Central Administrative Tribunal - Lucknow
Km Ruchi Ojha vs Post Up Circle on 1 March, 2024
CAT,Lucknow Bench OA No. 332/00198 of 2022 Km. Ruchi Ojha Vs. U.O.I. &Ors
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH LUCKNOW
Original Application No. 00198 of 2022
Order reserved on: 08.02.2024
Order pronounced on: 01.03.2024
Hon'ble Mr. Pankaj Kumar, Member-Administrative
Km. Ruchi Ojha, aged about 27 years, daughter of Kamta Prasad Ojha,
resident of Safdalbhari, Post-Gohanna Kanoongo, Tehsil Milkipur, Police
Station Inayat Nagar, District Ayodhya.
.....Applicant
By Advocate: Shri Shesh Mani Shukla
VERSUS
1. Union of India through its Chief Post Master General,
Uttar Pradesh Parimandal,
Lucknow.
2. Assistant Director,
Recruitment,
Indian Post Department,
Parimandal, Lucknow.
3. Senior Superintendent of Post,
Ayodhya Region,
Ayodhya.
4. Superintendent of Post,
Ayodhya.
.....Respondents
By Advocate: Smt.Prayagmati Gupta
ORDER
Per Hon'bleMr.Pankaj Kumar, Member-Administrative In this case relating to appointment on compassionate ground, the applicant has sought the following reliefs:
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CAT,Lucknow Bench OA No. 332/00198 of 2022 Km. Ruchi Ojha Vs. U.O.I. &Ors "(i) That the Hon'ble Tribunal may kindly be pleased to set-aside the order dated 04.08.2015, passed by the opposite party No.3, contained as Annexure No. 1 to this Original Application.
(ii) That the Hon'ble Tribunal may kindly be pleased to direct the concerned opposite parties to provide suitable appointment under Dying-in-
Harness Rules, to the applicant.
(iii) Any other relief deemed just and proper of the case may be allowed in favour of applicant.
(iv) Allow the cost of the case in favour of the applicant against the opposite parties."
2. The facts of the case are that the father of the applicant, working as Assistant Postmaster under the respondents, died in harness on 10.04.2014 leaving behind his wife and three daughters, including the applicant. The applicant applied to the respondents for appointment on compassionate ground. Her case was considered by the Circle Relaxation Committee (CRC) and not recommended. Aggrieved, the applicant has preferred this OA.
3. It is the contention of the applicant that she was allocated 63 points in the summary proforma issued on 15.10.2014 by the respondents (Annexures 15 & 16 to the OA). However, her case was not recommended for appointment on compassionate ground by CRC on the ground of limited number of vacancies and only 54 points secured by the applicant, as communicated to her vide the impugned letter dated 04.08.2015. Aggrieved, the applicant has preferred this OA.
4. The respondents state that the case of the applicant was considered by CRC in its meeting held on 16-17.07.2015 and thoroughly examined taking into account the standards prescribed for appointment on compassionate ground such as family pension, retirement benefits, number of dependents, movable and immovable property, children's education, number of unmarried daughters of the deceased and residual service period. However due to limited vacancies available, CRC could not recommend the applicant as she had only 54 merit points whereas the last selected candidate had 64 points. It is further mentioned that the points Page 2 of 4 CAT,Lucknow Bench OA No. 332/00198 of 2022 Km. Ruchi Ojha Vs. U.O.I. &Ors admissible were calculated by respondent 3 which were re-examined by the committee members and assessed to be 54. As such the applicant is not entitled to any relief.
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 [Para 1 of DOPT O.M. No. 14014/6/94-Estt. (D) dated 09.10.1998]. Further, prescribing time limit for considering applications for compassionate appointment has been reviewed vide O.M No.14014/3/2011Estt.(D) dated 26.07.2012 of Department of Personnel & Training (DoPT) in view of the Hon'ble High Court Allahabad judgment dated 07.05.2010 in Civil Misc. Writ Petition No. 13102 of 2010. Subject to availability of a vacancy and instructions on the subject issued by DoPT from time to time, any application for compassionate appointment is to be considered without any time limit and decision taken on merit in each case. Paragraphs 3 & 4 of OM dated 26.07.2012 are extracted below:
"3. Subsequently vide this Department's O.M. No. 14014/19/2002- Estt (D) dated 5th May, 2003 a time limit of three years was prescribed for considering cases of compassionate appointment. Keeping in view the Hon'ble High Court Allahabad judgment dated 07.05.2010 in Civil Misc. Writ Petition No. 13102 of 2010, the issue has been re-examined in consultation with Ministry of Law. It has been decided to withdraw the instructions contained in the O.M. dated 05.05.2003.
4. The cases of compassionate appointment may be regulated in terms of instructions issued vide O.M. dated 09.10.1998 as amended from time to time. The onus of examining the penurious condition of the dependent family will rest with the authority making compassionate appointment."
(emphasis supplied) Page 3 of 4 CAT,Lucknow Bench OA No. 332/00198 of 2022 Km. Ruchi Ojha Vs. U.O.I. &Ors 6.3 It is further observed that the condition of deceased employee's family may undergo change with time. The field comprising candidates applying for consideration for compassionate appointment against available vacancies may also change over time. The vacancies available each year may vary. These factors may diminish or improve the prospects of a candidate for compassionate appointment.
7.1 In view of the facts and circumstances above, this OA is disposed of with the direction, without making any observation on the merit of the case, that the applicant shall make a fresh representation to the respondents for appointment on compassionate ground within two weeks of the receipt of certified copy of this order and the respondents shall consider the case of the applicant afresh on merit by placing it before the CRC and decide the case by way of a reasoned and speaking order within a period of three months from the date of receipt of such representation from the applicant.
7.2 Pending MAs, if any, are also disposed of.
7.2 The Parties shall bear their own costs.
(Pankaj Kumar) Member (A) vidya Page 4 of 4