Compassionate appointment is granted only in cases of financial distress, not as a right.

O R D E R (oral)

The applicant is praying to set aside the impugned order dated 31.10.2022 (Annexure A-1) whereby his case for compassionate appointment has been rejected and he is seeking direction to the respondents to reconsider his case for appointment on compassionate grounds.

2. The brief facts of the case are that the father of the applicant late Jagdish Kumar Kori while working as MTS under respondent No. 4 died in harness on 26.07.2016 (Annexure A-2). The deceased left behind his wife and three sons. The wife of the deceased employee also expired on 19.01.2017 (Annexure A-3). The younger brother of the applicant, who was below the age of 25, was getting family pension which stopped in September 2020 on his becoming major. The applicant filed an application before the respondents on 03.04.2017 (Annexure A-4) for grant of compassionate appointment. He had the requisite qualification for consideration of his case for compassionate appointment as he was 10^th standard pass. A copy of his mark sheet is enclosed PIYUSH as (Annexure A-5). The relevant affidavit from this siblings that CHAND RA they have no objection to the applicant being considered for compassionate appointment is enclosed as (Annexure A-6). The applicant filed several representations before the respondents. However on 03.02.2022 a letter dated 28.01.2022 was received by the applicant which was regarding the list of the candidates who were considered by the Departmental Screening Committee (DSC) in which the name of the applicant figured at Sl. No. 8. Letters dated 03.02.2022 and 28.01.2022 are enclosed as Annexure A-8). Thereafter, respondent No. 3 appointed 25 candidates vide order dated 28.02.2022 (Annexure A-9) and it was also mentioned that the candidature of the 27 other candidates was recommended by the DSC and their case were sent to Central Board of Direct Taxes (CBDT) New Delhi for relaxation. In the said letter the applicant’s name figured at Sl. No. 20 seeking relaxation on the grounds of ‘Earning Member’ Clause in the policy. The respondents, thereafter passed the impugned order dated 31.10.2022 (Annexure A-1) without considering the ‘economic condition’ of the applicant and they have also not disclosed the financial condition and liability of other persons who have been given appointment on Compassionate basis. The applicant has also stated that a cyclostyled order has been PIYUSH CHAND RA passed by the respondents and the grounds of relaxation of the condition have not been considered at all while rejecting his application.

3. The applicant has submitted that he is unable to understand as to how his application got rejected when it was recommended by the DSC and was sent to CBDT only for seeking relaxation. The rejection of the application of the applicant is in violation of the Para 11 of the DoP&T OM No. F.No. 14014/02/2012-Estt.(D) dated 16.01.2013 (Annexure A-11). 4. The respondents have filed their reply in which they have contended that late Jagdish Prasad Kori the deceased MTS of the respondents’ department left behind his wife and three sons. Shri Krishna Kumar Koti the eldest son of the deceased employee requested for compassionate appointment vide application dated 03.04.2017 at the age of 32 years and he was X Std. pass at the time of filing the application. The DSC was held on 28.02.2018 and 22.01.2019 for consideration of the applications for compassionate appointment for the year 2011-12, 2012-13, 2013- 14 and 2014-15. The case of the applicant was not considered PIYUSH CHAND RA by the DSC held on 28.03.2018. His case was finally considered by the DSC held on 21.02.2022 and on the basis of the recommendation of the DSC approved by the Principal Chief Commissioner of Income Tax Bhopal, the case of the applicant was sent for rel