Pending criminal cases disqualify compassionate appointment; employer can reject based on antecedents and trustworthiness.

ORDER

Shri S.P. Giri, learned counsel for the applicant is present.

Shri Radhey Shyam Yadav, learned counsel for the respondents is present.

2. This O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985 for the following relief(s): -

“(I) This Hon’ble Tribunal may kindly be pleased to issue order or direction in the nature of Certiorari to quash impugned order 06.07.2021 passed by Pravar Superintendent of Post Office, Agra Mandal, Agra 282002.

(II) Issue order or direction in the nature of Mandamus Commanding Respondents authorities to appoint to Applicant on the post of the Gramin Dak Sevak under dying in harness in pursuance of the appointment letter dated 18.02.2018 issued by Assistant Director (appointment), office of the Post Master General Uttar Pradesh Division Lucknow 226001.

(III) Issue an order or direction as this Hon’ble Tribunal may deem fit and proper under the facts and circumstances of the present case.

(IV) Award the cost of the present Original Application to the applicant.”

3. The submission of counsel for the applicant is that father of applicant while working as Gramin Dak Sewak in the respondents’ department was died on 15.11.2018. The father of applicant left behind him Smt. Gayatri Devi (Widow), Bheem Giri- applicant and also one son Ram Kumar. After the death of deceased employee, the applicant moved an application (Annexure-2) for grant of compassionate appointment to him. It is submitted by the applicant that he fulfills all the eligibility criteria for grant of compassionate appointment. The respondents, after receiving the application of applicant, forwarded the same vide letter dated 30.05.2017 (Annexure-3). The Post Master General, U.P., Lucknow, after about four years, presided committee meeting on 03.02.2021 in pursuance of aforesaid letter and appointed the applicant on the post of Gramin Dak Sevak at Kailash Post Office, Agra and issued appointment letter in favour of the applicant on 18.02.2021 (Annexure- 4). As the applicant was not allowed to join, he moved a representation dated 01.07.2021 (Annexure-5). The appointment letter of the applicant has been rejected vide order dated 06.07.2021 (impugned order) by Senior (Pravar) Superintendent of Post Offices, Agra Division, Agra on the ground of pending criminal case against the applicant. Aggrieved with the impugned order dated 06.07.2021, the applicant has filed the instant O.A.

4. Learned counsel for the applicant submitted that the case of applicant may be directed to be considered by the respondents for appointment under the dying in harness rules.

5. Heard the arguments of learned counsel for the parties and perused the pleadings on record.

6. From the above discussions, it is revealed that the applicant has challenged the orders rejecting his candidature for appointment on compassionate ground. The submission of counsel for the applicants is that the family of deceased employee has been facing financial hardship as the respondents are not granting compassionate appointment to applicant. It is also submitted that there are fictitious criminal cases which are lodged against him and in three cases, he was finally convicted. The respondents’ counsel submitted that the matter of applicant for compassionate appointment was considered and in favour of him, appointment order was also issued. But, on police verification, it is revealed that the criminal cases are pending against him. Hence, the applicant is not fit to be appointed in government job. The impugned order is just and proper and the same was also communicated to the applicant. The relevant portion of impugned order reads as under: -

8. Following the above orders passed by the respondents, this O.A. is being devoid of merit