Central Administrative Tribunal - Allahabad
Smt Sushma Verma vs Commerce on 20 August, 2025
Open Court CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD.
Dated : This the 20th day of August 2025 Original Application No. 1411 of 2024 Hon'ble Mr. Justice OM Prakash VII, Member (J) Smt. Sushma Verma W/o Late Gopal Verma R/o- MIG-1st, 205, Jawaharpuram Yojna, Pani Ki Tanki Ke Pass Albatiya, Shahganj, District Agra ...Applicant.
By Adv : Shri Namit Srivastava
: Shri Parvez Alam
VERSUS
1. Union of India through its Secretary, Ministry of Commerce, New Delhi.
2. Chief Controller of Explosives, Petroleum and Explosives Safety Organization, A Block, 5th Floor, CGO Complex, Seminary Hills, Nagpur.
3. Secretary, Department of Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Udyog Bhawan, New Delhi.
4. Deputy Controller of Explosives, Petroleum and Explosives Safety Organization, Office of Jt. Chief Controller of Explosives A-Wing IInd Floor, Kendralaya, 63/4, Sanjay Palace, Agra.
5. Joint. Chief Controller of Explosives, Central Circle, Agra ...Respondents. By Adv: Shri Vidyapati Tripathi.
ASHISH 1 KUMAR O R D E R Heard Shri Vishesh Upadhyay authority holder of Shri Namit Srivastava, learned counsel for the applicant and Shri Vidyapati Tripathi, learned counsel for the respondents.
2. The applicant has filed this Original Application under section 19 of the Administrative Tribunal Act, 1985, for seeking following relief(s):-
I. An order be passed directing the respondents authorities to consider the compassionate appointment of applicant in any suitable post considering her eligibility in place of her husband namely Late Gopal Verma under Dying-in-Harness Rules. II. An order be passed directing the respondents as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
III. The cost of the Original Application may also be awarded in favour of the applicant as against the respondents as there is a genuine reason of hardship and loss of finance.
3. The brief facts of the case as narrated in the O.A. are that the husband of the applicant, namely Shri Gopal Verma, was serving as a Multi-Tasking Staff (Class IV) in the office of respondent no. 4 who died during the service period on 22.04.2017, leaving behind the applicant as his sole legal heir. Thereafter, the applicant submitted a representation dated 17.05.2017 before the competent authority seeking compassionate appointment under the Dying-in-Harness Rules. Vide letter dated 27.08.2021 issued by Chief Controller of Explosives, Nagpur, stating therein that there is no vacancies in the department, hence appointment cannot be given. Faced with this situation, applicant filed an O.A. no. 292/2022 before this Tribunal which was disposed of with the observation that the applicant should wait for sometime as post is not available. It is further averred that after a lapse of two years of aforesaid order, neither applicant was informed by the respondents about the availability of the post nor appointment is given. Hence, the Instant O.A.
4. Respondents have filed their short counter affidavit and submitted that at present total 10 applications are pending for compassionate ground appointment and there is no vacancy available.
ASHISH 2 KUMAR Therefore the case of applicant will be considered as soon as vacancies are available in the organization as per the existing rules.
5. I have heard the learned counsel for the parties.
6. Submission of learned counsel for the applicant is that applicant had approached earlier before this Tribunal through O.A. no. 292/2022 which was disposed of on dated 10.02.2023 with liberty to file fresh O.A., in case any appointment is made who is below the applicant. Referring to the annexure no. 10 of the O.A., learned counsel for the applicant argued that candidates disclosed at serial no. 6,7,8 namely Ku. Sweeti Baldev Chawla, Smt. Kalpana Ganesh and Shri Prasad Shingewar respectively have been appointed who were below the applicant and the applicant's case was never considered for appointment on compassionate ground. Thus, referring to the relief clause, it was argued that O.A. be disposed of at this stage itself directing the respondents to reconsider the applicant's candidature in the next CRC meeting as the death of the husband of the applicant took place on 22.04.2017 and deceased family is still in penurious condition.
7. Learned counsel for the respondents referring to the counter affidavit argued that no vacancy is available in the department after passing the order in the O.A. no. 292/2022, due to this reason, applicant's candidature could not be considered. He further argued that as soon as next CRC meeting will be held, applicant candidature will also be considered. To substantiate his argument, learned counsel for the respondents referred to the entire documents annexed with the counter affidavit.
8. I have considered the rival submissions and gone through the entire records.
9. Admittedly, the applicant's husband died on 22.04.2017 while working on the post of MTS in office of respondents. Perusal of the record also reveals that an application was moved for compassionate ASHISH 3 KUMAR appointment by the applicant in the year 2017. Applicant had approached before this Tribunal through O.A. no. 292/2022 which was disposed of on 10.02.2023 with the following directions:-
4. Therefore, it can be said that representation having no-any meaning because the result is available in the shape of order dated 27.08.2021. In view of this court, the applicant should wait for some time. If, any candidate whose name is below the applicant is appointed then the applicant may file a fresh OA before the Tribunal, otherwise subject to the availability of the post, the applicant may obtain the appointment from the respondents.
Accordingly, the OA is disposed of with such direction.
10. If the submissions raised on behalf of the respondents that no vacancy is available in the department and due to this reason no CRC meeting is held, is taken into consideration then in that circumstances also, applicant prayer to dispose off the O.A. for consideration of the candidature in the next CRC can be accepted and the O.A. may be disposed of with the aforesaid direction. In view of the above, O.A. is disposed of with the direction to the respondents to reconsider the candidature of the applicant in the next CRC meeting. All associated M.A. stand disposed of.
11. No costs.
(Justice OM Prakash VII) Member (J) Ashish ASHISH 4 KUMAR