Compassionate appointment limited to three CRC considerations to ensure immediacy and prevent indefinite pendency.

ORDER 

The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“a. Call for records.

b. Quash the letter No.R&E/2-5/932/2018 dated 19.08.2021 Annexure-A5 issued by the O/o Chief Post General Karnataka Circle, Bangalore and letter No.R&E/2-5/CRC/2021 dated 24.05.2022 Annexure A6 issued by O/o the Chief Post Master General, Karnataka Circle, Bangalore-560001 and letter No.17/1/2022-SPG II dated 23.03.2022 para No.5 vide Annexure-A11 issued by the Government of India, Ministry of Communications, Department of Posts, Dak Bhavan, New Delhi-110001.

c. Consequently direct the respondents to reconsider the applicant’s request for compassionate appointment as per DOPT OM No.F.14014/3/2011- Estt(D) dated 26.07.2012. Vide Annexure A12.

d. Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity.”

2. Succinctly stated the facts as narrated by the applicant are that he is the son of late Shri Hanumantappa L.Hosalli, who expired on 14.07.2017, while working as Postman at Gadag HO. He submitted an application for compassionate appointment on 25.04.2018 before the respondent authorities. The applicant’s case was considered by the Circle Relaxation Committee (CRC) on 29.08.2019 and 49 points were awarded, further recommending for consideration in the next CRC meeting. It was again considered by CRC on 20.07.2021 for vacancy year, 2020 and recommended for next CRC since the revised points awarded to the applicant was 51. Further the applicant’s case was considered by CRC which met on 10.05.2022 and his case was rejected as per para no.5 of Directorates letter No.17-1/2022 SPG II dated 23.03.2022 issued by Respondent No.2. Being aggrieved, the applicant has preferred this OA.

3. Learned Counsel Shri P.Kamalesan representing the applicant, placing reliance on the judgment of the Hon’ble Apex Court in the case of Malaya Nanda Sethy vs. State of Orissa & others in Civil Appeal No.4103/2022, DD: 20.05.2022, submitted that the rules prevailing on the date of death of the Government employee has to be considered for consideration of the application on compassionate grounds. CRC in its meeting held on 10.05.2022 rejected the case of applicant placing reliance on Clause no.5 of Directorate’s letter dated 23.03.2022 (Annexure A11). Annexure A11 deals with the scheme for compassionate appointment- review of relative merit points and procedure for selection. As per Clause no.5 of the said Scheme, each case should be considered three times continuously in a row and if a case is not recommended in third consideration, depending upon RMPS of the case, the CRC which is considering the case third time, shall reject the case. Learned Counsel submitted that as per OM dated 09.10.1998 issued by DOPT, no time limit was prescribed. However, regarding belated requests for compassionate appointment, it has been stated that Ministries/Departments can consider requests for compassionate appointment even where the death or retirement on medical grounds of a Government servant took place long back, say five years or so. Subsequently by OM dated 05.05.2003 issued by the DOPT, time limit for compassionate appointment was prescribed as maximum three years subject to the condition that the prescribed Committee has reviewed and certified the penurious condition of the applicant at the end of the first and the second year. This time limit prescribed was withdrawn vide OM dated 26.07.2012 issued by the DOPT and it was specified that the cases of compassio