AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 425 wordsMohan Pyare, Member (A)
Heard Shri D.K. Mishra, learned counsel for the petitioner and Shri Rajni Kant Rai, learned counsel for the respondents.
Present Contempt Petition has been filed against non compliance of the order dated 05.10.2020 in O.A./541/2020 by which respondent no.2 was directed to communicate the decision taken in the Board meeting on the representation of the applicant’s mother which is dated 02.11.2019.
Learned counsel for the respondent has submitted that the direction of this Tribunal has been complied with and the decision of the Board meeting on the representation of the applicant for compassionate appointment has been made available to him and it has been filed along with the compliance affidavit dated 20.06.2022. He states that the applicant has been found at sl. No.142 among other candidates on the basis of evaluation and he could not be given compassionate appointment due to the limited number of vacancies for the same. Thus, he submits that the compliance has been made and requested that the proceedings in the present contempt petition be closed and the notice be discharged.
Learned counsel for the petitioner objected and submitted that full compliance of the order of this Tribunal has not been made.
We have considered the rival submissions of learned counsel for the parties and perused the entire documents on record.
Learned counsel for the respondent has filed compliance affidavits dated 16.07.2021, 26.11.2021, 20.06.2022, 04.04.2024 and 06.03.2025. With the compliance affidavit dated 20.06.2022, the respondent has attached a copy of the Board proceedings as Annexure No.1 which shows that a Board of Officers, on 07.03.2022, have evaluated the documents submitted by the applicant in the light of the DoPT OM No.14014/02/2012--Estt.(D) dated 16.01.2013 along with 170 other eligible candidates. On the basis of weightage point, the applicant found place at serial no. 142 and due to the limited number of vacancies available for compassionate appointment, he was not given the appointment on compassionate grounds. The detailed evaluation of the case of the applicant has been attached with the compliance affidavit dated 06.03.2025 as Annexure 1. Thus, we are of the considered opinion that substantial compliance of the order of this Tribunal has been made as the decision of the Board meeting for compassionate appointment of the applicant has been made available to him. Thus, nothing remains to proceed with further in the matter and, accordingly, the proceedings in the present contempt petition are closed and the notice stands discharged.
All the pending Misc. Applications also stand disposed of. No costs.
