Jitendra Kumar vs Union Of India & Ors

Mohan Pyare, Member (A)

Shri Anil Pratap Singh, learned counsel for the applicant and Shri Manoj Kumar Sharma, learned counsel for the respondents are present.

By means of this OA, the applicant has sought the following reliefs :

“ (i) Issue an order or direction in the nature of Mandamus directing the respondents to give compassionate appointment on any suitable post in Group ‘D’ in accordance with the assurance given by the office of respondent No.3 vide letter dated 01.04.2013.

(ii) Issue any other order or direction which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.

(iv) Award the cost of the original application.”

The brief facts of the case are that the father of the applicant Late Ram Nath who was posted as Superintendent in the Office of Central Excise, Custom & Service Tax, Division Varanasi and died during service on 06.04.2005. The Death Certificate dated 12.04.2005 (Annexure-A-1) is enclosed. The applicant submitted an application for appointment on compassionate ground on 09.09.2005 for the post of Inspector as he is holding degree of B.Sc. In the light of OM No.1014/19/2002 – Estt. (D) dated 05.05.2003, the claim of the applicant was not considered for want of vacancy (Annexure-A-2). The applicant made further representation dated 02.09.2012 (Annexure-A-4). In pursuance of the representation dated 02.09.2012, the applicant was informed that his application for appointment on compassionate ground is kept in waiting list for consideration in future (Annexure-A-5). On 29.12.2012, the applicant made further representation to consider him for appointment even in Group ‘D’ category post (Annexure-A-6). The competent authority informed the applicant that he is being considered on compassionate appointment for Group ‘C’ post and his name is kept in the waiting list. Now he has represented to reconsider for Group ‘D’ post for which necessary permission will be required from Respondent No.2 (Annexure-A-7). On 16.01.2013 (Annexure-A-8), he made further representation to respondent No.2. In Annexure-A-9, the name of the applicant was kept in the waiting list of Group ‘D’ post and his name was removed from the waiting list of Group ‘C’ post. Till date, he has not been given opportunity to join any Group ‘D’ post also. A letter was issued from Central Excise, Custom & Service Tax and by which the applicant was informed that as on date there is no vacancy in Group ‘D’ post. In future his name will be considered subject to vacancy in the Department.

In the Counter Affidavit, the respondents have submitted that the name of the applicant has been included in the list of other similar applicants and his case will be dealt further in accordance with the existing instructions of the Ministry as well as DOP&T Office Memorandum No.14014/6/94-Estt.(D) dated 09.10.1098 and 14014/23/99-Estt.(D) dated 03.12.1999. It is also mentioned that according to the scheme formulated vide O.M. dated 30.06.1987 as amended vide O.M. No.14014/6/94-Estt.(D) dated 09.10.1998 of Govt. of India compassionate appointment can be made up to a maximum of 5% vacancies falling under direct recruitment quota. It is further mentioned that earlier the applicant has applied for appointment in Group ‘C’ and letter has changed to Group ‘D’ then he has submitted that he should be considered for any of the post.

The applicant in his representation dated 02.09.2012 has mentioned that he should be appointed on compassionate ground in any available vacancy. The same is reproduced as below :-

Heard learned counsel for the parties and perused the record.

In the light of above discussions and the facts of the case, it would be sufficient to meet the ends of justice by directing the respondents’ concerned to consider the above representation i.e. 02.09.2012 by providing personal hearing to the applicant and pass reasoned and speaking order within a period of three months from the date of receipt of certified copy of this order.

With the above direction, the OA is disposed of. No order as to costs.