Central Administrative Tribunal - Lucknow
Rajat Tiwari vs Ordnance Factory on 18 March, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH, LUCKNOW
Original Application No. 332/00286/2022
This the 18th day of March, 2024
Hon'ble Mr. Justice Anil Kumar Ojha, Member-J
Rajat Tiwari aged about 32 years, S/o Late Sri Narendra Kumar Tiwari,
Resident of Village- Chandradeep, Post- Gosaiganj, District- Ayodhya.
.....Applicant.
By Advocate: Shri Ram Sewak Chaurasiya.
VERSUS.
1. Union of India, through its Secretary, Ministry of Defence, South Block,
New Delhi.
2. Head Quarter, Advance Weapons and Equipment India Limited, Kanpur,
through its Director, Ordinance Factory, Kalpi Road, Kanpur-208009
(U.P.).
3. Ordinance Factory Project Korwa, District- Amethi through its General
Manager.
4. Assistant Work Manager Orginace Factory, Korwa, District Amethi, U.P.
...... Respondents.
By Advocate: Ms. Prayagmati Gupta.
O R D E R (ORAL)
Per Hon'ble Mr. Justice Anil Kumar Ojha, Member-J Heard learned counsel for the applicant, learned counsel for the respondents and perused the records.
2. The applicant has prayed for the following relief(s):-
"(1). To issue the direction to the opposite parties to issue appointment letter to the applicant on the post of store keeper under the opposite parties as per existing policy ignoring the letter dated 29.11.2021 issued by the Director Advance Weapon & Equipment India Ltd.
(II). To finalize the policy on compassionate appointment which is alleged to the under preparation as mentioned in the letter dated 29.11.2021 issued by the Director Advance Weapon & Equipment India Ltd. As contained in Annexure No.8 to the application.
(III). To issue such other order or direction which this Hon'ble court may deem just and proper in the facts and circumstances of the case.
(IV). To allow the cost of the writ petition in favour of the petitioners."Page 1 of 3 Page 2 of 3
3. The brief facts of the case are that the father of the applicant Late Narendra Kumar Tiwari died on 29.02.2016 while working under the respondent at Ordinance Factory Project HAL Korwa, District- Amethi leaving behind his widow Smt. Krishna Tiwari, three daughters namely Jyoti Tiwari, Preeti Tiwari and Priyank Tiwari and the applicant (Rajat Tiwari). The mother of the applicant is suffering from old age aliments and she needs continuous medical care and treatment. After the death of the father of applicant his mother made an application/representation to the General Manager, Ordinance Factory Project Korwa, Amethi for appointment of the applicant. Upon consideration of the application, respondents issued letter dated 07.09.2020 wherein the applicant was directed to appear on 21.09.2020 at Ordinance Factory Project Korwa, Amethi along with original certificates. On 05.03.2021, the applicant was provisionally selected for the post of store keeper. Thereafter, vide letter dated 06.12.2021, General Manager Ordinance Factory Board issued a letter for Police Verification Report in respect of the applicant. In reply, the District Magistrate vide letter dated 25.02.2022 informed that no Criminal Case is pending against the applicant.
4. It is further stated that despite completing all the formalities the respondents have not issued the appointment order to the applicant as such applicant submitted a representation dated 22.04.2022 to the respondents through email. In response, the respondents replied that appointment letter could not be issued as the respondents are under process of making new policy regarding appointment on compassionate ground as such till specific directions are not issued appointment on compassionate ground shall not be finalized and no appointment letters shall be issued.
Hence, this OA.
5. Respondents by filing their counter affidavit have, inter-alia, stated that vide letter dated 06.12.2021 General Manager Ordinance Factory Board issued a letter for Police Verification Report in respect of the applicant. In reply, the District Magistrate vide letter dated 25.02.2022 informed that no Criminal Case is pending against the applicant and in the Case Crime No.185/2019, Under Section-498, 504, 506 IPC and ¾ DP Act the applicant has already been acquitted by the Court of Judicial Magistrate III, Faizabad vide order dated 18.09.2021. It is further stated that according to the decision of Government of India, after the change in the new DPSU of the Ordnance Factory Organization, 7 new headquarters were created from 01.10.2021, wherein the headquarters of the Ordnance Factory Project Page 2 of 3 Page 3 of 3 Korwa has been made at Advanced Weapons and Equipment India Limited, Kanpur. Vide AWEIL HQ Kanpur letter no. 03(1) Comp. App/2021/HR dated 29.11.2021, it was directed that after the formation of new DPSU, a new policy related to compassionate appointment is being made, till then the case should be settled as per the rules as before, but the till final settlement of compassionate appointment or Appointment letter should not be issued until instructions are received from Headquarters. Hence, the action of the respondent is correct and does not call for any interference.
6. Applicant by filing rejoinder affidavit reiterated the averments made in the Original Application.
7. Submission of the learned counsel for the applicant is that the case of the applicant has already been finalized before the coming of the letter dated 29.11.2021 as such respondents / competent authority be directed to consider the case of the applicant as per existing policy ignoring the letter dated 29.11.2021.
8. Per contra, learned counsel for the respondents strongly opposed the aforesaid submissions and argued that a new policy related to compassionate appointment is being made, till then the case should be settled as per the rules as before, but no case be finalized/no appointment letter should be issued until instructions are received from Headquarters.
9. Keeping in view of the above, it would be appropriate to direct the respondents that whenever any new recruitment rules take place in the Company, the case of the applicant should also be considered in that recruitment process as per rules.
10. In view of the above, Respondents are directed to consider the case of the applicant for appointment on compassionate ground as per rules subject to the observations that whenever new recruitment takes place in the Company, the case of the applicant shall also be considered.
The OA is disposed of in above terms.
No order as to costs.
Associated MA(s), also stand disposed of accordingly.
(Justice Anil Kumar Ojha)
Member (J)
Amit Kumar Digitally signed by Amit Kumar
Date: 2024.03.20 14:43:23 +05'30'
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