Policy for compassionate appointment applicable on date of CRC consideration governs, not date of death; claims limited to three reviews under 2022 scheme, with no vested right for further consideration.

ORDER 

AS PER:- AJAY PRATAP SINGH, MEMBER[JUDICIAL]

1. Applicant by way of present OA under Section 19 of Administrative Tribunals Act, 1985 seeking main relief (as extracted from OA) is under:-

“The letter dated 16.03.2023 issued by the respondent no 2 as contained in Annexure-A/I may be quashed and set aside.

The respondent authorities may be directed to consider and decide the case of applicant for Compassionate Appointment as per DOPT circular dated 26.07.2012 (Annexure A/4) by placing the case in the Review, Circle Relaxation Committee and to provide appointment to applicant on compassionate ground, to enable the family of the deceased employee to survive.

Any other relief/reliefs as the applicant is entitled and Your Lordships may deem fit and proper in the ends of justice.”

2. Shorn of unnecessary details, briefly stated facts in the OA as adumbrated by the applicant that applicant is son of deceased employee late Balkishun Kewat, died in harness on 15.02.2014 while holding the post of Postman in Nalanda Postal Division.

3. Applicant has submitted application in year 2016 for appointment on compassionate ground. The office of CPMG, Bihar Circle, has kept application of applicant pending and did not decide on urgent basis. The CRC for first time held meeting on 30.07.2018 and did not find applicant’s case fit for recommendation and on the second occasion CRC held meeting on 03.11.2021 and once again due to less marks scored by applicant, applicant could not be considered for appointment on compassionate ground. So also on 3^rd time CRC, case of applicant was rejected vide impugned order dated 16.03.2023 (Annexure-A/1). The CRC has opined that on 3^rd consideration the case of applicant deserves to be rejected and will not be further considered so also will not be placed before the CRC.

4. Shri S.K. Tiwary, learned counsel for applicant vociferously canvassed that father of applicant died in harness on 15.03.2014 and on date of death, DoPT OM dated 26.07.2012 was prevailing and in view of law said down in the case of Canara Bank & ors. Versus Mahesh Kumar, Civil Appeal No. 260 of 2008, SCC(L&S) 2015(2)539. The policy on date of death of father of applicant will be applicable and applicant is entitled for consideration for appointment on compassionate ground.

5. Shri Rabindra Kumar Choubey, ld. ASC submits that applicant does not have vested right to be appointed on compassionate ground and there is no endless compassion. So also contended that in view of common order dated 22.05.2024 passed in identical batch of cases in OA No. 546 of 2023 present OA deserves to be dismissed.

6. This Tribunal has given anxious considerations to the rival contentions of the parties and perused the material placed on record, precedents relied.

7. From the above submissions of the learned counsel appearing for the parties and material placed on record. The core issue which arises for consideration:

“Whether the policy dated 23.03.2022 which is in force on the date of consideration by CRC of application for compassionate appointment is relevant or the policy dated 26.07.2012 which was in force on the date of death of employees is relevant?”

8. Before dealing with the rival contentions advanced at the Bar, it is apposite to quote relevant portion of language of relevant scheme for appointment on compassionate grounds applicable as to cases on hand, judgments binding precedents in context of