Reserved CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH JABALPUR.

This Wednesday, the 6^th day of November 2024 Hon’ble Ms Mallika Arya, Member (A) Original Application No. 427 of 2019 Mohar Singh, S/o Late Sugandh Singh, aged 20 years, Occupation- Student, R/o Village Raipura, Post Peeprai, P.S. Barohi, Bhind (M.P.) 477001 …….Applicant By Adv: Shri G P Chaurasiya V E R S U S

1. Union of India, Through Secretary, Ministry of Defence, South Block, New Delhi, 110011

2. Commander Works Engineer, Military Engineering Services, Jhansi Cantt. Jhansi (U.P.) 282001

3. Garrison Engineer, Military Engineering Service, Moral Gwalior (M.P.)

4. Deleted

5. Kumari Shivani, Daughter of Girija Devi, age 18 years, Occupation House work

6. Mohit, S/o Girija Devi, age 14 years, Minor Respondent nos. 5 & 6 both through Guardian Smt. Girija Devi, both resident of Village Dongarpur, District Morena.

……..Respondents By Adv: Shri Akshay Jain, for respondent nos. 1 to 3, Shri Akhil Sinha, for other private respondents.

O R D E R Through this Original Application, the applicant is seeking quashment of the order dated 25.02.2019 passed by the official respondents whereby the application for grant of compassionate appointment has been rejected.

2. The brief facts of the case of the applicant is that he is seeking compassionate appointment from the respondents as the father of the applicant Shri Sugandh Singh died while he was in service. At the time of death of his father, he was a minor and became major at the age of 18 in the year 2014. Thereafter, he submitted an application for appointment on compassionate ground before the respondents. The copy of the application is annexed as Annexure A/5. When his application for compassionate appointment was not considered, the applicant filed O.A. before this Tribunal which was decided vide order dated 06.02.2019 (Annexure A/7) and directions were issued to the respondents to consider his case within 60 days. The application of the applicant was rejected vide letter dated 25.02.2019 wherein he was asked to produce NOC from the other family members which he has not been complied with. Thereafter vide speaking order dated 25.05.2019 the request of the applicant was kept pending and not processed due to non submission of the requisite documents. Therefore, the request of the applicant has not been processed in compliance with the order of this Bench dated 06.02.2019. The applicant further contended that he is eldest son of his father having the first right to be considered for appointment on compassionate basis. The act of the respondents in demanding NOC from the children of the second wife of his father is not in accordance with law.

3. The respondents nos. 1 to 3 have given their reply wherein it has been stated that since the applicant could not produce NOC, his case could not be sent to the higher authorities for consideration. This Bench decided the case of the applicant without looking into the merits with the directions to the respondents to decide applicant’s case by passing a reasoned and speaking order within 60 days of the issuance of the order. The applicant’s father had two children from his second wife namely Kumari Shivani and son Shri Mohit. As per the policy of compassionate appointment, it is not mandatory to submit the NOC from all heirs of the deceased. Thereafter a speaking order dated 25.05.2019 was passed on the subject wherein it has been clearly mentioned that due to non production of required documents, the application for compassionate appointment could not be processed on account of a dispute between legal heirs.

4. Respondent nos. 4 & 5 also furnished their reply wherein they have stated that they are the legal heirs of Late Shri Sugandh singh Narwariya. Respondent no. 4 has also filed an application for compassionate appointment. Both respondent nos. 4 & 5 along with the applicant’s mother are getting family pension and a succession certificate has also been issued by the Civil Court. Respondent n