Delay in applying for compassionate appointment negates the purpose of immediate relief intended by the policy, leading to dismissal of the application.

ORDER

By way of the present O.A., the applicant has sought the relief for compassionate appointment on the ground that his father Late Ramanand Singh died on 22.10.2003. The O.A. is supported by Misc. Application No. 3012/2023 i.e. Delay Condonation Application explaining the delay and laches in filing the O.A. The relief sought under Section 19 of the Administrative Tribunals Act, 1985 is quoted below: -

“(ii) To issue an order or direction in the suitable nature directing the respondent department to consider the appointment of applicant on compassionate ground under the dying-in-harness rules within stipulated period of time which may be specified by this Hon’ble Tribunal.

(iii) To issue any order or direction, which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

(iv) To award the cost to the application to the applicant.”

2. This case is reserved for orders on delay condonation application (M.A. No. 3012/2023).

3. The brief facts of the case, as per pleadings, is that the father of applicant expired on 22.10.2003 during service career leaving behind him two widows namely Smt. Ahilya Devi and Smt. Renu Devi along with four children. The deceased employee married two times, firstly with Smt. Ahilya Devi and thereafter with Smt. Renu Devi with the consent of first wife Smt. Ahilya Devi because she was unable to born child. The applicant is the one of legitimate child of the deceased employee who born from the wedlock of second wife Smt. Renu Devi. Before death of deceased employee, Smt. Ahilya Devi (first wife) was living in the parental house of the deceased employee at Begusarai, whereas Smt. Renu Devi (second wife) living with deceased employee at Bareilly City. After the death of deceased employee, Smt. Renu Devi approached in the office of respondent department vide application dated 07.01.2012 and requested for release of death-cum-retiral dues of her husband as per rules. Since the respondents department did not release the death-cum-settlement dues of the deceased employee on the pretext that first wife of the deceased employee is still alive and as such she may obtained succession certificate from the competent court of law then only death-cum-settlement dues can be released. Having no other option, the mother of applicant Smt. Renu Devi had filed Succession Suit No.56/2006 before the learned court of Civil Judge (Senior Division) Bareilly praying therein that she may be declared one of the successor of deceased employee and the said case was decided by the learned Civil Judge vide judgment dated 23.11.2008 declaring the mother of applicant namely Smt. Renu Devi as one of the successor of the deceased employee to obtain the death-cum-settlement dues. However it was very unfortunate to the applicant that his real mother Smt. Renu Devi also died on 22.04.2011 leaving behind applicant and his three sisters and one younger brother. Thereafter, the applicant started to pursue the claim of appointment on the compassionate ground under the dying-in-harness rules with the consent of his step mother Smt. Ahilya Devi, therefore she was agreed and filed an affidavit to this effect on 18.03.2016 in the office of respondents department requesting therein that now she is sole alive widow of deceased employee and as such family pension of her husband may be released in her favour and further requested for consideration of an appointment of applicant on the compassionate ground under the dying- in-harness rules for which she has no grievance at all. Learned counsel for the applicant point