Compassionate appointments must consider the socio-economic impact on bereaved families, allowing flexibility in policy application to avoid undue hardship.

O R D E R 

PER:-RAJVEER SINGH VERMA, MEMBER [J]

1. Brief facts of the case are that thefather of the applicant, namely Late Walter Surin, was employed as an Office Attendant with the respondent and was admitted to Gua Hospital (owned and managed by the respondents) on 28.09.2020. He passed away on 29.09.2020.

2. In the year 1997, the applicant’s father was diagnosed with grave ailments and was referred to CMC-Vellore, where he underwent a kidney transplant in the same year.

3. Despite undergoing a renal transplant, the applicant's father continued to discharge his duties, though he was required to visit CMC- Vellore regularly for treatment and check-ups.

4. Since the year 2014, the applicant’s father began to experience other medical complications for which he was regularly treated either at Gua Hospital or CMC-Vellore. From 2019 onward, his Patna Bench condition began to deteriorate significantly.

5. Due to his declining health and inability to continue service, the applicant’s father decided to file for medical invalidation under the prevailing policy/circular of the respondent company.

6. A Circular bearing reference No. RMD/K/Pers/F-14/11/597 dated 25.03.2011 was issued by the respondent company, providing for compassionate appointment to direct dependents in cases of employees declared medically invalid due to specified debilitating diseases.

(Annexure-1)

7. On 25.07.2020, the applicant’s father submitted an application in the prescribed format to avail of the benefits under the said circular, requesting compassionate appointment of his son (the applicant).

(Annexure-2)

8. Following this application, the respondents, through communication Ref. No. PERS/GOM/2020 dated 31.07.2020, directed the applicant’s father to report for medical investigation to the Jt. Director (M&HS), Gua Hospital. He was examined on 24.08.2020 at Gua Hospital.

(Annexure-3 Series)

9. Unfortunately, the applicant's father passed away on 29.09.2020 at Gua Hospital before being officially declared "medically invalid".

10. Despite the application and medical examination, the respondents took no further action. Multiple representations were made by the applicant and trade union representatives. However, vide Ref. No. Patna Bench PERS/GOM/2022/1050 dated 21.01.2022, the respondent communicated that the request for compassionate appointment could not be considered as per the rules. (Annexure-4)

11. The respondents failed to consider the judgment referred in Annexure-6 Series, passed in a similar case.

12. Left with no other option, the applicant filed OA/051/00169/2022 before the Hon’ble Tribunal. After detailed hearings, the Tribunal by order dated 20.04.2023 quashed the respondent's order dated 21.01.2022 and granted liberty to the applicant to file a fresh representation. The respondents were directed to pass a fresh order after considering the facts and legal issues. (Annexure-5)

13. In compliance, the applicant submitted a fresh representation on 03.05.2023 before the Chief General Manager (Mines), Raw Material Division, Gua Ore Mines, along with a copy of the Tribunal’s order and judgments from the Hon'ble Jharkhand High Court and Hon'ble Supreme Court in similar matters. (Annexure-6 Series)

14. Subsequently, the respondents issued a letter vide Ref: PERS/GOM/2023/1886 dated 01.08.2023, rejecting the claim for compassionate appointment. The rejection was based on the ground that although the applicant’s father was medically examined on 24.08.2020 and his case was under process, he passed away on 29.09.202