Compassionate appointments are not a vested right and must address immediate financial need, as long delays undermine claims.

ORDER

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief:-

“a) To issue a writ order or direction in the nature of Certiorari quashing the impugned order dated 12.08.2003 which only served to the applicant with impugned letter dated 15.1.2013 and 1.5.2013 (Annexure No.1)

b) To issue a writ, order or direction in the nature of Mandamus commanding the respondents to reconsider the claim of applicant for compassionate appointment in place of his deceased brother Phool Chand T.N. 1511 (Mazdoor) group ‘D’ post in Ordnance Dept. Fort Allahabad.

c) To award the cost of this application in favour of the applicant.”

2. Brief facts of the case are that the applicant is the brother of Late Phool Chand who was serving as Mazdoor, a group 'D' post in Ordinance Depot Fort, Allahabad and expired on 11.08.1998 while he was in service. The post of Mazdoor on which the deceased brother of the applicant was serving was/is a regular permanent and substantive post against which the applicant applied for his compassionate appointment under the provisions of Dying in Harness Rules vide application dated 28.10.1998. Vide letter dated 31.5.1999, respondent no. 3 asked the applicant to submit certain documents. The applicant submitted the requisite documents via applications dated 7.7.1999. Thereafter, respondent no.3 asked for various documents through letters dated 14.09.1999, 16.05.2000, 07.07.2000 and 19.05.2001 and the applicant supplied the requisite documents in compliance thereof through applications dated 22.09.1999, 26.05.2000, 01.08.2000 and 18.06.2001. When nothing was done, the applicant filed an O.A. No. 944 of 2002 Gulab Chand vs. U.O.I. before this Tribunal at Allahabad Bench, in which, after exchange of counter and rejoinder affidavits the order dated 7.5.2003 was passed with the direction to the Commandant to take final decision with regard to the claim of the applicant for appointment on compassionate grounds within a period of three months from the date of submission of the copy of the order and accordingly after getting the certified copy of the order the same was submitted along with an application dated 2.6.2013 before the Commandant Ordnance Depot Fort, Allahabad and the copies of the same were also sent to the respondent nos. 1 and 2 respectively but nothing has been done till date even after reminders being submitted by the applicant. The applicant had also filed an original application no. 597 of 2014 in the month of May, 2014 but the same was filed without proper facts and proper relief therefore it was withdrawn with liberty to file fresh application with proper facts and proper relief vide order dated 23.12.2016.

3. Heard Shri Santosh Kumar Singh, learned counsel for the applicant and Shri Subhash Chandra Mishra, learned counsel for the respondents.

4. Submission of learned counsel for the applicant is that the applicant was fully dependent on his deceased brother Phool Chand and was living with him at the time of his death on 11.08.1998. It is submitted that all the documents required including the verification report from a Tehsildar Phulpur, Allahabad regarding applicant's moveable/ immoveable property and a report of dependency on Phool Chand in respect of the applicant and other connected information have been submitted to respondent no. 3. Even after that no action has been taken on appointment of the applicant on compassionate grounds. The ap