Compassionate appointment is an exception to the general rule and cannot be claimed as a matter of right. It is a means to provide relief in cases of financial crisis and is not a source of recruitment.

JUDGMENT

V. Kameswar Rao (Oral)

1. The challenge in this writ petition is to an order dated February 07, 2023, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (in short `Tribunal') in O.A. 1663/2021, whereby the Tribunal has dismissed the O.A. filed by the petitioner herein.

2. The claim of the petitioner before the Tribunal was for grant of appointment of her son on compassionate basis. It is conceded position that the petitioner's husband was employed as Skilled Subordinate Staff (in short `SSF') with respondent No.3. In 2016, the petitioner's husband while working with Heavy Crane Load Machine, received serious injury due to fall of heavy hammer on his head. Similarly, on April 17, 2018, he received another cut injury on his leg during his working with respondent No.3. It is also the case of the petitioner that against the doctor's advice, the petitioner's husband was given heavy duty work. He became 100% disabled. It is conceded that he had superannuated on February 28, 2019 and died on July 26, 2019.

3. The case of the respondents before the Tribunal was that the challenge in the OA was primarily for appointment of the petitioner's son on compassionate basis which was rejected vide order impugned before the Tribunal. It was also the case that the object of the Scheme is to grant appointment on compassionate ground to the dependant family member of a Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood. As per rules, the disabled person has to make an application in the Department for compassionate appointment of any of his permissible legal representative only till the age of 55 (or 57 for Group D employees). As per Rule 38 of the CCS Pension Rules 1972, without prior consent of the Office In-charge, the disability certificate submitted would not be taken into consideration. It was their case that the petitioner's husband neither informed the Department of any disability nor submitted any valid disability certificate within prescribed time limit. In fact, they had stated that late husband of the petitioner had not even submitted any application in the Department for appointment of his son on compassionate ground. They also stated that the petitioner is getting family pension and the family is not in penury as having received retiral benefits on superannuation of her husband. The Tribunal on analysis of facts in para No.6 onwards has stated as under:

"6.1 In the present case, it is not disputed that the total length of service of applicant's husband was 39 years since 1980 and as a regular employee his length of service was 20 years 10 months and 27 days.

6.2 It is also not disputed that as per the Disability Certificate dated 18.01.2019, applicant was 100% disabled. On the date of application for grant of compassionate appointment, the applicant has retired from service on 28.02.2019. The applicant is seeking compassionate appointment of her son on the premise that the applicant's husband had acquired the disability during his service, and therefore, entitled to protection under Section 47 of the Disability Act, 2016. In the light of aforesaid provision, the applicant's son is entitled to get compassionate appointment under Section 20 read with Section 47 of Disability Act, 2016. The provisions of Disability Act, 2016 and aims thereto are prepared with a view to safeguard the rights and interests of disabled persons, which is clear from the aims and objects of the Disability Act, 2016 itself, which reads as under:

"OBJECT

The object of the Scheme is to grant appointment on compassionate grounds to dependent family member of a Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the Government servant concerned from financial destitution and to help it get over the emergency.

TO WHOM APPI