Central Administrative Tribunal - Ernakulam
Nagaraja Sekharan Nair P.V vs Union Of India Represented By on 6 March, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 737 OF 2011
Tuesday , this the 06th day of March, 2012
CORAM:
HON'BLE Mrs.K.NOORJEHAN, ADMINISTRATIVE MEMBER
Nagaraja Sekharan Nair P.V
Chandrasekhara Nivas
Kalivilakom, Vettinadu
Vattapara P.O
Thiruvananthapuram - Applicant
(By Advocate - Mr.Vishnu S Chempazhanthiyil)
Versus
1. Union of India represented by
The Chief Postmaster General
Kerala Circle,
Thiruvananthapuram - 695 033
2. The Senior Superintendent
RMS TV Division,
Thiruvananthapuram - 695 033 - Respondents
(By Advocate Mr.Sunil Jacob Jose, SCGSC)
The application having been heard on 29.02.2012, the Tribunal on
06.03.2012 delivered the following:
O R D E R
1. The applicant is aggrieved by the impugned order, Annexure A-5 turning down his request for consideration for the post of group D on the ground that he did not fulfill the minimum educational qualifications.
2. The applicant is the youngest son of Shri Velayudhan Nair, SA who died in harness while in the service of the respondents on 04.10.2006. Ex-employee was the sole earning member in the family which consists of applicant's mother and two unemployed elder brothers. The sudden demise of the applicant's father plunged the family in a penurious condition since the only source of livelihood was lost. Therefore, the applicant, with the consent of other members of his family, submitted his request on 23.11.2006 to the respondents seeking a job under the Compassionate Ground Appointment Scheme (Annexure A-1). As there was no response from the respondents, he filed O.A 1084/10. That Original Application was disposed of on 20.12.2010 directing the Chief Postmaster General to consider his representation within two months. According to the applicant, the Circle Relaxation Committee met during January 2011 and he produced Annexure A-6 in support of his stand. Therefore, he claims that non-consideration of his request is illegal and arbitrary. He avers that he is entitled for the vacancies which arose between 2006 and December 2010 as the minimum educational qualification as per pre-revised Recruitment Rules is 8th Standard. Only on 20.12.2010, the revised Recruitment Rules were promulgated as per the recommendations of the 6th CPC, whereby the minimum qualification for the multiskilled staffs was enhanced to matriculation. The applicant states that the annual income of the family is Rs.10200/- (Annexure A-7), which is too meagre for them to survive.
3. According to the applicant the land along with the house built thereon, of the family, is pledged to ICICI Bank with an EMI of Rs.3890/-. As the family is not in a position to make monthly payments, the bank has issued the possession notice vide Annexure A-8. There is one more outstanding loan from Palode Service Co-operative Bank for Rs.1,10,000/-. The pensionary benefits received by the family hardly covered the outstanding loans. Therefore, the family is in total penurious condition and the applicant is in dire need of employment assistance. Hence he prays for a direction to the respondents to consider him for appointment under the Compassionate Ground Appointment Scheme.
4. The respondents filed reply statement and submitted that there were no Group D vacancies under the 5% direct recruitment quota from 2006 onwards. Therefore, no meeting could be held. In compliance of the order from this Tribunal in O.A 312/08 and connected cases, the appointment in Group D cadre from GDS was treated as promotion and not direct recruitment as per the recruitment rules 2002. Accordingly, for the period from 2002-09 the respondents filled up 377 posts treating the same as promotion. As there was no direct recruitment involved, 5% of vacancies could not be ear marked for compassionate ground appointment under the direct recruitment quota, in accordance with para 7(b) of O.M No.14014/18/2000-Estt(D) dated 22.06.200. It was submitted that the Recruitment Rules are since amended and notified on 20.12.2010, according to which, the minimum educational qualification required for the direct recruits as Multi Tasking Staff is matriculation or equivalent or ITI from recognized Boards.
5. On the financial status of the applicant's family, the respondents have submitted that the family had received Rs.3,45,268/- as terminal benefits and family pension of Rs.3900/- + Dearness Relief is being paid to the widow. The family owns land and has their own house and that there is no liability such as marriage of daughters, education of minor children etc.
6. They further added that the Relaxation Committee meeting can take place only when a vacancy is available for filling up within an year in accordance with O.M No.14014/18/2000-Estt(D) dated 22.06.2001.
7. The applicant has filed a rejoinder and averred that the 6th Central Pay Commission in para 2.2.10 had recommended certain relaxation in educational qualifications in exceptional circumstances like the compassionate cases. He filed M.A 185/12 and produced Annexure A-11 which is the O.M issued by the DOPT based on the recommendations of the 6th CPC. The relevant portion of the O.M is reproduced here under:-
" Sub: Review of Scheme for Compassionate Appointment in the light of the 6th Pay Commission recommendations xxxxxxxxxxxxxxxx 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 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. "
8. Besides the applicant has filed M.A 41/12 with a prayer to direct the respondents to continue to engage him for contingency work in RMS TV Division or in MMS Unit Tvm.
9. Heard the counsel for the parties and perused the documents.
10. The applicant avers that in the Circle Relaxation Committee Meeting held in Jan 2011 his case was not considered. A perusal of Annexure A-6 - Minutes of the Meeting shows that only 20 requests for TA/SA posts and 26 for Postman/Mail Guard posts were considered. Therefore, it is clear that there was no Group D vacancy ear-marked under the direct recruitment quota. Therefore, I accept the plea of the respondents that no group D vacancy was available for the period from 2002-2010 for direct recruitment and 377 vacancies were filled up on promotion basis. However, in view of the DOPT O.M dated 11/12/2009 the respondents are bound to consider the case of the applicant as an exceptional one even though he does not meet the minimum prescribed qualification of matriculation. The applicant has produced enough proof to show that his family is in very penurious condition. The applicant's father was ailing for long and had undergone treatment in Trivandrum Medical College before his demise. The family's land and the house thereon is pledged to ICICI Bank for an amount of Rs.3,62,145/- along with interest. Annexure A-10 shows that from the DCRG payable to the applicant's father, an amount of Rs.83,644/- was recovered towards outstanding loans from Postal, Telecom, BSNL Employee's Co-operative Society.
11. In view of the above, there is no doubt that the family is heavily indebted. One of his elder brothers is stated to be working in a private company as unskilled labourer. In my opinion the applicant needs some assistance from the Department. In M.A 31/12 he avers that he was working as a casual driver in MMS and contingent staff in RMS TV Division. Such engagement is now stopped after he filed this O.A. The respondents have stated in the reply statement that he is engaged as a contingency staff in Trivandrum RMS TV Division/MMS Unit Trivandrum on sympathetic consideration and thereby, he is earning his livelihood. It is not known under what circumstances, his engagement was terminated.
12. In view of the observation in para 7 supra, the third respondent is directed to consider him for any vacancy in Multi Tasking Staff when the Relaxation Committee meets next time on relative merit. In the meanwhile, the second respondent is directed to provide him any contingency work as was done till the recent past, within a timeline of four weeks. The Original Application is disposed of with the above direction. No costs.
(Dated, this the 06th day of March, 2012) (K NOORJEHAN) ADMINISTRATIVE MEMBER sv