Central Administrative Tribunal - Allahabad
Chakravarti Sar John Larence vs Post Up Circle on 7 November, 2025
1
Reserved on 24.09.2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD
Original Application No.177 of 2022
Allahabad this the 7th day of November, 2025
Present:
Hon'ble Mr. Anjani Nandan Sharan, Member- (Administrative)
Chakravarti Sar John Larence
S/O Late Sri Netra Pal Singh R/C Gram-Jaravan
Post- Bchata Goasain
District-Buadau
.............Applicant
By Advocate: Shri Bheshaj Puri
Versus
1. Union of India through Secretary / Director General of Posts,
Ministry of Communication, Dak Bhavan, New Delhi.
2. The Chief Post Master General, U.P. Circle Lucknow.
3. Post Master General, Regional Office Bareilly, Bareilly.
4. Superintendent of Post Office, Budaun Division, Budaun.
. . . . . . . . . Respondents
By Advocate: Shri Chakrapani Vatsyayan
ORDER
Delivered by Hon'ble Mr. Anjani Nandan Sharan, Member-(A) Heard Shri Bheshaj Puri, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents.
2. The instant original application has been filed under section 19 of Administrative Tribunals Act, 1985 seeking the following reliefs:-
"(i) To issue an appropriate order or direction in the nature of certiorari quashing the impugned order dated 07.12.2021 passed by respondent no.4, whereby the applicant has been denied to provide engagement on the ground of pendency of criminal case.
(ii) To issue an appropriate order or direction in the nature of Mandamus directing the respondents to provide the appointment of the applicant on SAHIL SHARMA 2 the ground of compassionate appointment on post of GDS BPM Behta Gusain, Distt. Badaun, within a specific time as may be fixed by this Tribunal.
(iii) To issue any writ, order or direction which this Tribunal may deem fit, proper and necessary in the circumstances of this case.
(iv) To award costs of the application in favour of the applicant."
3. The brief facts of the case, as stated by the applicant in original application are that the father of applicant was working as Gramin Dak Sevak, Branch Post Master, (G.D.S.B.P.M.) in District Badaun, who died on 06.02.2019. After the death of the father of the applicant the entire family is facing hardship as he was the sole bread earner of the family. 3.1 The applicant has passed his High School Examination in the year 2013 and Intermediate Examination in the year 2015 from Board of High School and Intermediate Education U.P. The applicant is also having certificate of Diploma in Computer Application (DCA) from Rajeev Gandhi Saksharta Mission in the year of 2019. The date of birth of the applicant is 15.07.1997 according to High School certificate. The applicant belongs to scheduled caste and in this regard he has been issued certificate from the competent authority/Tehsildar Bilsi Buadau. The applicant after being eligible has submitted an application for engagement on the post of G.D.S.B.P.M. on the ground of compassionate appointment in the month of May 2019.
3.2 On 06.12.2019 the respondent no.4 sent a letter to the Post Master General, Regional Office, Bareilly in respect of compassionate appointment. Letter dated 06.12.2019 clearly demonstrate that after receiving the application from the applicant, the respondent no.4 has prepared the documents and sent it to respondent no.3 for compassionate appointment. Respondent No. 4 sent a letter on 19.02.2021 to Respondent No.3 about this request. Respondent No. 3 instructed Respondent No.4 to properly verify the applicant's age, caste, educational certificates, and eligibility for appointment, and to obtain a declaration from the applicant agreeing to take care of the deceased's SAHIL SHARMA 3 dependents. It was also directed that after completing all formalities, the engagement order and joining details should be sent to Respondent No. 3. 3.3 Following these directions, Respondent No. 4 asked the applicant to submit all original documents (educational, income, computer certificates, etc.) by 09.03.2021. The applicant submitted them on 10.03.2021 along with an application. When no action was taken, he sent a reminder in June 2021. As the authorities still did not respond, the applicant filed Original Application (O.A.) No. 593 of 2021. The Court disposed of the case on 26.10.2021, directing the authorities to decide the applicant's case within four weeks. 3.4 In compliance with the court's order, Respondent No.4 decided the matter on 07.12.2021 but rejected the applicant's request for compassionate appointment on the ground that a criminal case was pending against him. This rejection order is the one challenged in the present O.A. Aggrieved by the rejection order dated 07.12.2021, the applicant has filed the present original application.
4. In the counter affidavit filed on behalf of respondents it has been stated that the father of the applicant Late Shri Netrapal Singh was working as Gramin Dak Sevak Branch Post Master (GDSBPM) at Branch Post Office Behta Gosai, Bilsi, Budaun. He died while in service on 19.02.2019. After his death, his dependent (the applicant) applied for appointment on compassionate grounds to the same post.
4.1 The Superintendent of Post Offices (SPOs), Budaun forwarded the application to the Postmaster General, Bareilly Region for further processing. As part of the necessary pre-engagement formalities, the applicant's character verification was requested from the District Magistrate, Budaun, via letter dated 12.03.2021.
SAHIL SHARMA 4 4.2 The District Magistrate sent the verification report on 15.06.2021, which mentioned that there was a criminal case (Case No. 219/2017 under Sections 363/366 IPC) registered against the applicant, and that a charge sheet had been filed in court.
4.3 Because of this pending criminal case, the applicant was not engaged for the post on compassionate grounds. The verification of character by Police is a necessary pre-engagement formality for engagement. 4.4 Meanwhile, the applicant filed an Original Application No. 593/2021 before the Tribunal. The Tribunal disposed of the case on 26.10.2021, directing the authorities to decide the applicant's representation dated 28.06.2021 within four weeks from the date of receiving the certified copy of the order.
5. In the rejoinder affidavit filed by the applicant the applicant has reiterated almost the same submissions which have been stated in the original application. In addition, it has been submitted that a criminal case bearing case crime no.219/2017 under section 363/366 of I.P.C. is pending and submission of the chargesheet in pursuance of aforesaid case crime has been done. Mere pendency of a criminal case cannot be a ground for denial of providing compassionate appointment to the applicant. Mere making paper exercise does not mean that the respondent authorities have concluded the proceedings of providing engagement to the applicant on the ground of compassionate appointment. After filing of the OA No.593/2021 and passing of the order by the court the respondent authority decided the case of the applicant and prior to that they had not taken any decision upon the matter. Character verification made by the District Magistrate in respect of the pendency of the criminal case is pending. In the aforesaid case the Hon'ble High Court of Allahabad after considering the nature of allegations stayed the further proceedings of the aforesaid case, but the District Magistrate did not take pain to submit the description of the order passed by the Hon'ble High Court. The applicant has SAHIL SHARMA 5 specifically pleaded in 4.25 of the original application that the criminal case which has been reported to be pending against the applicant has been stayed by Hon'ble High Court and when the proceedings has been stayed by the court, then how the respondents authorities take shelter for pendency of criminal case in not providing the engagement to the applicant. No effort has been made by the respondent authority to reply the averment made in para 4.26 of the OA except to sing a song of verification report. Criminal case is no more in existence and the applicant cannot be denied appointment on the said ground.
6. Submissions of both the parties have been heard and records as well as the written submission have been gone through.
7. It is noted from the records that the applicant has sought his appointment on compassionate grounds after the death of his father, who died while working as Gramin Dak Sevak on 06.02.2019, by filing a representation before the respondents on May, 2019. After following due procedure, a background verification was conducted by the competent authority, wherein it was discovered that a criminal case was pending in the name of the applicant. On discovery of the said criminal case, the applicant's representation for appointment on compassionate grounds was rejected and the same was communicated to the applicant vide impugned order dated 07.12.2021. The relevant portion of the said order is quoted as under:
"उऩययक् ु त संदर्भुत ऩत्र के मामऱे में आऩको अवगत कराना है कक आऩके ननयोजन के र्ऱए ऩयर्ऱस सत्याऩन कराने ऩर जजऱा मजजस्ट्रे ट की आख्या इस कायाुऱय को प्राप्त हयई। जजसमें स्ट्ऩष्ट बताया गया है कक श्री चक्रवती सर जान ऱारें स ननवासी ग्राम जरावन , ऩोस्ट्ट-बेहटा गयसाई , थाना- बबल्सी , जनऩद बदायं के ववरुद्ध थाना हाजा ऩर मय 0अ0स0 219/2017 धारा 363/366 भा०दं ०सं० ऩंजीकृत है । जजसमें आरोऩ ऩत्र मा० न्यायाऱय भी प्रेवित है । अतः उऩरोक्त मामऱे में सऺम न्यायाऱय से ननर्ुय आने तक आऩका ननयोजन नह ं ककया जायेगा। "
7.1 Further, it is pertinent to state that guidelines have been issued in respect of Scheme for Compassionate Appointment (updated on 02.08.2022) by the Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training), wherein the said scheme has been discussed in detail. The relevant portion of the said order is quoted as under:
"OBJECT 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. SAHIL SHARMA 6
6. ELIGIBILITY
(a) The family is indigent and deserves immediate assistance for relief from financial destitution; and
(b) Applicant for compassionate appointment should be eligible and suitable for the post in all respects under the provisions of the relevant Recruitment Rules. [Para 5 of DOPT O.M. No. 14014/6/94-Estt. (D) dated 09.10.1998]"
7.2 The matter of compassionate appointment has been dealt with by the Hon'ble Apex court in a catena of judgements. In The State of West Bengal Vs. Debabrata Tiwari and Ors. Etc. in Civil Appeal No. 8842-8855 of 2022 decided on 3.3.2023, dealing with the law laid down by it in various other judgments, Hon'ble Apex Court in paras 7.2 has held as under:-
"7.2. On consideration of the aforesaid decisions of this Court, the following principles emerge:
....ii. Appointment on compassionate grounds is not a source of recruitment. The reason for making such a benevolent scheme by the State or the public sector undertaking is to see that the dependants of the deceased are not deprived of the means of livelihood. It only enables the family of the deceased to get over the sudden financial crisis.
iii. Compassionate appointment is not a vested right which can be exercised at any time in future. Compassionate employment cannot be claimed or offered after a lapse of time and after the crisis is over...."
8 In view of the above quoted judgments dealt by Hon'ble Apex Court and guidelines issued by the Ministry of Personnel, Public Grievances & Pensions, it is clear that Appointment on compassionate grounds is meant to help the family of a deceased employee in financial distress, but it is not an automatic or legal right. The authorities must follow all required rules and procedures before making such an appointment. Since, Police verification is a procedure designed to confirm a candidate's character and antecedents before he is appointed, the candidate's character and background have to be verified by the appointing authority even in cases of appointment on compassionate grounds. This is a standard government procedure, which is followed even in case of regular appointments.
9. In the instant case the verification report from the District Magistrate clearly mentioned that a criminal case under Sections 363/366 IPC was pending against the applicant and a charge sheet had already been filed in court. Because of this, the applicant was not found suitable for engagement and the respondents rejected the case of the applicant on compassionate grounds based on factual and legal grounds. Although, the applicant has claimed that the High Court had stayed the criminal proceedings but that does not mean that the case has been dismissed or closed. It only means the trial is on hold and the charges still exist.
10. Therefore, the decision of the respondents was not arbitrary or illegal. Since the rejection was based on a valid reason (pending criminal case and SAHIL SHARMA 7 unsatisfactory verification report), I find no justification to interfere with the order dated 07.12.2021. There is no legal infirmity in the impugned letter of the respondents dated 07.12.2021. Therefore, the instant Original Application is liable to be dismissed.
11. Accordingly, the original application is Dismissed being devoid of merit. No order as to costs.
12. Interim Order, if any, stands discharged.
All the related MAs stand disposed of.
(Anjani Nandan Sharan) Member(Administrative) Neelam/Sahil SAHIL SHARMA