CENTRAL ADMINISTRATIVE TRIBUNAL RANCHI CIRCUIT BENCH RANCHI O.A. No. 051/00626/2022 Date of Order: 17.04.2024 C O R A M HON’BLE SHRI S.K. SINHA, MEMBER [A]

Kundan Tiwari, aged about 33 years, Son of Late Jagta Nand Tiwari, at present president of Indira Nagar, near Ranchi Road Railway Station, P.O. - Marar, P.S. Ramgarh, District - Ramgarh and permanent resident of village - Murhara, P.O. - Gyanibigha, P.S. -

Sukurabad, District - Jehanabad (Bihar).

…….Applicant By Advocate :-Mr. K.K. Mishra Patna Bench -Versus-

1. Union of India through Secretary, Ministry of Steel, Udyog Bhawan, Dr. Maulana Azad Road, New Delhi - 110011.

2. Steel Authority of India Ltd. through its Chairman, Ispat Bhawan, Lodhi Road, P.O. and P.S. Lodhi Road, New Delhi - 110003.

3. The Executive Director, Steel Authority of India Ltd, (Refractory Unit, IFICO, Indira Gandhi Marg, Sector - IV, P.O. Sector IV, P.S.

Sector IV, District Bokaro (Jharkhand), Pin code-827004.

4. General Manager (Personnel & Administration) SRU, Steel Authority of India Ltd. (Refractory Unit) IFICO, Indira Gandhi Marg, Sector-IV, P.O. Sector - IV, P.S. Sector - IV, District - Bokaro (Jharkhand), Pin Code-827004.

5. General Manager (Personnel & Administration) SAIL (Refractory Unit), IFICO, Ranchi Road, P.O. Marar, P.S. Ramgarh, District Ramgarh (Jharkhand) -829117.

6. Deputy General Manager (Personnel & Administration) SAIL (Refractory Unit), IFICO, Ranchi Road, P.O. Marar, P.S. Ramgarh, District - Ramgarh (Jharkhand)-829117.

…..Respondents By Advocate:- Mr. Sumit Prakash

O R D E R (O R A L)

S.K. SINHA, MEMBER [A]

1. Aggrieved by the rejection of his prayer for compassionate appointment by Dy. General Manager (P&A), SAIL vide reasoned order dated 26.09.2022, applicant has preferred this OA. Applicant has prayed in this OA to quash the impugned order and to direct the respondent authorities to appoint applicant on compassionate ground.

2. Applicant’s case as set out in the OA is that his mother a permanent employee of SAIL at Refractory Unit Ramgarh, developed serious illness. She was taken to local Hope Hospital in Ramgarh on 08.05.2020. From that hospital she sent an application on 09.05.2020 to Respondent no. 5 stating that she was weak/ unable to move and not in a position to render services and so his son should be appointed Patna Bench in her place. She was referred to Bhagwan Mahavir Medica Super Speciality Hospital Ranchi on 11.05.2022 and she expired on 12.05.2020 in harness. After the death of his mother, applicant submitted application to the respondent authorities for his appointment on compassionate grounds. The respondent authorities rejected his application for compassionate appointment vide order dated 14.07.2020 on the ground that his case for grant of compassionate appointment was not covered under the Rules/ guidelines of SAIL. Applicant approached this Tribunal with OA No. 290/2021 which was disposed of on 24.03.2021 directing the respondents to consider the case of applicant within three months by taking note of the judgment passed by Hon’ble High Court of Jharkhand in Writ Petition No. 3874 of 2013. Complying with the Tribunal’s direction, respondents passed an order holding that the applicant’s case was not on the same footing as the case in Writ Petition No. 3874 of 2013 and rejected the case of applicant for compassionate ground appointment. Hence, the OA.

3. Contesting the maintainability of OA, respondents have filed a written statement in which they have held that the applicant’s case was not covered under the SAIL guidelines on compassionate appointment. The Applicant’s mother was under treatment and died in a private hospital. This is not permitted under para 5.3.3 of the guidelines. As per the guidelines, the employee should be under treatment in company’s sponsored hospital. Respondents also held Patna Bench that applicant’s mother had submitted no application on 09.05.2020 to any respondent authorities as no such letter/ communication was received. The case of appli