Compassionate appointment is not a right but a concession for immediate financial distress following a government employee's death, and cannot be claimed after significant delay.

ORDER:-

Heard Shri Sunil, learned counsel for the applicant and Shri Shree Prakash Rai, learned counsel for the respondents at the time of hearing.

2. The instant Original Application has been filed under Section 19 of the Administrative Tribunal Act, 1985 , by the applicant for quashing of the impugned order dated 27.02.2023 and 13.10.2018 passed by respondent-3 & 4, by which the application of the applicant for compassionate appointment has been rejected. Further, prayer has been made for a direction upon the respondents to provide the appointment to the applicant on compassionate ground.

3. Briefly stated, the facts of the case are that the applicant’s father while working as Sub-Postmaster under the respondents’ department died in harness on 17.10.2014, leaving behind his widow, applicant and one married daughter. Subsequently, applicant preferred an application before the respondent-4 for appointment of the applicant on compassionate appointment on 17.03.2016 along with no objection certificate by other dependant family member(s).

3.1 Thereafter, the Respondent-2 vide order dated 13.10.2018, whereby the case of the applicant for compassionate appointment was not recommended on the ground that the Circle Relaxation Committee examined the matter and on the basis of comparative merit points, the applicant was obtained only 20 merits points and last recommended candidate was obtained 52 merit points.

3.2 Since the applicant has no source of income for his livelihood, he again represented before the respondents on 17.08.2022 followed by reminders for consideration of his case for compassionate appointment. In view thereof, the respondent-3 vide letter dated 27.02.2023 informed the applicant that the case of the applicant was considered in the Circle Relaxation Committee, which was held on 27.09.2018 and 28.09.2018, but the case of the applicant was not recommended due to low merit points and rejected the case of the applicant due to unavailability of vacancies for compassionate appointment. The order dated 13.10.2018 and letter dated 27.02.2023 are impugned in this original application.

4. Counter affidavit has been filed from the side of the respondents on 02.07.2024 wherein it is stated that the father of the applicant namely late Chhote Lal, while working as Sub-Postmaster was died. Thereafter, the applicant applied for compassionate appointment, which was considered by the respondents on its Circle Relaxation Committee Meeting dated 27.09.2018 & 28.09.2018 and the applicant was allocated only 20 merit points and as such, the case of the applicant was not recommended for compassionate appointment vide letter/order dated 13.10.2018 due to unavailability of vacancies under 5 % quota of compassionate appointment vacancies, which was informed to the applicant vide letter dated 25.10.2018.

4.1 After rejection of the applicant’s case, the applicant again represented before the respondents on 27.09.2022, 28.10.2022, 01.12.2022 and 26.12.2022. In view of representation of the applicant, he was informed vide letter dated 27.02.2023 that his case for compassionate appointment was already considered by the Circle Relaxation Committee Meeting, which was held on 27.09.2018 & 28.09.2018 and the applicant was allocated only 20 merit points and as such, the case of the applicant was not recommended for compassionate appointment. Hence, the original application is liable to be dismissed.

5. Rejoinder affidavit has been filed by the applicant on 24.09.2025 to the said counter-affidavit, wherein the applicant re