Rani Devi vs Govt. Of NCT And Ors

The applicant has filed this OA, seeking the following reliefs:-

"i. direct the respondents to grant compassionate appointment to the applicant in the interest of justice.

ii. pass any other order/orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

The applicant of this OA is mainly aggrieved by the impugned order dated 30.03.2016 of the respondents whereby her application for appointment on compassionate grounds has been rejected. He has challenged the said impugned order on the grounds that it has been passed without any reason whatsoever and that the respondents had not considered her application in accordance with the guidelines issued by the Government of India.

The respondents have filed their reply opposing the OA. They have contended in their reply that the case of the applicant, which was received from the administrative department concerned on 14.05.2015 was duly considered by the Screening Committee for the purpose of compassionate appointment in its meetings held on 04.01.2016, 13.01.2016 and 02.02.2016 and the Screening Committee, after considering the facts of the case, viz. pension being received, terminal benefits, liabilities, remaining service of the deceased Govt. servant, vacancy under 5% quota, etc. and DoPT Govt. of India Scheme for compassionate appointment and OMs as issued time to time, did not recommend her case.

They have further contended that decision of the Screening Committee was communicated to the applicant vide letter dated 30.03.2016.

The applicant in response to the reply has filed her rejoinder in which she has submitted that the Screening Committee has not applied the parameters as has been set out in OM dated 16.01.2013 and consequently, the consideration of the applicant for the appointment on Compassionate Appointment by the Screening Committee on 04.01.2016, 13.01.2016 and 02.02.2016 was not in consonance with the OM dated 16.01.2013. It is also submitted that the respondents had failed to state that how many points she had earned by applying the parameters set out in OM dated 16.01.2013 and also failed to state that what the point was earned by any applicant to qualify him for the appointment on compassionate grounds.

After hearing both the sides and perusing the record, we have examined the order dated 30.03.2016 passed by the respondents rejecting the case of the applicant for compassionate appointment, which reads as under:-

"I have directed to state that you application for compassionate ground has been considered by the committee appointed in its meeting dated 04.01.2016, 13.01.2016 and 02.02.2016. The members of the committee found that your application is not within the four corner of the guidelines issued by the Government of India, Department of Personnel and Training for Compassionate Appointment Scheme 1998. The guidelines and the Memorandum which available on the department's website i.e. http://persmin.nic.in. Since your application is not found according to the guidelines, orders. Hence, the committee does not recommend your application for compassionate appointment. Hence, the committee is not able to review the same."

From the above order, it is clear that though the respondents had not recommended the case of the applicant for compassionate appointment, but did not give any details of the points the applicant had earned vis-à-vis other candidates who applied by applying the parameters set out in OM dated 16.01.2013. Normally, we are not supposed to interfere with the recommendation of the Screening Commission constituted for compassionate appointment in light of the Nanak Chand v. Delhi Jal Board, 2007(140)DLT 489, but in the present case where there is no mention of points obtained by the applicant vis-à-vis other candidates who applied for compassionate appointment. Consequently, the order passed by the respondents 30.03.2016 is found to be non-speaking and is hereby quashed and set aside.

In view of the above factual position, the OA is allowed with direction to the respondents to pass a detailed and speaking order, giving details of the points obtained by the applicant vis-à-vis other candidates who had applied for compassionate appointment by applying the parameters set out in the DoPT OM dated 16.01.2013, within a period of 45 days of receipt of a copy of this order.

We also note that as per DoPT OM No.14014/02/2012-Estt.(D) dated 16.01.2013, if the applicant is not appointed on compassionate basis on their initial application, the applicant can, if she so desires, again apply for compassionate appointment. If any such fresh application is moved by the applicant, the respondents shall consider the same in the next meeting of the Compassionate Appointments Committee in terms of the aforesaid OM and inform the concerned party about the decision taken by the Compassionate Appointments Committee within one month of the said meeting.