Vinod Sharma vs Union of India and Others

Hemant Gupta, J.

C.M. No. 1288 of 2014

Application is allowed

Affidavit of the petitioner is taken on record.

CWP No. 1437 of 2014

The challenge in the present writ petition is to an order passed by Central Administrative Tribunal Chandigarh Bench, Chandigarh on 18th November, 2013 whereby, an original application filed by the petitioner challenging the order dated 8th January, 2013 of the department declining the request of the petitioner for appointment on compassionate grounds was not interfered with. Ramesh Chander, father of the present petitioner was working as Postal Assistant. He died on 26th June, 2006 leaving behind his widow, two sons and two daughters. The mother of the petitioner made a request for appointment of the petitioner on compassionate grounds which was ultimately declined by the department on 8th January, 2013 on the basis of criteria circulated on 9th October 1998 Annexure P/5 and circular dated 20th January, 2010. As per such criteria petitioner secured 39 points, whereas, the last candidate amongst all the candidates considered for compassionate appointment secured 68 points.

The argument of the petitioner that he is a handicapped family member of the deceased and, therefore, he should be given preference for appointment on compassionate grounds. Such contention has been negated by the Tribunal for the reason that there is no reservation for handicapped dependant of the deceased for appointment on compassionate grounds.

We have heard learned counsel for the petitioner and find no merit in the present petition.

The committee constituted to consider the claim of the candidates for appointment on compassionate grounds considered the case of appointment of 27 dependants of the deceased employees. The criteria circulated gives different points to adjudge the financial condition of the family. The Tribunal relied upon Circular dated 20th January, 2010 wherein, it has been circulated that while considering request for appointment on compassionate grounds, a balanced and objective assessment of the financial condition of the family has to be made taking into consideration its assets and liabilities and all other relevant factors such as the presence of earning member, size of the family, ages of the children and the essential needs of the family etc. Such assessment is to assess the degree of indigence amongst all the applicants to be considered for appointment on compassionate grounds within prescribed ceiling of 5% of the direct recruitment vacancies. Such criteria is to the effect that needy amongst all the dependants is given appointment. On the basis of such criteria, the last candidate who has been offered appointment has secured 68 points against 39 points obtained by the petitioner. The process of consideration cannot be said to be suffering from any illegality or arbitrariness. The criteria has been applied uniformly amongst the dependants of the deceased Government employees in fair and reasonable manner. The petitioner claims preference in the category of the dependants seeking appointment. The physical disability of a candidate is not relevant for out of turn appointment on compassionate grounds. The petitioner would be at liberty to seek appointment as a physically handicapped person, as and when, the posts are advertised to fill up such vacancies, but he cannot seek any preference in the appointment as a dependant of the deceased employee. The weak financial condition is the primary fact to consider the claim of applicant.

We do not find any merit in the present writ petition. Consequently, the same stands dismissed.