Ashish Saroj vs Union Of India & Ors

Om Prakash VII, Member (J)

Shri S.K. Tiwari, learned counsel for the applicant and Shri Raj Pal Singh, learned counsel for the respondents are present.

By this original application, the applicant seeks the following reliefs :-

“ (i) The Hon’ble Tribunal may graciously be pleased to direct the respondents concerned to provide compassionate appointment to the applicant under dying in harness rule in place of his deceased father.

(ii) To pass any such and further order as deem fit and proper in the facts and circumstances of the case.

(iii) To issue award cost and compensation in favour of applicant.”

Learned counsel for the applicant states that the representation dated 10.01.2013 moved by the applicant for compassionate appointment on the death of his father (Khedan Lal Saroj) is still pending before the authority concerned.

Learned counsel for the applicant further states that he has already moved a delay condonation application alongwith the present OA.

Learned counsel for the applicant also submits that his grievance may be redressed if a direction is given to the respondents to consider and decide the pending representation dated 10.01.2013 of the applicant within a time bound manner.

Learned counsel for the respondents has vehemently opposed the prayer of the applicant. Referring page No. 29 and 30 of the OA, learned counsel for the respondents states that no application has been moved by the applicant in this regard. Due to this reason the authority concerned did not decide the prayer of the applicant for compassionate appointment.

Learned counsel for the applicant further states that the department concerned had also issued a letter dated 14.09.2022 directing the applicant to move a fresh application for compassionate appointment.

I have considered the rival submissions and gone through the entire record.

However, in view of the limited prayer made by learned counsel for the applicant, no fruitful purpose will be served in keeping this O.A. pending as no order has been passed on the part of the applicant either rejecting the claim for compassionate appointment as desired by learned counsel for the applicant. Accordingly, the OA is disposed of at this stage with direction to the competent authority amongst the respondents to decide the pending representation (if any) before them. In case no representation is pending, the applicant is directed to move a fresh representation before the competent authority within a period of 15 days from today and the authority concerned is directed to decide the same within a period of three months from the date of receipt of a certified copy of this order. The order so passed shall be communicated to the applicant without any delay.

No order as to costs.