The denial of compassionate appointment must consider prior legal disputes that delayed application rather than rigidly adhering to procedural timelines.

(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J))

In the instant OA, the applicant seeks the following relief:

“to call for the records on the file of the 2^nd respondent Bear- ing Proceedings No. B10/RNR/GDS-Revised Scheme 2023 / dlgs dated at Ramanathapuram 623501 the 14-12- 2023 and set aside the same as manifestly erroneous, illegal, unjust, arbitrary and against the settled principles of law and consequently direct the 2nd respondent to consider the re- quest of the applicant seeking for Compassionate Appoint- ment in view of death of his father Shri.A.Thangaraj, Ex- -Daksevak, Pambor SO pursuant to his representation made to the respondent dated 05-01-2024, and pass such further or other orders as this Tribunal deems fit and proper under the facts and circumstances of the case and thus render justice. ”

2. Brief facts of the case as submitted by the applicant are as follows:

The applicant states that his father, A. Thangaraj, served as a GDS Dak Sevak at Pambor S.O. from 24.10.1985 until his death on 18.09.2019 while still in service. The applicant applied for a compassionate appointment on 28.11.2019. However, due to Thangaraj having two wives, the Tahsildar did not issue a Legal Heir Certificate. To resolve the issue, the applicant filed W.P. (MD) No. 3623 of 2020 before the Madurai Bench of the High Court, which directed the authorities on 24.02.2020 to consider his representation. In response, the postal department asked him to reapply after the civil dispute over legal heirship was resolved. Subsequently, the District Munsif Court, Paramakudi, passed a decree in O.S. No. 70 of 2020 on 13.08.2022, declaring the applicant and Mrs. Karuppayee as the legal heirs of Thangaraj. Following instructions from the department, the applicant submitted a revised application on 14.07.2023, enclosing the court decree, Legal Heir Certificate, and a declaration from Karuppayee consenting to the applicant’s appointment. Despite this, the application was returned on 14.12.2023, citing delay and claiming it was not filed within two years from Thangaraj’s death. The applicant asserts this is factually incorrect, as the initial application was submitted within two months of the death, and the delay arose solely due to the pending legal proceedings, as acknowledged by the respondent. The applicant then approached the Hon'ble Madras High Court in W.P. Sr. No. 15009 of 2024. The petition was returned with instructions to approach the appropriate Tribunal.

Hence, this application is filed seeking the above relief.

3. We have heard both the parities and perused the pleadings and the materials placed on record.

4. Upon perusal of the records, it is noted that the applicant had submitted an application on 28.11.2019 to the Superintendent of Post, Ramanathapuram Division seeking for compassionate appointment. At that time a Civil Suit regarding the legal heirship of Late A. Thangaraj was pending, which led the respondents to advise the applicant to apply only after the conclusion of the suit.

Following the disposal of the Civil Suit on 13.08.2022, the applicant submitted a fresh application along with the legal heir certificate on 14.07.2023. However, the respondents vide impugned order dated 14.12.2023 rejected the request for compassionate appointment on the grounds that the application was not submitted within two years from the date of death of A. Thangaraj as stipulated in Para 11 of OM 17-01/2017-GDS dated 14.06.2023 of Ministry of Communications, Department of Posts (GDS Section). Para 11 of the OM reads as under:

“11. Belated requests: - Any request for engagement on compassionate ground received after two years from the date of death of the GDS or two years of attaining the requisite eligibility criteria (in case