Sheela Devi And Anr vs Union Of India And Ors

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

"(a) To quash and set aside the impugned order dated 18.10.17 (Annexure A-1) directing the respondents to consider for granting compassionate appointment to applicant against any suitable post peon/chowkidar or other post if Khalasi post is not available.

(b) To pass any other or further order as this Hon"ble Tribunal may deem fit and proper in the facts and circumstances of the case."

The brief facts of the case are that this is the second round of litigation. Earlier, the applicants had filed an OA No. 91/2015 challenging the impugned order dated 02.06.2014 whereby the claim of the applicant for appointment of applicant no.2 on compassionate grounds had been rejected on the sole ground that he is a married son of the deceased. The said OA was allowed by the Tribunal on 20.09.2016 with the following directions:-

"2. The first applicant is the widow of late Shri Tula Ram, who died in harness while working as Group „D" employee on 06.08.2003. The request of the second applicant, who is the son of late Shri Tula Ram, seeking appointment on compassionate ground was rejected by the respondents vide impugned Annexure A/1 dated 02.06.2014 on the sole ground that he is a married son of the deceased. The respondents themselves issued Office Memorandum No. 14014/02/2012-Estt.(D) dated 05.09.2016 whereunder it is categorically stated that the married son of the deceased employee is also entitled for consideration of appointment on compassionate ground.

In the circumstances, the OA is allowed and the impugned order dated 02.06.2014 is quashed. The respondents are directed to consider the case of the second applicant for appointment on compassionate ground against any suitable post, along with all other eligible persons, as per rules.

No costs."

Pursuant to the aforesaid order, the respondents had considered the case of the applicant no.2 for the post of Khalasi in the Compassionate Appointment Board (CAB) meeting held on 28.09.2017 but could not be selected on the post of Khalasi which was conveyed by the respondents vide their order dated 18.10.2017. The applicant has alleged that the said impugned order had been passed without any cogent reason and has filed the present OA challenging the quashment of the aforesaid impugned order.

The respondents, while contesting the OA, have filed their CA in which they have submitted that the compassionate appointment is made on merit basis on set criteria, i.e., economic condition, family liabilities, movable/immovable property and terminal benefits etc. for notified vacancies. They have contended that in compliance with the directions of the Tribunal in OA No. 91/2015, the claim of the applicant was duly considered in the meeting of the CAB on 28.09.2017 on merit but he could not secure appointment on merit in notified vacancies. They have also submitted that if the applicant intends to apply for other posts he may apply for the notified posts as and when notification is issued by the competent authority. Hence, the respondents have prayed for dismissal of the OA.

After hearing the learned counsel for the parties and perusing the pleadings available on record, it becomes clear that Compassionate Appointment Board in its meeting held on 28.09.2017 had duly considered the case of the applicant being married son on merit in compliance with the directions of the Tribunal in OA No.91/2015 and the respondents, vide their order No.10(3)/DCEC-I/E-3/17-187/2284 dated 18.10.2017, had passed the following orders:-

".....The case of the applicant has been received through Dy. Director General Coordination, North Region, New Delhi vide letter No.9(14)/DDG(Cord)/NR/LDC/E-6/536 dated 29.09.2017. Returning the file back it is intimated that the matter of the applicant had been considered in the compassionate appointment board (CAB) meeting held on 28.9.2017 but he could not be selected on the post of Khalasi.

In future after issuance of notification on compassionate ground from the office of DDG Coordination North Region. In this respect while forwarding the file if many may be ensured that Economic condition, family condition, movable and immovable property, related to this fresh applicant. Copy of PPO order related to terminal benefits and caste certificates in case of SC should be accompanied with the file.

Information in this respect may be sent to the applicant."

From the above order, quite clearly, the respondents had also ensured that the application in respect of the fresh applicant for appointment on compassionate basis be forwarded with duly filled in application, giving details of his economic condition, movable and immovable property etc. It also becomes clear that the claim of applicant no.2 being the married son of the deceased employee for appointment on compassionate in this matter has been fairly considered by the respondents in terms of the Office Memorandum No. 14014/02/2012-Estt.()D) dated 05.098.2016. However, once the respondents have fairly considered the claim of the applicant for appointment on compassionate grounds, it is not open to the Tribunal to question the decision of the respondents, except if they have not followed the rules laid down for compassionate appointment fairly in light of the decision of the Hon"ble High Court in the case of Nanak Chand v. Delhi Jal Board, 2007(140)DLT 489 which reads as under:-

"14. The mandate of the Supreme Court is very clear from the aforestated judgments that it is not for the High Court in exercise of its powers under Article 226 of the Constitution of India to interfere with the decision arrived at by the competent authority while considering the eligibility of an applicant for appointment on compassionate basis and all it can do is to see whether the decision of the competent authority is vitiated. Having scrutinized the cases in hand in the aforesaid background, this Court does not consider it appropriate to interfere with the findings of facts and the conclusion arrived at by the competent authority."

However, this Court is well aware that DoPT has issued a consolidated instructions with regard to compassionate appointments vide OM No.14014/02/2012-Estt.(D) dated 16.01.2013. Hence, liberty is given to the applicant no.2, if he so desires, to again apply for appointment for the notified posts on compassionate grounds along with the requisite duly filled in form, detailing the particulars regarding his economic condition, movable and immovable properties & annual income earned therefrom etc.. 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 the decision so taken shall be communicated to the applicant within 60 days from the date of the decision of the Screening Committee.

With the above directions, the OA is dismissed. No costs.