applicant's case was not recommended by the Circle Relaxation Committee (CRC, hereafter) and he was informed of the same vide letter dated 06.12.2019. The applicant then approached this Tribunal in OA No. 192 of 2023 whereupon this Tribunal, vide order dated 12.05.2023, directed the respondents to decide the applicant's representation dated 12.11.2019. The respondents rejected the applicant's representation vide their order dated 13.07.2023. Aggrieved, the applicant has preferred this OA.
3. The applicant contends that he is unemployed and was dependent on his father. With the consent of family members, he submitted the application for appointment on compassionate ground, but his case has been rejected by the respondents in contravention to their circulars dated 20.01.2010 as well as 25.03.2014 on the ground that he obtained only 22 merit points whereas the last candidate given appointment on compassionate ground obtained 39 merit points. The respondents have not taken into consideration the applicant's income certificate issued by Tehsildar and also the valuation of immovable Page 2 of 6 CAT, Lucknow Bench OA No. 332/00491 of 2023 Deepak Kumar Tiwari Vs. U.O.I. & Ors. property by revenue authority. On the other hand, family pension has been taken into consideration which is contrary to the circular dated 25.03.2014.
4. The respondents state that gratuity of Rs. 7,51,700/-, GPF of Rs. 5,94,491/- and Leave Encashment of Rs. 3,88,500/- have been paid to the applicant's family and family pension @ Rs. 19,425/- per month is being paid. The applicant's case was considered by CRC in its meeting held on 31.10.2019 and 01.11.2019 but was not recommended due to low merit points.
5. Heard both the parties.
6.1 Consolidated guidelines on scheme for compassionate appointments have been brought out by the Government of India. The object of the scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the Government servant concerned from financial destitution and to help it get over the emergency [paragraph 1 of DOPT O.M. No. 14014/6/94- Estt. (D) dated 09.10.1998].
6.2 The respondents, vide their letter dated 20.01.2010, have devised a system of allocation of points to various attributes: (a) family pension (maximum points 20); (b) terminal benefits (10); (c) monthly income of earning members and income from property (5); (d) moveable/immovable property (10); (e) number of dependents (15); (f) number of unmarried daughters (15); (g) number of minor children (15); (h) left over service (10); and additional points (as grace points) if widow is an applicant (15). The applicant was allocated only 22 merit points as compared to 39 points obtained by the last candidate recommended by CRC. Page 3 of 6 CAT, Lucknow Bench OA No. 332/00491 of 2023 Deepak Kumar Tiwari Vs. U.O.I. & Ors. 6.3 One of the applicant's contentions is that the family pension has been taken into account which is not permissible as per the circular dated 25.03.2014. On perusal of the letter dated 25.03.2014, it is noted that sub-paragraph (iv) therein mentions: "The family pension is considered separately as per column provided in the check list so it should not be included in the column of income". This provision is in conformity with the system of allocation of points enumerated in the respondents' letter dated 20.01.2010 where family pension is shown separately in item (a) and it cannot be held to mean that family pension should not be taken into account. Whether a family is in penurious condition or not can only be determined with reference to all relevant resources available to the family of the deceased employee, including the family pension, and the circumstances of the family for which the respondents have framed guidelines vide their letter dated 20.01.2010 further elucidated vide letter dated 25.03.2014.
6.4 The applicant's other contention is that his income certificate and valuation of immovable property by revenue authority have not been taken into account. No supporting evidence has been produced by the applicant to support this contention. Assuming that the applicant's contention is correct for the sake of argument, he would have got at most 5 points for income (item c) and 10 points for property (item d) as per the guidelines dated 20.01.2010. With these 15 additional points, the applicant would have obtained 37 points, less than 39 points obtained by the last candidate recommended for appointment on compassionate ground. Consequently, no merit is found in this contention as well. 6.5.1 During the hearing several judgments were cited in support by learned counsel for the applicant.
6.5.2 In Special Appeal Defective No. 73 of 2016 in Jamal Ahmad Khan vs State of UP & 3 Ors, Hon'ble High Court allowed the appeal Page 4 of 6 CAT, Lucknow Bench OA No. 332/00491 of 2023 Deepak Kumar Tiwari Vs. U.O.I. & Ors. holding that the order of the competent authority was clearly a non- speaking order as no specific reason was adduced in the order of the Chief Medical Superintendent as to why the appellant did not fulfill the requirements of the Rules of 1974. This is not the case here as the respondents have passed the speaking order dated 13.07.2023 in compliance with this Tribunal's order dated 12.05.2023 in OA No. 192 of 2023.
6.5.3 In Writ-A No. 14123 of 2021 Shobhit Saxena vs State of UP & 2 Ors, Hon'ble High Court held that the rejection of petitioner's claim for grant of compassionate ground only on the ground that his mother was earlier employed and has since retired cannot be a ground for denying compassionate appointment to the petitioner. In the case at hand, there is nothing on record to indicate that the applicant's mother was in Government service.
6.5.4 In Writ-A No. 8787 of 2024 Pramod Kumar vs State of UP & 2 Ors, Hon'ble High Court opined that the order passed by the Chief Medical Officer, Moradabad on the ground alone that since the petitioner's father was in Government service and is in receipt of pension, his case cannot be considered for compassionate is patently flawed. In that case, the mother and father of the applicant were both in Government service and at the time of death of the mother, the father was a pensioner. The facts and circumstances of the instant case are different from the case cited by the applicant.
6.5.5 In Writ-A No. 13350 of 2024 Kumari Farha Naseem vs State of UP & 2 Ors, Hon'ble High Court found that the rejection of petitioner's claim for compassionate appointment on the grounds that (1) the sisters of the petitioners were working as Assistant Teacher but their marital status was not on record, and (2) petitioner's father was retired employee and getting pension hence petitioner had no financial stress, Page 5 of 6 CAT, Lucknow Bench OA No. 332/00491 of 2023 Deepak Kumar Tiwari Vs. U.O.I. & Ors. was unsustainable in the eyes of law. Again, it is observed that the facts and circumstances of the applicant's case are different from the case cited.
6.6 In conclusion, no case has been made out by the applicant for violation of the guidelines dated 20.01.2010 and dated 25.03.2014 issued by the respondents in considering his case for appointment on compassionate ground.
7.1 In view of the above, the applicant is not entitled to the relief prayer for. This OA is dismissed, accordingly.
7.2 Pending MAs, if any, are also disposed of.
7.3 The Parties shall bear their own costs.
(Pankaj Kumar) Member (A) Vidya Ben Digitally signed by Vidya Ben Waghela Waghela Date: 2025.01.02 16:19:14 +05'30' Page 6 of 6