Compassionate appointment is not an absolute right, and delays in claims can undermine their merit.

Per: Mr. Suchitto Kumar Das, Administrative Member.

1. This matter is taken up by the Single Bench for disposal in accordance with the order of the Hon ’ble Chairman, CAT dated

10/09/2021 issued under Sub-Section (6) of Section 5 of the Administrative Tribunals Act , 1985, and since no complicated question of law is involved.

2. Learned Counsel for both sides are present and are heard.

3. Ms. R. Basu, Learned Counsel appears on behalf of the respondents through audio/video conference.

4. 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 disability 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 that 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 cancel, set aside order dtd. 19.11.2015”.

5. Learned Counsel for the applicant fairly submits that similar issue has already been decided by the Division Bench of this Tribunal in O.A./350/0634/2025 on 09/07/2025.

6. Learned Counsel for the respondents agrees with the submission of Learned Counsel for the applicant and submits that O.A./350/0634/2025 was dismissed by the Division Bench. Therefore, the present O.A. should also be dismissed.

7. I have perused the order of the Division Bench in O.A./350/0634/2025 , the operative part of which reads as follows:-

“ From the perusal of the speaking order, it is noted that grounds for such rejection are:-

(i) There was no proof that the father of the applicant died by an accident while on duty as per the Agreement dated 5^th July, 1989.

(ii) If he could survive from 2009 to 2015, the main ground for appointment on compassionate ground has been frustrated.

7. In view of the above, it is noted that even after rejection on these two grounds, the applicant has approached this Tribunal after 10 years. Since compassionate appointment is not a matter of right and the applicant approached the authority in 2009 and thereafter in 2015 and the authority had passed the order in 2015 already, therefore if the applicant could survive so far, we do not find any merit in the instant case to condone the delay of 10 years”.

8. The employee in this case died on 2010. The dependents made their representation for compassionate appointment and then moved the Hdeoant’hb loef Hthigeh e mCopulorty eien. 2A0ls1o5, .i tM iso rteh et hsapne c1if0ic yceaasres o hf atvhee rpeasspsoendd seinntcse