Central Administrative Tribunal - Jammu
Pranav Singh Chib vs D/O Post on 2 February, 2026
:: 1 :: O.A. 1018/2020
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 1018/2020
Reserved on:- 29.09.2025
Pronounced on: - 02.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
Pranav Singh Chib , Age 32 years, S/o Late Sh. Karan Singh,
R/o Gurah Singu , Shama Chak, Tehsil Marh, District Jammu.
...Applicant
(By Advocate: - Mr. Sudershan Sharma )
VERSUS
1. Union of India through Chief Postmaster General, Department
of Posts Jammu and Kashmir Circle , Jammu.
2. Senior Superintendent of posts Offices, Jammu.
HARSHIT YADAV
HARSHIT
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=
180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief
Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
YADAV [email protected], CN=HARSHIT YADAV
I am the author of this document
2026.02.02 15:40:45+05'30'
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3. Assistant Superintendent of posts , Akhnoor Sub Division,
Akhnoor ( Jammu).
...Respondents.
(By Advocate: - Mr. Raghu Mehta, Sr. CGSC )
HARSHIT YADAV
HARSHIT
C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=
180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief
Secretary Camp office Jammu Jandk", Phone=
f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f,
SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E=
YADAV [email protected], CN=HARSHIT YADAV
I am the author of this document
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
I) Prayer for commanding upon the respondents to consider the case of the applicant for his compassionate appointment in the department of the respondents in the given facts and circumstances of the case.
II) The Hon'ble Tribunal may kindly award such other reliefs as may be considered appropriate in the circumstances of the present case.
2. The facts of the case as averred by the applicant in his pleadings, are as follows: -
a) The applicant, Pranav Singh Chib, is a permanent resident of the Union Territory of Jammu & Kashmir and claims entitlement to protection of his statutory and constitutional HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 4 :: O.A. 1018/2020 rights under the Constitution of India. His mother, Smt. Shashi Kanta, was working as a Postal Assistant at Jammu Head Office under the Department of Posts. While in active service, she unfortunately passed away on 19.10.2015 due to sudden illness.
Upon her death, she left behind her husband and two sons, including the applicant
b) Soon after the demise of his mother, the applicant approached the respondent department seeking appointment on compassionate grounds, asserting that the family was left in financial distress. In furtherance of his request, the applicant completed and submitted the prescribed proforma along with requisite documents relating to compassionate appointment of dependents of government servants dying in harness.
c) The case of the applicant was thereafter forwarded by the Senior Superintendent of Post Offices, Jammu, to the Assistant Superintendent of Posts, Akhnoor Sub-Division, for verification and necessary action vide communication dated 13.10.2016. During the pendency of consideration of his case, the applicant HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 5 :: O.A. 1018/2020 suffered another personal setback when his father also passed away in January 2019, thereby leaving the applicant and his younger brother without parental support.
d) Following the death of his father, the applicant once again represented to the respondents on 12.03.2019, requesting reconsideration and expeditious finalization of his claim for compassionate appointment, highlighting the aggravated financial hardship of the family. According to the applicant, despite repeated approaches, his case remained undecided for a considerable period.
e) Ultimately, the applicant was informed vide communication dated 15.09.2020 that his case for compassionate appointment to the post of Postal Assistant had been considered by the Circle Relaxation Committee in its meeting held on 05.08.2020 but was not recommended due to non-availability of sufficient vacancies within the permissible quota.
f) The applicant has assailed the said decision as arbitrary and discriminatory, contending that the respondents, by order dated HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 6 :: O.A. 1018/2020 14.09.2020, had granted compassionate appointments to several other candidates for the post of Postal Assistant for different vacancy years ranging from 2015 to 2019. According to the applicant, the plea of non-availability of vacancies in his case is factually incorrect and reflects a pick-and-choose policy adopted by the respondents, thereby violating the principles of fairness and equality.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents, while contesting the Original Application, have raised preliminary objections and denied the allegations of arbitrariness or discrimination. It is stated that the applicant has not approached the Tribunal with clean hands and has suppressed material facts relevant for adjudication of the matter.
b) By way of brief background, it is admitted that the applicant's mother, Smt. Shashi Kanta, was working as a Postal Assistant HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 7 :: O.A. 1018/2020 in Jammu Postal Division and died in harness on 19.10.2015.
Upon her death, the family was paid all admissible terminal benefits amounting to ₹25,94,680/-. The applicant, being the son of the deceased employee, applied for compassionate appointment, and his case was processed strictly in accordance with the applicable scheme and guidelines.
c) It is averred that after completion of requisite formalities and verification at various levels, the applicant's case was placed before the Circle Relaxation Committee in its meeting held on 05.08.2020, along with other cases received from different postal divisions of the J&K Postal Circle. The consideration was undertaken as per the Scheme for Compassionate Appointment issued by the Government of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel & Training, which governs such appointments.
d) The respondents submit that compassionate appointment is not a matter of right and can be offered only to mitigate immediate financial hardship, subject to strict compliance with the ceiling HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 8 :: O.A. 1018/2020 of 5% of the vacancies falling under the direct recruitment quota in a recruitment year. During the relevant meeting, only six candidates out of seventeen eligible cases could be recommended due to the statutory ceiling, and the applicant was placed at serial number 16 in the merit list prepared on the basis of the prescribed merit point system.
e) It is further stated that the merit points were awarded to the applicant strictly in accordance with the 100-point scale prescribed by the Postal Directorate. The Circle Relaxation Committee considered all relevant factors, including family income, assets, terminal benefits, and overall financial condition. As the applicant scored comparatively lower merit points and sufficient vacancies were not available within the prescribed quota, his case could not be recommended at that stage.
f) The respondents deny the allegation of discrimination or pick-
and-choose policy and assert that the appointments made vide order dated 14.09.2020 were strictly in order of merit and HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 9 :: O.A. 1018/2020 within the permissible vacancy limit. The applicant was duly informed vide letter dated 15.09.2020 that his case would be reconsidered in future meetings of the Circle Relaxation Committee, subject to availability of vacancies and relative merit.
g) On these grounds, the respondents contend that the Original Application is devoid of merit, misconceived, and liable to be dismissed, as no violation of rules, guidelines, or constitutional principles has occurred in the consideration of the applicant's claim.
4. The applicants have filed their rejoinder to the reply statement filed by the respondents wherein they have averred as follows: -
a) The applicant, while reiterating and reaffirming all the averments made in the Original Application, respectfully submits the present rejoinder to controvert the reply filed by the respondents. The submissions made by the respondents, to the HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 10 :: O.A. 1018/2020 extent they are inconsistent with the facts pleaded herein, are emphatically denied.
b) At the outset, it is submitted that the respondents have attempted to justify their arbitrary action by taking shelter under the general principles governing compassionate appointment, without addressing the core grievance of the applicant, namely erroneous evaluation of merit points and discriminatory treatment vis-à-vis similarly situated candidates.
c) It is respectfully submitted that the Circle Relaxation Committee has grossly miscalculated and wrongly awarded merit points to the applicant, thereby relegating him to an artificially low position in the merit list. The respondents have failed to explain why the applicant was awarded only 22 merit points, despite the fact that his family circumstances warranted a much higher score under the applicable policy.
d) After the death of the applicant's mother in October 2015, the family pension was admittedly being drawn by the applicant's father. However, upon the subsequent death of the father in HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 11 :: O.A. 1018/2020 January 2019, the applicant and his younger brother were left without any earning member. In terms of the applicable guidelines, the applicant was entitled to be awarded 20 merit points under the head of absence of an earning member. The respondents, however, have wrongly awarded zero points, which is contrary to the scheme itself and demonstrates complete non-application of mind.
e) Further, the respondents have taken an erroneous stand with regard to the applicant's alleged income from agricultural land.
It is submitted that the applicant owns agricultural land measuring approximately 03 kanals at village Gurha Singhha, from which he receives an annual income of merely ₹6,000/-. This fact was duly disclosed by the applicant in the prescribed proforma. The respondents, however, have arbitrarily treated this nominal annual income as a monthly income, thereby denying the applicant the benefit of merit points under the income slab.
HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 12 :: O.A. 1018/2020
f) It is specifically submitted that the policy governing compassionate appointment does not clarify whether income from property is to be assessed on a monthly or annual basis. In such a situation, the interpretation ought to have been made in favour of the dependent applicant, particularly when the income is negligible and incapable of sustaining the family. On a correct and fair assessment, the applicant was entitled to at least 5 additional merit points under this head as well.
g) If the above two factors alone are correctly considered, the applicant would secure approximately 47 merit points, which would place him well within the zone of consideration and above several candidates who were ultimately recommended for appointment. The respondents have not denied this mathematical consequence and have instead attempted to divert the issue by invoking the general ceiling of 5% vacancies.
h) It is further submitted that the plea of non-availability of vacancies is factually incorrect and legally unsustainable, inasmuch as the respondents themselves issued an order dated HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 13 :: O.A. 1018/2020 14.09.2020 appointing multiple candidates to the post of Postal Assistant on compassionate grounds for vacancy years ranging from 2015 to 2019. The applicant's case, having arisen in 2015, was fully eligible to be considered within the same vacancy cycle.
i) The respondents' assertion that the selection was made purely on merit is belied by the incorrect award of merit points to the applicant. A selection process vitiated by wrong evaluation cannot be sustained merely by invoking administrative discretion. The allegation of "pick and choose" raised by the applicant is thus well-founded, as similarly placed candidates were extended the benefit of compassionate appointment, while the applicant was denied the same on untenable grounds.
j) The applicant further submits that compassionate appointment, though not a matter of right, cannot be denied arbitrarily or on the basis of incorrect factual assumptions. Once a scheme is framed and a merit-based assessment is prescribed, the HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 14 :: O.A. 1018/2020 authorities are bound to apply it fairly, uniformly, and transparently.
k) In view of the foregoing submissions, it is respectfully prayed that the reply filed by the respondents be rejected, the erroneous assessment of the applicant's case be declared illegal, and appropriate directions be issued to reconsider the applicant's case for compassionate appointment by correctly reassessing his merit points, in accordance with law and the governing policy
5. Heard learned counsel for the parties and perused the pleadings made by them.
6. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 praying for a direction to the respondents to consider and grant him compassionate appointment in the Department of Posts, asserting that his mother, who was working as Postal Assistant at Jammu, died in harness on 19.10.2015, and that the family thereafter faced financial hardship. The applicant further alleges that while his case was rejected on the HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 15 :: O.A. 1018/2020 ground of non-availability of vacancies, other candidates were appointed on compassionate basis vide order dated 14.09.2020, thereby rendering the action discriminatory and arbitrary
7. In substance, the applicant's case is that he applied after his mother's demise, completed formalities, and continued to pursue the matter. During pendency, his father also expired in January, 2019. The applicant claims he is dependent on family pension, has responsibility of his unemployed younger brother, and that the respondents have adopted a "pick and choose" policy by appointing other candidates but denying him appointment. He also disputes the assessment of merit points, alleging wrong evaluation regarding (i) earning member/family pension head, and (ii) income from agricultural land being treated incorrectly.
8. The respondents have contested the OA and pleaded that compassionate appointment is governed by the DoP&T scheme and departmental instructions; it is not a matter of right; it is limited to 5% of the direct recruitment quota; the applicant's case was duly processed, verified and placed before the Circle Relaxation HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 16 :: O.A. 1018/2020 Committee (CRC) in its meeting dated 05.08.2020; only 6 out of 17 cases could be recommended due to the ceiling and vacancy position; and the applicant ranked low in the merit list (stated to be at serial no.
16). It is further pleaded that the applicant was informed vide letter dated 15.09.2020 that his case was not recommended due to non- availability of sufficient vacancies and that, as per departmental instructions, the case would be considered again in the next CRC, subject to merit and ceiling. The allegation of discrimination is denied.
9. Upon hearing learned counsel for the parties and perusing the record, the following questions arise for consideration:
(i) Whether the applicant can claim compassionate appointment as a matter of right merely because his mother died in harness and other candidates were appointed in the same year?
(ii) Whether the decision of the CRC dated 05.08.2020, resulting in non-recommendation of the applicant due to limited vacancies/ceiling and comparative merit, warrants judicial interference?
(iii) Whether the alleged error in award of merit points, in the facts of HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 17 :: O.A. 1018/2020 the case, justifies quashing of the decision and issuance of a mandamus to appoint the applicant?
10. The legal position governing compassionate appointment is well settled. Compassionate appointment is an exception to the normal rule of public employment and is intended only to meet immediate financial caused by the death of an employee in harness. It is not a vested right, nor a mode of recruitment to be claimed on parity or as a matter of course. The appointing authority must act strictly in terms of the governing scheme, eligibility conditions, comparative assessment and availability of vacancies within the prescribed ceiling. The Supreme Court has consistently held that compassionate appointment cannot be granted dehors the scheme, and courts/tribunals should not substitute their view for the administrative assessment where the authority has acted under the policy and within the prescribed limits (Umesh Kumar Nagpal v. State of Haryana, State Bank of India v. Raj Kumar, N.C. Santhosh v. State of Karnataka).
11. In the present case, it is not in dispute that the applicant's mother died on 19.10.2015 while in service. It is also not in dispute that the HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 18 :: O.A. 1018/2020 applicant applied for compassionate appointment and his case was processed. The respondents have placed a consistent stand that the case was ultimately considered by the competent CRC in the meeting held on 05.08.2020 along with other cases across the postal circle and that recommendations were confined to the number of vacancies permissible under the 5% ceiling.
12. The applicant's principal attack is two-fold: (a) he alleges discrimination because other candidates were appointed vide order dated 14.09.2020, and (b) he alleges that he was wrongly awarded lesser merit points (22) due to incorrect treatment of family pension/earning member status after his father's death and due to treating annual agricultural income as monthly.
13. So far as the first limb is concerned, the mere fact that some candidates were recommended/appointed does not by itself establish discrimination. Compassionate appointment under the postal scheme is not granted on a "first come first serve" basis, but on relative assessment through a structured merit point system and within the vacancy ceiling. Appointments made within the permissible quota on HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 19 :: O.A. 1018/2020 the basis of higher merit points cannot automatically confer a right on every other applicant to be appointed, nor can the Tribunal issue a mandamus to appoint by ignoring the comparative merit list and the statutory/administrative ceiling.
14. Coming to the second limb, i.e., alleged wrong evaluation of merit points: it is true that if an authority demonstrably misreads material data, ignores relevant factors, or commits a patent error apparent on the face of record, judicial review may intervene to ensure that the decision-making process is fair, non-arbitrary and in accordance with the scheme. However, the scope of judicial review in such matters remains limited. The Tribunal does not sit as an appellate authority over the comparative assessment undertaken by the CRC, particularly when the assessment is based on documentary information and the committee's uniform yardsticks.
15. In the present case, the applicant's grievance essentially calls upon this Tribunal to re-compute the merit points and then to infer that he would have been within the zone of recommendation. Such an exercise would require this Tribunal to enter into disputed factual HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 20 :: O.A. 1018/2020 evaluation of the scoring methodology and data feeding, something which is ordinarily best left to the competent departmental authority under the scheme. The Tribunal can interfere only if the decision is shown to be vitiated by mala fides, patent illegality, or total non- application of mind. On the record before us, the respondents have shown that the applicant's case was considered by the CRC on 05.08.2020, and that he was not recommended due to limited vacancies and comparative merit. The respondents have also pleaded that the case would be considered in the next CRC meeting subject to ceiling and merit. This indicates that the process contemplated by the scheme has not been shut out permanently.
16. It is also material that compassionate appointment is intended to provide immediate succour to the bereaved family. In the present matter, the death occurred in October 2015, and the case was considered by the CRC in August 2020. While the applicant attributes the delay to the respondents, the pleadings also reflect correspondence and verification from various authorities. In any case, the passage of time itself reinforces that compassionate appointment cannot be HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 21 :: O.A. 1018/2020 converted into an alternate channel of public employment unmoored from the object of immediate relief. Courts have repeatedly cautioned that compassionate appointment cannot be claimed after substantial lapse of time as if it were a hereditary right.
17. Therefore, on an overall conspectus, we are of the view that the decision of the CRC not to recommend the applicant at that stage owing to vacancy ceiling and comparative merit does not warrant interference in judicial review. The prayer for a direction to appoint the applicant on compassionate grounds cannot be granted.
18. For the reasons recorded hereinabove, the Original Application is dismissed.
19. Nevertheless, in order to balance equities and to ensure fair administrative consideration strictly under the scheme, it is observed/clarified that:
(i) If the applicant submits a fresh, concise representation to respondent no.1 specifically pointing out the alleged computational/clerical errors in assessment, along with supporting HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30' :: 22 :: O.A. 1018/2020 documents, the competent authority may examine the same only for the limited purpose of verifying whether any apparent factual error in data-entry/arithmetical computation occurred, without treating this order as a direction to appoint.
(ii) The respondents shall remain at liberty to consider the applicant's case in the next CRC, subject to the governing scheme, the merit point system, and the 5% ceiling/quota, as already indicated in their communication.
20. No order as to costs.
(RAJINDER SINGH DOGRA) Judicial Member /harshit / HARSHIT YADAV HARSHIT C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode= 180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", Phone= f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, E= YADAV [email protected], CN=HARSHIT YADAV I am the author of this document 2026.02.02 15:40:45+05'30'