CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH CIRCUIT SITTING AT RANCHI OA/051/00880/2022 Reserved on : 16.12.2024 Pronounced on : 08.01.2025 C O R A M HON’BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER HON’BLE MR. RAJVEER SINGH VERMA, JUDICIAL MEMBER Shuvendu Trivedi, aged about 33 years, son of Late Pradeep Chandra Trivedi, at present resident of House No. 79, Village- Siyarda, P.O.- Narayanpur, P.S.- Narayanpur, District- Bokaro, Pin- 827013, Mobile (Whatsapp) No. 7036056666, e mail- st. shuv@gmail.com …. Applicant.

By Advocate - Shri P.R. Sinha -Versus-

1. Union of India through the Ministry of Ispat, Ispat Bhawan, New Delhi-110001.

2. The Secretary, Ministry of Steel. Udyog Bhawan, New Delhi, P.S.- Shrinivaspuri, P.O.- Kishangarh, New Delhi-110011.

3. The Chairman, Steel Authority of India Limited, Govt. of India, Ispat Bhawan, Lodhi Road, P.O.- Kishangar, P.S.- Shrinivaspuri, District- New Delhi.

4. Steel Authority of India Limited, Bokaro Steel Plant, ISPAT BHAWAN, Bokaro Steel City, P.O.- Bokaro, P.S.- Bokaro, District - Bokaro, Pin Code-827001.

5. The AGM(Personnel), Bokaro Steel Plant, ISPAT BHAWAN, Bokaro Steel City, P.O.- Bokaro, P.S.- Bokaro, District- Bokaro, Pin Code-827001.

6. The Manager (Personnel), Bokaro Steel Plant, ISPAT BHAWAN, Bokaro Steel City, P.O.- Bokaro, P.S.- Bokaro, District- BOKARO, Pin Code- 827001.

…. Respondents.

By Advocate(s): Shri Prabhat Kumar O R D E R Per Kumar Rajesh Chandra, A.M. :- This OA has been filed by the applicant seeking the following relief:-

“(A) To quash the Letter no. 2021-4114 dated 19.10.2021 and subsequent letter 2022-2698 dated 25.08.2022 issued by the Manager (Personnel) Steel Plant Bokaro whereby claim of compassionate appointment has been rejected on wrong facts, ignoring that applicant date of birth 18.03.1989 has been recorded in Educational Certificate, PAN Card, Driving License and other valuable documents.

(B) For a direction to the respondents to grant compassionate appointment to the applicant in place of his father who died in harness.”

2. Brief facts of the case, as per the applicant, are that applicant’s father while working as Senior Manager, SMS-II & CCS Department, Bokaro Steel Plant, Bokaro applied for consideration of compassionate appointment to his son on the ground of medical invalidation on 04.09.2021 (Annexure- P1) enclosing medical treatment prescription. The said application was rejected by the respondents vide impugned letter dated 19.10.2021 (Annexure- P2) stating therein that applicant is not entitled for compassionate appointment as he is more than 35 years of age ignoring the circular issued by AGM (Personnel). According to the applicant his date of birth is 18.03.1989 which is evident from CBSE Marks Statement, PAN Card, Driving License and AAaaddhhaarr CCaarrdd aannnneexxeedd iinn tthhiiss OOAA vviiddee Annexure-PP33 ((CCoollllee..)).. IItt iiss ffuurrtthheerr ssuubbmmiitttteedd tthhaatt tthhee aapppplliiccaanntt’’ss ffaatthheerr wwhhiillee iinn sseerrvviiccee ddiieedd oonn 1144..0055..22002222 aanndd aapppplliiccaanntt ffiilleedd aapppplliiccaattiioonn ffoorr ccoommppaassssiioonnaattee aappppooiinnttmmeenntt oonn 2244..0066..22002222 eenncclloossiinngg all relevant documents. Applicant’s mother has also filed application for compassionate appointment of her son (applicant) on 11.07.2022 enclosing all relevant documents which was replied by the respondents on 01.09.2022 (Annexure-P6) that applicant is not eligible for compassionate appointment as already communicated vide letter dated 19.10.2021 and later rejected the claim of applicant vide letter dated 25.08.2022 (second impugned order annexed as Annexure-P7). Applicant has also enclosed circular dated 20.02.2010 (Annexure P/9) issued by Steel Authority of India, Bokaro Steel Plant with regard to guidelines and procedure for dealing with compassionate appointment to bring in uniformity in compassionate cases in support of his case. It is also contended that SAIL has issued clarification regar