Compassionate appointment scheme provides immediate relief for sudden financial crisis; long delay defeats purpose, justifying rejection after multiple CRC considerations.

ORDER (ORAL)

PER: RAKESH KUMAR GUPTA, MEMBER (A)

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

a) To quash the communication/endorsement No. DWD/ B2/ CA/ GVR/ Dlgs/2019 dated 17.06.2022 issued by Respondent No. 4 (Annexure- A11).

b) Consequently, direct the respondents to appoint the Applicant on compassionate grounds with all consequential benefits.

c) Pass any other appropriate orders as this Tribunal deems fit to grant, in the circumstances of the case, to meet the ends of justice.

2. The facts of the case as averred by the applicant in his pleadings, are as follows:

a) Father of the Applicant namely Moorasavirappa Chittaragi was a Group D employee in the Respondent Department. He died while in service on 24.02.2012.

b) Immediately, after death of the father, the family was put to financial penury. The family, having lost the sole bread winner was put to starvation. In the circumstances with the consent of all other family members, applicant submitted his application for appointment on compassionate grounds. In support of his application, the applicant submitted all the documents relating to his educational qualifications, caste, income etc., As there was no action on the said application, the applicant submitted one more application/representation on 27.04.2017. After nearly two years from the date of his representation, applicant received a communication from the office of the Chief Post Master General, Bangalore, dated 01.03.2019. It was informed that the Committee had met on 20.07.2018 and 06.09.2018 and decided to refer his case to the next CRC for reconsideration. Again applicant received a Communication dated 20.02.2020, once again informing that the Committee met on 29.08.2019 and decided to refer his case to the next CRC for consideration. On 07.10.2020, applicant again approached the Respondents by way of a Reminder / Request letter.

c) Unfortunately, on 17.06.2022 the 4^th Respondent issued an endorsement to the applicant informing him that his application has been rejected. The Communication contains the reason : “rejected as per Point No.5 of Directorate’s Letter No. 17-1/2022-SPG-II, dated 23-03-2022”.

d) The Respondents have violated the very object of providing appointment on compassionate grounds by rejecting the application of the applicant. His family is really in need of support at this juncture. Applicant has produced all necessary documents in support of the application. He has substantiated the fact that his family has been deprived of the sole bread earner, and the family is economically in a very bad condition.

e) Point No. (5) of the Directorate’s letter dated 23.03.2022 provided that the application has to be considered by CRC (Circle Relaxation Committee). The recommendation of CRC has to be accepted by competent authority. The competent authority has to again consider all facts and circumstances. In the present case, the competent authority has not considered the case at all. Immediately and only on the basis of decision of CRC, the impugned endorsement came to be issued. Therefore, it is arbitrary and bad in law.

3. The respondents have filed their written statement wherein they have averred as follows:

a) Late Sri Moorasavirappa Chittaragi was appointed in the Department as MTS on 23.12.1983. After serving the Department for 29 years 1 month and 15 days, he expired on 24.02.2012 with left over service of 3 years 2 months 5 days.

b) Terminal benefits as detailed below were paid to the eligible