Compassionate appointment requires dependency on the deceased, but family hardships may warrant reconsideration of applications despite technical disqualifications.

ORDER(Oral)

Per: MRS. ANJALI BHAWRA MEMBER (A):

1. This application has been filed under Section 19 of the Administrative Tribunals Act , 1985. The applicant has sought for the following relief:

I) Issue a direction or order to respondents to appoint/ engage the applicant against him as Gramin Dak Sewaks on compassionate grounds

II) Issue a writ, direction or order quashing the impugned order dated 10.05.2022 ( A-7).

2. The brief facts leading to filing of this OA as stated by applicant are as follows:

i) Applicant completed his Middle Standard examination & Matriculation examination in the years 1999 and 2003 respectively from H.P. Board of School Education.

ii) The younger brother of applicant is 70% mentally disabled and totally dependent upon the present applicant for his daily needs. The copy of Disability certificate is being Annexed herewith as Annexure A-3

iii) That the applicant is the legal heir of his deceased father Late Sh. Ram Lal as per the legal heir certificate issued by the competent authority. The copy of legal heir certificate is being Annexed herewith as Annexure A-4.

iv) That the applicant belongs to the BPL category having annual income of Rs.55000-/ only from all sources, duly certified by the competent authority of the state vide income certificate Annexure A-5. The copy of the BPL certificate is annexed as Annexure A-6.

v) That the applicant being eligible and legally entitled for the compassionate appointment on account of the death of his father on dated 11.02.2021 while in service of the respondent no 3 had applied for the job on compassionate grounds on dated 29.09.2021 which has been rejected by the committee vide OM no. R&E/5-1/2021 dated 10.05.2022, annexed as Annexure A-7, thus leading to filing of this OA.

vi) It is stated that the mother of the applicant who is also the widow of the late Sh Ram Lal has duly sworn in an affidavit before the executive magistarate Ramshehar dated 19.09.2022 thereby stating in unambiguous language that she is not in a position to work and also her younger son being 70% disabled is also not capable of serving the respondent department hence if the present applicant being her elder son as well as the legal heir of her deceased husband is given appointment on compassionate basis there shall be no objection on her behalf. The copy of the affidavit is being annexed as Annexure A-9. The disability certificate of the second son placed on record A-3 reads as follows:

a) He is a case of mental illness

b) The diagnosis in his case is undifferentiated Schiophrenia

c) He has 70% ( in figure ) Seventy percent ( in words ) temporary disability in relation to his brain. Both ears as per the guidelines ( guidelines for the purpose of assessing the extent of specified disability in a person included under RPwD Act, 2016 notified by GOI vide S.O. 76€ dated 04.01.2018).

3. Notice was issued to respondents. In the written statement, following has been submitted:

i) Late Sh. Ram Lal was incumbent upon the post of Gramin Dak Sevak Mail Carrier at Ramshahar Sub Post Office, while he died in harness and left for heavenly abode on 11th February, 2021.

ii) Thereafter, the Applicant, Gramin Dak Sewak, had applied to the Respondent Department seeking job on compassionate grounds. Along with other required documents, the Applicant had submitted Pariwar Register Nakal (Copy of family register) dated 9th March, 2021 issued by the Gram Panchayat Ramshsahar, while applying for compassionate engagement. A copy of the Pariwar Register Nakal dated 9th March, 2021 is being annexed herewith as Annexure R-1 for the kind perusal of this Hon’ble Tribunal. As per Pariwar Register Nakal, it is crystal clear that the Applicant is residing separately from family of the deceased employee, Late Sh. Ram Lal.

iii) The case of the Applicant was submitted before the Committee for Compassionate Engagement (CCE) during the meeting held on 11th February, 2022. Copy of the minutes of the meeting held on 11th February, 2022 is being