Natural deaths do not qualify for compassionate employment, and lengthy delays undermine claims for such appointments.

Per: Smt. Urmita Datta (Sen), Judicial Member

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act , 1985, praying for the following relief(s):

“(a) An Order be passed directing the respondents particularly the respondent no. 3 to comply with the obligations arising out of the agreements dated 27.06.2001, 29.04.2010 and 01.07.2014 by giving appointment and/or absorbing the applicant workman in the Alloy Steel Plant on the compassionate ground of death and/or permanent disablement of his parent according to his qualification and/or capacity, (b) An order be passed restraining the respondents particularly the respondent no. 3 from giving any appointment or absorbing in any post in Alloy Steel Plant until unless the applicant remaining in the waiting list for absorption and/or appointment in any suitable post in Alloy Steel Plant on basis of seniority commensurate to his qualification and capacity on the compassionate ground of death and/or permanent disablement of his guardian/parent.

(c) An order be passed suspending and/or cancelling the advertisement being annexure A-4 dated 11.05.2012, 25.02.2014 and 13.01.2015 and circular dated 31.01.2012 or the same be kept in abeyance and/or any other appointment from outside candidates be stayed until unless the applicant as per pending list are absorbed and/or appointed on the compassionate ground of death and/or permanent disablement of his guardians/parents on the basis of seniority.

(d) Any other Order or further Order or Orders as to this Hon'ble Tribunal may seem fit and proper.

(e) Costs and incidentals to this application.

(f) To Set aside order dated 19.11.2015 forthwith.”

2. The instant application has been filed being aggrieved with the Speaking Order dated 19.11.2015 which was passed on the following ground:

“Nothing was produced with/shown in the representation under consideration that your father died due to an accident arising out of and in course of his employment in ASP. Thus, death of your father was a natural death not having any nexus with any accident arising out of and in course of his employment in ASP. Apart from the aforesaid reasons, from the inordinate delay in approaching the Hon’ble Tribunal it is apparent that the family of the deceased is not suffering from any financial crisis and the emergent need of the family no more exists. Your contention as regards recruitment of candidates in different posts is the effect of routine administrative job recruitment for running the Plant and to fulfill the requirement of skilled manpower occurred in different specified area from time to time and the same has got nothing to do with the compassionate appointment which nevertheless is not the vested right of the applicant as held by the Hon’ble Apex Court.

In view of above, your claim for appointment on compassionate grounds is not found fit to be acceded to and hence, your representation dated 24/05/2015 stands rejected.”

As per the applicant, his father died on 13.04.2009 and he applied for appointment on compassionate ground on 22.06.2009 and further made a representation on 24.05.2015 as per the conditions stipulated in the Memo of Agreement as mentioned in Clause 3.5.6.1 of the Second Agreement dated 29.04.2010 and subsequently filed one O.A No. 1157 of 2015 which was disposed of on 21.08.2015 directing the respondents to consider the case of the applicant. However, vide Speaking Order dated 19.11.2015, the case of the applicant has been rejected. As per the applicant, his family is suffering from medical problems and is having no source of income. Thereafter, the applicant contacted the Ld. Counsel belatedly after so many years since he is residing in a remote village.

However, he made repeated requests