Compassionate appointments must be timely and are not a right; delays undermine claims for relief intended to address immediate financial crises.

ORDER (FINAL)

PER: JUSTICE B.K. SHRIVASTAVA, MEMBER (J)

This O.A has been filed on 24.07.2024 for quashment of the order dated 21.02.2024 (Annexure A – 4) issued by Respondent No. 4 and the order dated 02.04.2024 (Annexure A – 5) issued by Respondent No. 4. By the aforesaid order (Annexure – A4) the request made by the applicant for “compassionate-appointment’ has been rejected and by Annexure A – 5 the request for reconsideration submitted by the mother of the applicant also rejected. The relief claimed in para 8 of the O.A is as under:-

1. Quash the O/O superintendent of post offices, Vijayapura Dn, Vijayapura-586104 letter No.B11/2A/CA/MKB/2023 dated: 21-2-2024 Annexure-A4 issued by respondent No.4.

2. Quash the 0/0 superintendent of post offices, Vijayapura Division, Bijayapura-586104 letter No.B11/2A/CA/MKB/2023 dated: 2-4-2024 annexure-A5 issued by respondent No.4.

3. Consequently direct the respondents to reconsider the applicant's application for compassionate appointment, as per para No.10 of DOPT uploaded instructions on 2-8-2022 vide Annexure-A8.

4. Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity.

2. These facts are admitted in this case:–

(A) Shri Kuberappa H. Bajantri was working as GDS mail deliverer under the respondent department. His Date of Birth was 01.06.1971, and was engaged in the service on 13.03.1997 and during service he expired on 24.01.2016 at the age of 44 years 7 months and 24 days. His length of service was about 19 years.

(B) The deceased employee on the date of death leaving behind his Wife Mahadevi, Daughter Kavita, Daughter Chandrika and son Muttu (applicant) and their date of births are 01.01.1975, 08.03.1996, 01.07.2002, and 21.07.2003 respectively.

(C) The applicant is the son of the deceased filed application for compassionate appointment on 10.08.2023 which is Annexure – A3. The Respondent No. 4 communicated the decision of rejection of the aforesaid application vide letter dated 21.02.2024 (Annexure A – 4) and by Annexure A – 5 the request for reconsideration was also rejected.

3. It is submitted by the applicant that he was minor at the time of death of his father. After attaining the majority of 19 years he submitted his application (Annexure A – 3) on 10.08.2023. The respondents rejected the application by Annexure A – 4 and communicated the applicant that the committee met on 30.11.2023 and his request for compassionate appointment found belated, therefore rejected. It is also submitted by the applicant that his mother and two elder sisters were not educated. Therefore, after attaining the majority the applicant filed the application. The family did not get any pension or terminal benefit. His father served the department about 19 years. There is no earning member in the family. The rejection is arbitrary, illegal and unsustainable in the eye of law. The applicant was entitled as per Hon’ble Allahabad High Court Judgement dated 06.02.2024 at Annexure A – 7 and also entitled for relaxation as per consolidated instructions issued by DoPT on 02.08.2022 related to the compassionate appointment (Annexure – A8).

4. The respondents oppose the claim of the applicant by filing the counter reply on 03.01.2025. It is submitted by the respondents that the consolidated instructions dated 02.08.2022 issued by the DoPT related to the compassionate appointment are not applicable in the case of applicant because there is a separate scheme named “Gramin Dak Sevak (Compassionate Engagement Scheme) 2023”. As per aforesaid scheme, applicable to the applicant’s case, the request should b