O R D E R

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act 1985 seeking the following relief:-

i) That Annexure A-1 dated 05.10.2021 be quashed and set aside.

ii) That a direction be issued to the respondents to consider the name of the applicant for appointment on compassionate ground in place of her brother and the post of GDS be offered to the applicant in view of letter dated 22.11.2017.

2. The factual matrix of the case is that applicant‟s father Mr. Balwinder Kumar, who was working as GDS Packer with the respondent department, died on 31.12.2015 (Annexure A-3) leaving behind his wife, one daughter and one son. Immediately thereafter, the applicant‟s mother applied for appointment of deceased‟s son Himanshu Sharma (applicant‟s brother) on compassionate grounds. His name was considered in the meeting of Committee on Compassionate Appointment held on 24.10.2017 and the respondent no.2 informed the respondent no.3 vide letter dated 22.11.2017 (Annexure A-2) that the case of Himanshu Sharma s/o late Sh. Balwinder Kumar, Ex-GDS Packer was found to be hard and deserving for offering compassionate engagement to the post of GDS and recommended his name for engagement to the post of GDS. In reference to letter dated 22.11.2017 the brother of the applicant has been informed about the approval of his application for compassionate appointment and requested to visit the office of Indian Post, East Sub Division, Amritsar with the concerned educational qualification documents. After submitting the required documents, the applicant‟s brother has been offered appointment to the post of GDS but he has not joined for the same even till today as he is not under the control of his family and has no concern towards financial crises and survival of the family.

3. The applicant further submitted that, since her mother is suffering from prolong illness and facing hardships in earning bread and butter for the family so she made a request to respondent no.3 vide letter 30.06.2021 (Annexure A-4) to consider the name of present applicant in place of her son. But the same has been rejected by the respondent no.3 vide letter 05.10.2021 (Annexure A-1) stating that there is no such provision available in rules for the change of request for engagement made on compassionate ground.

4. The contention of the applicant is that in the year 2016, after the death of her father, the applicant‟s mother applied for compassionate appointment of her son as it was not possible for her mother to apply for her daughter (applicant herein) as she was minor at that time. Now when her mother failed to exhort her brother as he does not even any concern at all for the family, then she finally made an application to respondent no. 3 to consider the name of present applicant in place of her son. It has been contended that there is no fault on the part of the applicant or her mother and the deceased‟s family is still in need of employment as they are suffering from a lot financial crisis and her mother is suffering from prolong illness. On these grounds, the applicant has prayed that she may be granted appointment to the post of GDS in place of her brother. Reliance has been placed upon a judgment of the Hon’ble Madras High Court in the case of R. Visoliya Vs. The State of Tamil Nadu (W.P. No. 186/2015 decided on

02.03.2012) (Annexure A-6).

5. The respondents contested the claim of the applicant by filing written statement. It has been stated therein that the present case is not maintainable for non- joinder of necessary party i.e. Sh. Himanshu Sharma S/o Sh. Balwinder Kumar. Sh.Himanshu Sharma applied for the engagement on compassionate grounds vide application dated 17.04.2017 and same was recommended by the committee on compassionate engagement (CCE) in its meeting held on 24.10.2017. However, he has not joined the post of GDS till date. His occupation details are not disclosed by app