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AMIT RAWAL, K. V. JAYAKUMAR
A. G. Ajayakumar, S/o. Late C. Gopalan – Appellant
Versus
Chief Post Master General, Department Of Posts India, Kerala Circle – Respondent
JUDGMENT :
(K.V. Jayakumar, J.)
This Original Petition is directed against the order of the Central Administrative Tribunal, Ernakulam Bench in O.A.No.22/2018 dated 11.07.2018. The petitioner herein is the applicant before the learned Tribunal. The Tribunal, by the impugned order, has rejected the claims of compassionate appointment of the applicant.
2. The facts necessary for disposal of this Original Petition in brief are as follows:
The petitioner, Sri.A.G.Ajayakumar, is the son of Sri. C. Gopalan who died on 03.03.2007 while working as Postman in Pulpally, Waynad. After his father’s death, petitioner applied for employment assistance under the Compassionate Employment Scheme on 03.05.2007. The 1st respondent/Chief Post Master General had not considered the request of the petitioner’s employment assistance in the Compassionate Employment Scheme.
3. The petitioner is the younger son of the deceased Government servant. Other legal heirs of the deceased Gopalan are the petitioner’s mother and elder sister. They relinquished the claim for compassionate employment and none of the other dependents of the deceased Government servant has availed the benefit of employment under the Scheme.
4.
Compassionate appointment is an exception, not a right, intended for immediate relief to families in financial crisis following the death of a breadwinner, and delays in application undermine this pu....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Compassionate appointment is not a right but a concession for immediate financial distress following a government employee's death, and cannot be claimed after significant delay.
Compassionate appointments are not a vested right and must address immediate financial need, as long delays undermine claims.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
The main legal point established in the judgment is that the application for compassionate appointment should be reasonable and proximate to the time of the death of the bread earner, and the process....
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