Central Administrative Tribunal - Mumbai
Swapnil Gajanan Pounikar vs Employees Providend Fund Organisation ... on 26 March, 2026
1 OA No.749/2024
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, CAMP AT NAGPUR
ORIGINAL APPLICATION No.749/2024
Dated this Thursday the 26th March, 2026
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
Shri Swapnil Gajanan Pounikar, Nagpur
R/o Plot No.59, K.H. No.129/3, P.H.
No.35, Mouza Bahadura, Tah. (Nagpur
Rural). Dist. Nagpur
Mob:-9552463848 -Applicant
(By Advocate Shri Narendra Kane)
Versus
1. The Union of India through the
Secretary, Ministry of Labour New Delhi
110 001.
2. The Central Provident Fund
Commissioner, EPFO, Head Office,
Bhicaji Kama Place, New Delhi - 110 066
3. The Regional Provident Fund
Commissioner-I, "Bhavishya Nidhi
Bhavan" Raghuji Nagar
Nagpur 440 009. - Respondents
(By Advocate Shri R.K. Maheshwari)
Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082,
pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber=
Rashmi
5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a
4527c20, telephoneNumber=
bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1
1e5f3ff, title=0779
Reason: I am the author of this document
ORDER
Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 to quash and set aside the direction of the 2 OA No.749/2024 respondents rejecting his application for compassionate appointment and to direct the respondents to reconsider his application for compassionate appointment after correcting the scores awarded to the applicant and consider him for compassionate appointment.
2. Brief facts of the case are that the father of the applicant late Shri Gajanan Lakaduji Pounikar, who was working as Peon in the Employees Provident Fund Organisation (EPFO), Regional Office, Nagpur, expired on 30.09.2019 in harness. The family members filed an application for compassionate appointment in favour of the applicant on 27.11.2019. Regional Provident Fund Commissioner-1, Regional Office, Nagpur vide his letter dated 31.05.2022 informed the applicant that his application for compassionate appointment was not accepted by Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= the competent authority. The applicant sought Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 information under RTI Act regarding Minutes of Zonal Screening Committee on the action taken on the compassionate appointment and the same was 3 OA No.749/2024 provided on 06.07.2023 and numerical evaluation of the family's financial status was made available to the applicant on 13.07.2023 under RTI.
2.1 It is the case of the applicant that the income from movable and immovable properties of the family were evaluated at more than Rs. 20 Lakhs. Hence, as per evaluation process adopted, the applicant was awarded zero point on a scale of 0 to 20. The applicant claims that evaluation was made without carrying out any independent verification by the authorities. 2.2 It has been submitted that the immovable property claimed is located in Bahadura Gram Panchayat Nagpur (Rural). The deceased employee late Shri G.L. Paunikar, father of the applicant was not the owner of the property by virtue of any legal conveyance deed. He hold a power of Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= attorney (POA) in respect of the said plot. The Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 ownership of which, still stands in the name of some outsiders. Therefore, the applicant obtained valuation report from the Government 4 OA No.749/2024 approved registered valuer who valued the land and building at Rs.8.67 lakhs. Out of which, he has valued the land as per government ready reckoner rate at Rs.1.23/- lakhs and construction Rs.7,43,880/- totaling to Rs.8,67,000/- only. The applicant contends that the valuer has not considered the fact that in the absence of a proper registered sale deed, the fair market value of the property would be less than the government assessed value.
Similarly, the cost of construction assessed at Rs.7.43/- lakhs based on the approved CPWD rates is on the higher side because the quality of a CPWD supervised building is better than an unauthorized structure without any sanction/supervision of local town planning authorities. Hence, even the cost of construction would come down.Digitally signed by Rashmi
DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= 2.3 The applicant contends that the value of Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 the property can be reasonably placed between 5 to 8.67 lakhs and in any case, it cannot exceed Rs.20/-lakhs as estimated by the authorities. 5 OA No.749/2024 Therefore, the value adopted by the screening committee of movable and immovable properties in exceeding Rs.20 lakhs is factually incorrect. The application of the applicant needs to be reassessed by correcting his score between 06 to 09 as per the EPFO's guidelines. Since the respondents have not accepted the candidature of the applicant based on the wrong appreciation of facts, the applicant has approached this Tribunal.
3. After issuance of notice, the respondents have filed their reply and contested the OA.
3.1 It has been submitted that the deceased employee Mr. Gajanan L. Paunikar, who was an employee of EPFO, Regional Office, Nagpur died on 30.09.2019. Application for appointment on compassionate ground for MTS was received from Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= the applicant and the said proposal was referred Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 to the Zonal Screening Committee. The Zonal Screening Committee has submitted the report wherein it has been informed that Zonal 6 OA No.749/2024 Screening Committee had examined all documents and guidelines for compassionate appointment and found that the said proposal of the applicant is not fit for recommendation for appointment to the post of MTS.
3.2 It has been submitted that the points are allotted for Movable and Immovable property by the Regional Office on the basis of documents and information provided by the applicant and his family. The same is forwarded to Zonal Screening Committee (ZSC) on the basis of which the Zonal Screening Committee decided the case.
The points given for Annual Income of earning members and income from property is 5 out of 5 as there is no income of any of the family members and there is no income from property.
The points given as 'zero' for the value of movable/immovable property which is given as Rs.
Digitally signed by RashmiDN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= 25,00,000/- in the declaration of the widow of Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 the deceased member and the same is mentioned in the Enforcement Officer's Report and Welfare Officer's Report.
7 OA No.749/2024
3.3 It has been submitted that the points
given as 'zero' for the value of
movable/immovable property which is given as Rs.
25,00,000/- in the declaration of the widow of the deceased member and the same is mentioned in the Enforcement Officer's Report and Welfare Officer's Report. The value of movable/immovable property which is given as Rs.25,00,000/- in the declaration of the widow of the deceased member, therefore, the onus of proof lies on appellant only. The welfare officer had taken the value of the property as declared by the widow of the deceased employee. The Welfare Officer has given his report on the basis of the documents submitted by the applicant and available on record and followed all the guidelines issued by EPFO on time to time.
Digitally signed by RashmiDN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= 3.4 It has been submitted that verification Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 report (Annexure R-1) has been submitted by the Enforcement Officer R.O. Nagpur on 16.09.2021 to Regional Office Nagpur, with reference to the 8 OA No.749/2024 directions issued vide office Note dated 06.09.2021 and in the said verification report, the widow of deceased employee has submitted a letter stating that the approximately market value of the property is Rs.25,00,000/- (Twenty Five Lakh).
3.5 It has been submitted that the details are matter of fact and onus of proof lies on applicant only. The value of the property is given by the family member in their declaration and now they are contesting the same by producing the valuation report given by property valuer. The decision is given on the basis of documents given by the family member and is correct. Now the family members are deviating from their own statement, therefore, this situation is created. The said document which is mentioned in the said paras have not at all been Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= produced by the applicant at the time of Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 submitting claim proposal for appointment of compassionate ground and documents submitted by the applicant in the said O.A are created after 9 OA No.749/2024 the decision of the authority for making the decision in their favour.
3.6 It has been submitted that the declaration submitting by the widow of the deceased member at the time of submitting the claim is the basis of the points allotted to the applicant.
3.7 It has been submitted that the Zonal Screening Committee had examined all documents which were submitted by the applicant and after examining the same and the extant guidelines for compassionate appointment and found that the said proposal of the applicant is not fit for recommendation for appointment to the post of MTS in EPFO Regional office Nagpur.
3.8 It has been submitted that the P.O.A is prepared in the year 2005and father of applicant died on 30.09.2019 and the valuer has given the Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= report in the name of Gajanan Pounikar, father Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 of the applicant as a "Owner", therefore the applicant is suppressing the material fact on record.10 OA No.749/2024
In view of the above facts, it has been submitted that the applicant is not eligible for appointment on compassionate ground and, therefore, the OA deserves to be dismissed.
4. The applicant has not filed any rejoinder to the affidavit in reply filed by the respondent.
5. During arguments, learned counsel for both the sides have argued their case on the basis of the pleadings.
6. I have considered the submission of learned counsel for both the sides and perused the pleadings and documents filed on record.
7. It is the case of the applicant that the value of the immovable property taken by the respondents at Rs. 25,00,000/- which resulted in grant of zero marks for immovable property is not correct, as the value of the House cannot Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= exceed Rs. 20,00,000/- as cost of construction Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 is Rs. 8,67,000/- only and the plot was acquired by way of Power of Attorney and construction was below the standard of the CPWD and therefore, 11 OA No.749/2024 the total value cannot exceed Rs. 20,00,000/-.
8. The respondents on the other hand have submitted that the applicant himself has declared the value of the property at Rs.
25,00,000/-.
9. The applicant has not filed any rejoinder to the affidavit in reply submitted by the respondents. Thus, the submission of the respondents that the applicant himself has declared value of property at Rs. 25,00,000/-
has not been rebutted by the applicant.
10. I find on perusal of hand written application of the applicant at page 94 of the OA that in the letter written to Regional Provident Fund Commissioner, she has mentioned that the present value of the property is about Rs. 25,00,000/-.
11. Thus, I do not find any merit in the Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= claim of the applicant that value of the Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 property was taken on the higher side as there is no dispute on award of points on any other account. The respondents have duly considered 12 OA No.749/2024 the case of the applicant as per extant scheme on compassionate appointment and then rejected her claim. Therefore, I do not find any error in the impugned communication.
12. The compassionate appointment is not a matter of right. The scheme is meant to provide immediate successor to the family who may face sudden financial crisis due to sudden demise of the sole earning member of the family.
13. The Hon'ble Supreme Court in Civil Appeal No. 6938 of 2022 in the case of The State of Maharashtra & Anr. Vs. Ms. Madhuri Maruti Vidhate decided on 30.09.2022 has held that compassionate appointment is an exception to the general rule of appointment in the public services and is in favour of the dependent of a deceased dying in harness and leaving his family in penury and without any means Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= of livelihood. In such cases, out of pure Rashmi 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0 humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not 13 OA No.749/2024 be able to meet both ends meet, a provision is made in the rules to provide gainful employment to one of the dependents of the deceased who may be eligible for such employment. The whole object of granting compassionate appointment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased.
14. It will be helpful to extract herein Para 3 to Para 6 of the judgment which reads as under:
"3. While considering the issue involved in the present appeal, the law laid down by this Court on compassionate ground on the death of the deceased employee are required to be referred to and considered. In the recent decision, this Court in the case of Director of Treasuries in Karnataka and Anr. Vs. V. Somyashree, 2021 SCC Online SC 704, had occasion to consider the princip le governing the grant of appointment on compassionate ground. After referring to the decision of this Court in N.C. Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= Santhosh Vs. State of Karnataka, (2020) 7 Rashmi SCC 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' 617, this Court has summarised the princi Foxit PDF Reader Version: 2025.3.0 ple governing the grant of appointment on compassionate ground as under:-
(i) that the compassionate app ointment is an exception to the general r ule;
(ii) that no aspirant has
14 OA No.749/2024
a right to compassionate appoin
tment;
(iii) the appointment to any
public post in the service
of the State has to be made on
the basis of the principle in
accordance with Articles 14 and 16 of the Constitution of India;
(iv) appointment on compassionate ground can be made only on fulfilling the norms laid down by the State's policy and/or satisfaction of the eligibility criteria as per the policy;
(v) the norms prevailing on the date of the consideration of the application should be the basis for consideration of claim for comp assionate appointment.
4. As per the law laid down by this Court in catena of decisions on the appointment on compassio nate ground, for all the government vacan cies equal opportunity should be provided to all aspirants as mandated under Artic les 14 and 16 of the Constitution. Howeve r, appointment on compassionate ground of fered to a dependent of a deceased employ ee is an exception to the said norms. The compassionate ground is a concession and not a right.
6.1 In the case of State of Himachal Pradesh and Anr. Vs. Shashi Kumar reported in (2019) 3 SCC 653, this Court had an occasion to consider the object and purpose of app ointment on compassionate ground and Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= considered the decision of this Court in Rashmi the case of Govind Prakash Verma Vs. 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' LIC, reported in (2005) 10 SCC 289, in Foxit PDF Reader Version: 2025.3.0 paras 21 and 26, it is observed and held as under: -
"21. The decision in Govind Prakash Verma [Govind Prakash Verma v.
LIC, (2005) 10 SCC 289, has been consider ed subsequently in several decisions. But, before we advert to those decisions, it 15 OA No.749/2024 is necessary to note that the nature of compassionate appointm ent had been considered by this Court in Umesh Kumar Nagpal v. Stateof Haryana [Umesh Kumar Nagpal v.
State of Haryana, (1994) 4 SCC 138]. The principles which have been laid down in Umesh Kumar Nagpal [Umesh Kumar Nagpal v. State of Haryana, (1994) 4 SCC 138] have been subsequently followed in a consistent line of precedents in this Court. These principles are encap sulated in the following extract: (Umesh Kumar Nagpal case [Umesh Kumar Nagpal v. State of Haryana, (1994) 4 SCC 138], SCC pp. 139-40, para 2) "2. ...As a rule, appointments in the publi c services should be made strictly on the basis of open invitation of applicati ons and merit. No other mode of appointment nor any other consideration is permissible. Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in favour of the dependants of an employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into c onsideration the fact that unless some so urce of livelihood is provided, the famil y would not be able to make both ends meet,a provision is made in the rules to Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= provide gainful employment to one of the Rashmi dependants of the deceased who may be 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' eligible for Foxit PDF Reader Version: 2025.3.0 such employment. The whole object of gran ting compassionate employment is thus to enable the family to tide over the sudden crisis.
The object is not to give a member of suc h family a post much less a post for post held by the deceased. What is further, 16 OA No.749/2024 mere death of an employee in harness does not entitle h is family to such source of livelihood. T he Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is onl y if it issatisfied, that but for the pro vision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in non-
manual and manual categories and hence t hey alone can be offered on compassionate grounds, the object being to relieve the family, of the financial destitution and to help it get over the emergency. The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such depend ant of the deceased employee in such post s has a rational nexus with the object sought to be achieved viz. relief against destituti on. No other posts are expected or requir ed to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of t he deceased there are millions of other families which are equally, if not more destitute. The exception to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the change i n the status and affairs, of the family engendered by Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= the erstwhile employment which are sudden Rashmi ly upturned."
5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' Foxit PDF Reader Version: 2025.3.0
26. The judgment of a Bench of two Judges in Mumtaz Yunus Mulani v.
State of Maharashtra [(2008) 11 SCC 384] has adopted the princ iple that appointment on compassionate gr ounds is not a source of recruitment, but a means to 17 OA No.749/2024 enable the family of the deceased to get over a sudden financial crisis. The financial position of the family would need to be evaluated on the basis of the provisio ns contained in the scheme. The decision in Govind Prakash Verma [Govind Prakash Verma v. LIC, (2005) 10 SCC 289 : 2005 SCC (L&S) 590] has been duly considered, but the Court observed that it did not appear that the earlier binding precedents of this Court have been taken note of in that cas e."
5. Thus, as per the law laid down by this Court in the aforesaid decisions, compassionate appointment is an exception to the general rule of appointment in the public services and is in favour of the depende nts of a deceased dying in harness and leaving his family in penury and without any means of livelihood, and in such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. The object is not to give such family a post much less a post held by the deceased.
7.1 Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand, to appoint the respondent now on compassionate ground Digitally signed by Rashmi DN: C=IN, CN=Rashmi, O=Personal, ST=Delhi, postalCode=110082, pseudonym=e43eb0e1e71d4e88b0ea71809694b4a7, serialNumber= shall be contrary to the object and Rashmi purpose of appointment on compassionate 5482fa3c129a1d4f404f610355a98ceb9582ace2c33499b071497409a 4527c20, telephoneNumber= bdfff08227607de07cc8a71f87733e1252492d43dbcae4331895b03a1 1e5f3ff, title=0779 Reason: I am the author of this document Location:
Date: 2026.04.10 10:14:50+05'30' ground. The respondent cannot be said to Foxit PDF Reader Version: 2025.3.0 be dependent on the deceased employee, i.e., her mother. Even otherwise, she shall not be entitled to appointment on compassionate ground after a number of ye ars from the death of the deceased employ ee.18 OA No.749/2024
6. Under the circumstances and in the facts and circumstances of the case narrated hereinabove, the Tribunal as well as the High Court have committed serious error in directing the appellants to appoint the respondent on compassionate ground. The judgment and order passed by the Tribunal confirmed by the High Court directing the appellants to consider the case of the respondent for appointment on compassionate ground after a number of years is unsustainable."
15. Considering the facts and circumstance of the case and the law laid down by the Hon'ble Apex Court, I do not find any merit in this OA and therefore, the same is liable to be dismissed and is accordingly dismissed.
16. Pending MAs, if any, stands disposed of.
There shall be no orders as to costs.
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