IMPORTANT POINT
Compassionate appointments must adhere to established policies and cannot be claimed as a right; substitution of legal heirs is permissible under specific circumstances.

ORDER :

1. The petitioner has filed this writ petition challenging the inaction of the respondent authorities whereby case of the petitioner for grant of compassionate appointment has not been considered and decided till date even after submission of necessary documents.

2. The brief facts, as reflected from the records are that the petitioner is son of Shri Nestor Tirkey and his mother is Smt. Mukti Tirkey who is first wife of Shri Nestor Tirkey. She died on 14/05/1990, thereafter, petitioner’s father solemnized second marriage with one Smt. Lucia Tirkey. Petitioner’s father was initially appointed as Constable on 04/04/1987 and promoted as Head Constable in Railway Protection Force (RPF), SECR Bilaspur. On 11/11/2016 petitioner’s father was declared medically unfit in all categories of services in Indian Railway on Medical Grounds w.e.f. 11/11/2016 and on the basis of the findings of the Medical Board on 11/11/2016, followed by detailed medical report given by respondent No.5, the petitioner's father was given retirement on 15/03/2017. It has been further contended that petitioner’s father made an application before Respondent No.4 on 25/01/2018 to provide compassionate appointment to the petitioner. On 12/10/2018 petitioner’s father submitted details of living members of the family before respondent No. 4 and on 04/06/2019 submitted application cum declaration for employment assistance on compassionate ground in group 'C' and 'D'. The respondent authorities/SECR by communication dated 14/10/2019 directed the petitioner to submit details of legal heirs and NOC as well as consent in favour of the petitioner. In compliance of the same, the petitioner submitted NOC/ consent of all the legal heirs (living family members) on affidavit before respondent No.4. The petitioner has also submitted ‘National Trade Certificate' in Fitter Trade along with school certificates.

3. It has been further contended that despite furnishing each and every document as well as information demanded by the respondent authorities, the respondent authorities are acting arbitrary and contrary to the law applicable to the facts and circumstances of the case by not issuing appointment order to the petitioner on compassionate ground. Therefore, it has been prayed that the respondent authorities be directed to consider the case of the petitioner and grant him compassionate appointment. To substantiate his submission learned counsel for the petitioner has referred to policy/circular dated 14.06.2006 as well as circular No. 16 issued by the Ministry of Railways, Government of India which provide grant of compassionate appointment on medical ground.

4. The respondent/Union of India has filed their return not disputing regarding appointment and promotion and also the fact that petitioner’s father got medically de-categorized in all medical category with effect from 11/11/2016 vide CMS/BSP L/No. fpfd@oSdfYir 2016/2248 dated 21/11/2016, thereafter, he opted for Voluntary Retirement and retired from service w.e.f. 15/03/2017. It has been further contended that petitioner’s father had submitted two applications on 07/12/2016 & 25/04/2017 (consent letter) for compassionate appointment in favour of his second wife's son David Tirkey. Petitioner’s father submitted another application on 25/01/2018 along with all required documents seeking compassionate appointment in favour of his first son Deepak Kumar Tirkey duly cancelling his earlier application submitted for compassionate appointment for David Tirkey. The compassionate appointment in favour of the petitioner was initiated and was under process. In the meantime, both Sri Nestor Tirkey and his 2nd wife Lucia Tirkey submitted an application dated 04/09/2019 before respondents alongwith copy of order passed in MJC 150/2019 dated 13/07/2019 passed by the Family Court, Bilaspur wherein it has been considered that Sri Nestor Tirkey and Lucia Tirkey have expressed their consent that both of them are agreed to give compassion