Central Administrative Tribunal - Kolkata
Rita Chandra vs Steel Sail on 27 May, 2025
1 OA 490/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A./350/00490/2023
Date of hearing : 14.05.2025
Date of Judgment : 27.05.2025
Coram: Hon'ble Mr. Suchitto Kumar Das, Administrative Member
In the matter of :
1. Rita Chandra,
Wife of Late Shyamapada Chandra, aged about 58 years, by
occupation- Housewife.
2. Shuvayan Chandra,
Son of Late Shyamapada Chandra, aged about 31 years, by
occupation- Unemployed.
Both are resident of 3/2, Mahaishkapur Road, B-Zone, Post
Office- B-Zone, Durgapur, District- Paschim Bardhaman, Pin
Code- 713205.
.............. Applicants
-Vs-
1. The Union of India, service through the Secretary,
Ministry of Finance, Department of Revenue, Union of India,
North Block, New Delhi- 110001.
2. The Steel Authority of India Limited (SAIL), a company
incorporated under the Companies Act, 1956 having its
Registered Office at Ispat Bhawan, Lodi Road, New Delhi-
110003 service through its Company Secretary.
3. The Durgapur Steel Plant, a Subsidiary Company of the
Steel Authority of India Limited, having its Registered office at
Durgapur, Post Office- Durgapur Steel Plant, Police Station-
Waria, District- Burdwan, Pin Code- 713203.
4. The Deputy General Manager (Power Plant), Steel
Authority of India Limited, Durgapur Steel Plant, Durgapur,
District- Paschim Burdwan, Pin- 713203.
Digitally signed by SONALI LAL
SONALI
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65=
1335963617493834803xeKNGD5eN7bXL, Phone=
d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99
70cce81465079777, PostalCode=800009, S=Bihar,
SERIALNUMBER=
b85cadb360af4981732c949bc31df6d98e2c92428456ad
LAL
c533ade9e38d5aed96, CN=SONALI LAL
Reason: I am the author of this document
Location:
Date: 2025.05.27 11:49:30+05'30'
Foxit PDF Reader Version: 2024.3.0
2 OA 490/2023
5. The Manager (Finance), Steel Authority of India Limited,
Durgapur, District- Paschim Burdwan, Pin- 713203.
6. The Senior Manager (Personnel-NW), Durgapur Steel
Plant, Durgapur, District- Paschim Burdwan, Pin- 713203.
7. The Manager (Pers-Recruitment), Steel Authority of India
Limited, Durgapur Steel Plant, Durgapur, District- Paschim
Burdwan, Pin- 713203.
8. The Assistant General Manager (P&W), Steel Authority of
India Limited, Durgapur Steel Plant, Durgapur, District- Paschim
Burdwan, Pin- 713203.
...........Respondents
For The Applicant(s): Mr. P. Rej, Counsel
Mr. P. K. Das, Counsel
For The Respondent(s): Mr. S. Nandy, Counsel
Mr. U. K. Jana, Counsel
ORDER
Hon'ble Suchitto Kumar Das, Administrative Member The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
"a) To set aside the impugned order under Memo no. DSP/Pers-
NW/Rectt./CC-R order/2022/2998 dated 05.12.2022 passed by the Senior Manager (Personnel-NW), Durgapur Steel Plant, respondent no. 6.
b) Direction be given upon the respondents to give appointment to the applicant no. 2 in Group C Post on compassionate ground under died-in-harness category in place and stead of his father Shyamapada Chandra.
c) A direction be given upon the respondents to produce all the relevant documents of the case before the Hon'ble Tribunal in order to render conscionable justice to the applicants.
Digitally signed by SONALI LALSONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA 490/2023
d) To pass such other order or orders and/or further order as to Your Lordships may deem fit and proper for the ends of justice."
2. For the sake of clarity, facts in the case, as narrated by the applicant, are delineated and discussed hereinunder :-
Shyamapada Chandra, the late husband of applicant no. 1 and father of the applicant no. 2 was an employee of the Power Plant of Durgapur Steel Plant.
Shyamapada Chandra since year 2013 was suffering from acute neurological disease and after prolonged treatment in Hospital of the Durgapur Steel Plant his health condition deteriorated gradually. Director-in- Charge, Medical and Hospital, Durgapur Steel Plant vide letter dated 08.02.2017 referred the deceased employee to the Director, Mission Hospital, Durgapur for medical treatment for disease of HTH, CVA, RT Hemiparesis. The employee died on 18.08.2017. The applicants has filed this OA claiming appointment of applicant no. 2 on compassionate ground.
3. Learned Counsel for the applicant submits that as the deceased employee was suffering from illness for more than four years and had already suffered brain stroke twice and since the attending Physicians of the respondent company disclosed that there is little chance of his survival, the applicant no. 1, on 21.04.2017, made a representation for compassionate appointment in favour of applicant no. 2 on medical invalidation ground of her husband.
3.1 Learned Counsel for the applicant submits that the schedule dated 31.01.2012, vide clause no. 10(c) says that Committee of employer shall meet within three months of receipt of an application. However, no Committee was Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA 490/2023 formed at any time though the condition of the patient, i.e., Shyamapada Chandra was known to DSP Management for the last several years. 3.2 Learned Counsel for the applicant submits that immediately after demise of the deceased employee , the respondent authority vide order dated 19.08.2017 struck off the name of Shyamapada Chandra from the Roll of the company with effect from 18.08.2017.
3.3 Learned Counsel for the applicant submits that as per provision of Circular No. Pers/Rectt/Comp. Empl/NGL/2012/27 dated 31.01.2012 of the Steel Authority of India Limited, the applicant no. 2 is entitled to compassionate appointment on the ground of medical invalidation of his father. Learned Counsel for the applicant submits that as the said Shyamapada Chandra died in harness, applicant no. 1 again made an appeal on 17.11.2017 to the Chief Executive Officer, Durgapur Steel Plant for consideration of appointment of applicant no. 2 on medical invalidation ground.
3.4 Learned Counsel for the applicant submits that vide letter dated 23.12.2017 the respondents rejected the representation of the applicants for appointment on compassionate ground. Respondents rejected the claim of the applicant on the ground that the applicant had not applied at any stage for compassionate appointment in terms of the scheme in force for consideration of appointment on compassionate ground. The applicants filed an Original Application no. 317 of 2018 before this Tribunal against the order of rejection. Tribunal dismissed OA no. 317/2018 on 10.01.2022. 3.5 Learned Counsel for the applicant submits that challenging the said order of the Tribunal, the applicants filed WPCT no. 71/2022 before the Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA 490/2023 Hon'ble Calcutta High Court which, vide order dated 05.09.2022, set aside the order dated 10.01.2022 passed by this Tribunal. Steel Authority of India Limited was directed by the Hon'ble Calcutta High Court to reconsider the said application strictly in terms of the provisions contained in the Circular/ Scheme dated 31.01.2012 and arrive at the positive finding whether the disease Hemiplegia has close proximity with the disease Hemiparesis. Steel Authority of India reconsidered the application of the applicants by giving an opportunity of hearing and after hearing, respondent no. 6 passed the impugned order dated 05.12.2022 rejecting the application of the applicant no. 2 for appointment on compassionate ground holding that as per opinion of the Medical Disabilities cum-Invalidation Board Hemiparesis is not covered under Hemiplegia and also that the deceased employee had less than one year of service left which is a bar for employment on medical invalidation ground. Medical Board did not put their professional mind as there was no reference of any opinion to conclude about the close proximity of disease of Hemiplegia and Hemiparesis. This is deviation from the observation of Hon'ble High Court of Calcutta dated 05.09.2022.
3.6 Learned Counsel for the applicant submits that the order dated 05.12.2022 of DSP did not consider clause no. 10(c) of the scheme dated 31.01.2012. The order has been passed without proper application of mind as it can be noted from the point no. vii) page no. 6, point no. iii)/page no. 7, point no. iv)/page no. 8 and point no. vi)/page no. 11 that the name of deceased is mentioned as 'Shuvayan Chandra' instead of 'Shyamapada Chandra'. This proves that the reasoned order is prepared and passed in a very casual manner.
Digitally signed by SONALI LAL
SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA 490/2023 3.7 Learned Counsel for the applicant submits that the Hon'ble Calcutta High Court vide order dated 05.09.2022 passed in WPCT no. 71/2022 set aside the submission that the Hemiparesis is not covered under Hemiplegia and after passing of the said order, the impugned finding that Hemiparesis is not covered under Hemiplegia is not tenable in the eye of law and as such, order impugned based upon such findings is liable to be set aside. 3.8 Learned Counsel for the applicant submits that it is admitted fact that the deceased employee was suffering from the said disease for more than four years and he was under treatment of the Hospital of the respondent Steel Authority of India Limited but the respondent authority, knowing fully well that Shyamapada Chandra was suffering from incurable disease, did not refer the matter to form a Medical Board to declare him medically unfit to continue his duty and referred to take admission on 06.02.2017 with ulterior motive and malafide intention to avoid giving appointment on medical invalidation ground. Learned Counsel for the applicant submits that the applicants cannot be made to suffer for the delay in admission of Shyamapada Chandra to the hospital by the doctors of the respondent. It is a settled principle of law that no one can take benefit of his own wrong but in the instant case, the respondent admitted Shyamapada Chandra to the hospital at a time when less than one year of his service was left. Now they are taking plea that the applicant no. 2 is not entitled to get appointment in view of the fact that less than one year of service of his father was left when he was admitted to the hospital.
3.9 Learned Counsel for the applicant submits that Shyamapada Chandra was suffering from an incurable disease for more than four years prior to his death and he was under treatment of the hospital of the respondent. It was the Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA 490/2023 duty of the respondent to refer the matter to the Medical Board to declare whether Shyamapada Chandra was medically fit to continue his duty. That has not been done in time and at the fag end when less than one year service was left, he was admitted to hospital and prior to his death no steps were taken to declare him medically unfit.
3.10 Learned Counsel for the applicant submits that the applicants made application when they came to know that there is hardly any chance of survival of their bread earner, Shyamapada Chandra.
4. Per contra, Learned Counsel for the respondents submits that the claim that the deceased employee was suffering from acute neurological disease and other ailments since 2013 and that after prolonged treatment in the Hospital of respondents, his condition deteriorated gradually, are denied inter alia, because :-
(i) As per contents of the representation of applicant no. 1 dated 21.04.2017, the deceased employee 'had been suffering from severe Osteo Arthritis and other ailments since last four years'.
(ii) No medical treatment papers of alleged neurological disease of the deceased employee in DSP Hospital or elsewhere, since 2013 or any later date, have ever been disclosed by the applicants.
(iii) All treatment records and medical prescriptions of any medical assistance or treatment in DSP Hospital to any employee of respondents or to any of his/her dependent family members entitled for free medical treatment, whether in Out Patient Department or upon admission in Hospital for indoor treatment, are recorded in Free Medical Treatment Entitlement (FMTE) Booklet of each employee and each of his dependent Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA 490/2023 family members. However, FMTE Booklet of the deceased employee was not submitted by the applicants.
(iv) The deceased employee was received in Emergency Department of DSP Hospital on 07.02.2017 because he had suffered an accidental head injury on fall from bed at 10:00 pm on 06.02.2017. The said accidental head injury did not arise out of and in the course of employment.
(v) As per clause 6 and 7 of Procedure 3 in the procedural Circular dated 10.05.2012, meeting of the Medical Disability-cum-invalidation Board was held every month and the meeting of the duly constituted High Powered Committee was to be held thereafter within three months of the receipt of an application for medical invalidation. However, as per clause 1 to 3 of Procedure 3 in the procedural Circular dated 10.05.2012, only eligible and complete applications for medical invalidation were to be processed for consideration by the Medical Disability-cum-Invalidation Board.
4.1 Learned Counsel for the respondents submits that the representation of applicant no. 1 dated 21.04.2017 for compassionate appointment of applicant no. 2 was not tenable for consideration under medical invalidation category as per Circular dated 31.01.2012 and was not processed for consideration by Medical Disability-cum- Invalidation Board, inter alia, because:-
(i) The employee was not stated to be suffering from any of the specified debilitating diseases listed in Annexure 1 read with cl. 5.3.1 of the said Circular dated 31.01.2012.
(ii) The employee had less than an year of service left as his date of superannuation was 31.01.2018, and as such, claim for medical Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA 490/2023 invalidation was not tenable as per cl. 5.3.4 (b) of the said Circular dated 31.01.2012.
(iii) The employee was not eligible for medical invalidation and was not declared medically invalid and was separated from service of respondents on his death and not on declaration of his medical invalidation, therefore, the claim of the applicants for grant of compassionate appointment to applicant no. 2 under medical invalidation category was not tenable, and was accordingly rejected vide respondents' letter dated 23.12.2017.
4.2 Learned Counsel for the respondents submits that the dispute raised in the Original Application regarding correctness of the medical opinion of the Medical Disability-cum-Invalidation Board dated 18.11.2022 is not amenable to judicial review and the Original Application is not tenable for this reason also.
4.3 Learned Counsel for the respondents denies that the medical opinion of the Medical Disability-cum-Invalidation Board dated 18.11.2022, that Hemiparesis is not covered under Hemiplegia, is contrary to the direction of Hon'ble High Court dated 05.09.2022. Hon'ble High Court had not recorded any finding of this medical question and had left it open to the medical experts or competent authority to take a final decision in this regard.
4.4 Learned Counsel for the respondents submits that the representation of the applicant no. 1 dated 21.04.2017 for compassionate appointment of applicant no. 2 was not processed for consideration by Medical Disability-
cum-Invalidation Board, not because of any 'ulterior motive' and/or 'malafide intention' to avoid giving appointment on medical invalidation ground'. The Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA 490/2023 said application was not processed as it was not eligible and tenable for consideration under medical invalidation category as per Circular dated 31.01.2012.
5. Heard the parties. Perused material on record.
5.1 The applicants had filed OA no. 317/2018 on the same issue which was dismissed by this Tribunal on the ground that the employee during his lifetime had not applied for medical decategorisation as per rules. Judgment of the Tribunal was set aside by the Hon'ble Calcutta High Court with the following observations and directions :-
".................
Accordingly, the order of the Tribunal is hereby set aside. As a consequence thereof, the order of the Steel Authority of India dated 23rd December 2017 is hereby set aside.
The Steel Authority of India is directed to reconsider the said application strictly in terms of the provisions contained in the said circular/ scheme dated 31st January, 2012 and if necessary, after giving an opportunity of hearing to the writ petitioners and take a decision, which shall be communicated to the petitioners.
........................"
Accordingly, the respondent organization granted a personal hearing to the applicants, obtained medical opinion that Hemiplegia does not cover Hemiparesis and rejected the claim of the applicant vide their speaking order dated 05.12.2022.
5.2 Hon'ble Calcutta High Court vide its order quoted above, had specifically directed the respondents to consider the case of the applicant in terms of the provisions of their policy with respect to grant of appointment on compassionate ground. The applicants have claimed compassionate appointment for applicant no. 2 on grounds of medical incapacitation of his father when he was in service.
Digitally signed by SONALI LALSONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA 490/2023 Relevant parts of the scheme on appointment on compassionate ground notified vide Circular dated 31.01.2012 is extracted below :-
"................
5. RELIEF/BENEFIT 5.1 EFBS 5.1.1 In the cases of death/permanent total disablement as per NJCS agreement, and in medical invalidation cases, the dependent family members/ employees are encouraged to opt for benefits under Employee Family Benefit Schemes. Once an option to avail benefit under EFBS Scheme is exercised, the employee or dependent family members shall not have any claim for compassionate employment. 5.2 Cases as per NJCS Agreement 5.2.1 Compassionate employment will be provided to one of the dependent family members of an employee in cases of death or permanent total disablement due to 'accident arising out of and in the course of employment' as per NJCS Agreement. 5.2.2 The requests for compassionate appointment should normally reach the competent authority within three months of date of death/permanent total disablement.
5.2.3 If the dependent is yet to attain matriculation qualification as per the provision under Clause 7(b), he/she may be considered for providing compassionate employment if no other dependent member is available in the family with matriculation or higher qualification. However, if he/she fails to acquire the matriculation qualification within the two years of training period as provided under clause 6(b) below, the training period will get extended till he/she acquires the matriculation qualification.
5.3 Medical Invalidation Cases-
5.3.1 Compassionate employment may be considered to dependent family members on "medical invalidation" of an employee on specified "debilitating diseases".
The list of debilitating diseases is at Annexure-I. 5.3.2 A Committee consisting of Head of Works, Head of Medical, Head of Personnel & Administration of the respective Plant/unit duly constituted by the respective Chief Executive shall be empowered for the purpose of declaring Medical Invalidity.
5.3.3 The employee should have been under treatment in the Company's/ Company's sponsored hospital for the above ailments. Cases of sudden death, where the employee was continuing with his normal job and was not under treatment for the above diseases shall not be governed under these guidelines. The date for consideration under the guidelines shall be the date on which the Committee declares an employee as medically invalid. If an employee dies due to disease or otherwise before declaration of Medical Invalidation by the Committee then such death shall be considered as natural death and shall be dealt as per clause 9.1 of the Guidelines.
5.3.4 For consideration under Medical Invalidation cases all employees would be eligible excluding -
Digitally signed by SONALI LALSONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
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(a) Those employees working as trainees or on stipend basis.
(b) Those having less than one year of service left on the date of Medical Invalidation.
5.3.5 The compassionate appointment requests in medical invalidation cases shall be considered during the financial year, and can be carried forward only for one financial year and after than it shall lapse.
.....................
LIST OF DEBILITATING DISEASES
1. Cancer (advanced)
2. Chronic Renal Failure
3. Incapacitative Cardiac disease, i.e.,
i) Ischaemic Heart disease
ii) Rheumatic Heart disease
iii) Cardio Myopathy
4. Incapacitative Neurological disease, i.e.,
i) Hemiplegia
ii) Quadriplegia
iii) Paraplegia
iv) Demyelinating disease
a) of Central Nervous System
- Multiple Sclerosis
- Transverse Myelitis
b) of Peripheral Nervous System
- Guillain- Barre Syndrome
v) Advanced Parkinsonism
5. Psychiatric Illness i.e. Uncontrolled Psychotic Disorder
6. Incapacitative Respiratory Disease Chronic Obstructive Pulmonary disease with Cor pulmonale
7. Permanent Total Disablement
-when the physical disability as determined by medical board is 100%."
5.3 The applicants submit that since the deceased employee was suffering from neurological disorder for the last four years, it was the duty of the employer to get him examined and declare him medically invalidated. The respondents in their reply aver that they had no prior knowledge of the Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 13 OA 490/2023 deceased's medical condition before he was admitted to the hospital on 08.02.2017 after he suffered a fall from his bed at his home and suffered a head injury. It is however not disputed that the employee was suffering from Hemiparesis. From the pleadings it is clear that the deceased employee was in service and performing his duty before he was admitted to the hospital on 08.02.2017. As per the policy, it was his responsibility to approach the authorities praying for his medical invalidation. This was not done. The issue of his medical incapacitation came up for the first time only when the employee's wife made a representation on 21.04.2017 for appointment on compassionate ground of her son on grounds of her husband's medical condition. The employee's date of retirement was 31.01.2018. Thus, the first approach was made for the employee's medical invalidation when less than one year was left for the employee's retirement. The policy specifically bars grant of appointment on compassionate ground in cases where the medical invalidation of an employee takes place less than a year before his retirement. 5.4 Hon'ble Calcutta High Court had observed that there appears to be a close nexus between Hemiparesis and Hemiplegia . It however left it to the medical experts or the competent authority in this regard to take final opinion thereupon. A Board of doctors have certified that Hemiparesis is not the same as Hemiplegia . As per policy, appointment on compassionate ground is to be considered only in cases of medical incapacitation due to certain specified medical conditions. Hemiparesis is not one of such conditions. It is clear from the opinion of the Committee of doctors (Annexure- A/10 of the OA) that the two diseases are different. Respondents are bound by the provisions of their policy. They have therefore rightly concluded that Hemiparesis, from which the deceased employee was suffering, did not qualify as a disease for which Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA 490/2023 medical invalidation leading to appointment on compassionate ground can be considered as per the policy.
5.5 Hon'ble Supreme Court in its judgment in State Bank of India & Anr.
vs. Raj Kumar CIVIL APPEAL NO. 1641 OF 2010 has ruled that :-
"................................
6. It is now well settled that appointment on compassionate grounds is not a source of recruitment. On the other hand it is an exception to the general rule that recruitment to public services should be on the basis of merit, by an open invitation providing equal opportunity to all eligible persons to participate in the selection process. The dependants of employees, who die in harness, do not have any special claim or right to employment, except by way of the concession that may be extended by the employer under the Rules or by a separate scheme, to enable the family of the deceased to get over the sudden financial crisis. The claim for compassionate appointment is therefore traceable only to the scheme framed by the employer for such employment and there is no right whatsoever outside such scheme. An appointment under the scheme can be made only if the scheme is in force and not after it is abolished/withdrawn. It follows therefore that when a scheme is abolished, any pending application seeking appointment under the scheme will also cease to exist, unless saved. The mere fact that an application was made when the scheme was in force, will not by itself create a right in favour of the applicant."
Appointment on compassionate ground is not a matter of right. It is a welfare scheme of the employer to provide relief to the family of an employee who dies in harness leaving the family without a bread winner. Claim for such appointment is traceable to the specific scheme and other rules framed by the employer for offering appointment on compassionate ground. In the instant case, the case of the applicants is clearly not covered by the scheme in this regard. Therefore, the claim of the applicants for compassionate appointment on grounds of medical invalidation is not tenable
6. OA stands dismissed being devoid of merit.
No order as to costs.
(Suchitto Kumar Das) Administrative Member sl Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f99 70cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456ad LAL c533ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.05.27 11:49:30+05'30' Foxit PDF Reader Version: 2024.3.0