Compassionate appointment is not a vested right and is subject to strict compliance with procedural criteria including merit evaluations and vacancy availability.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

I) Prayer for commanding upon the respondents to consider the case of the applicant for his compassionate appointment in the department of the respondents in the given facts and circumstances of the case.

II) The Hon’ble Tribunal may kindly award such other reliefs as may be considered appropriate in the circumstances of the present case.

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, Pranav Singh Chib, is a permanent resident of the Union Territory of Jammu & Kashmir and claims entitlement to protection of his statutory and constitutional rights under the Constitution of India. His mother, Smt. Shashi Kanta, was working as a Postal Assistant at Jammu Head Office under the Department of Posts. While in active service, she unfortunately passed away on 19.10.2015 due to sudden illness. Upon her death, she left behind her husband and two sons, including the applicant

b) Soon after the demise of his mother, the applicant approached the respondent department seeking appointment on compassionate grounds, asserting that the family was left in financial distress. In furtherance of his request, the applicant completed and submitted the prescribed proforma along with requisite documents relating to compassionate appointment of dependents of government servants dying in harness.

c) The case of the applicant was thereafter forwarded by the Senior Superintendent of Post Offices, Jammu, to the Assistant Superintendent of Posts, Akhnoor Sub-Division, for verification and necessary action vide communication dated 13.10.2016. During the pendency of consideration of his case, the applicant suffered another personal setback when his father also passed away in January 2019, thereby leaving the applicant and his younger brother without parental support.

d) Following the death of his father, the applicant once again represented to the respondents on 12.03.2019, requesting reconsideration and expeditious finalization of his claim for compassionate appointment, highlighting the aggravated financial hardship of the family. According to the applicant, despite repeated approaches, his case remained undecided for a considerable period.

e) Ultimately, the applicant was informed vide communication dated 15.09.2020 that his case for compassionate appointment to the post of Postal Assistant had been considered by the Circle Relaxation Committee in its meeting held on 05.08.2020 but was not recommended due to non-availability of sufficient vacancies within the permissible quota.

f) The applicant has assailed the said decision as arbitrary and discriminatory, contending that the respondents, by order dated 14.09.2020, had granted compassionate appointments to several other candidates for the post of Postal Assistant for different vacancy years ranging from 2015 to 2019. According to the applicant, the plea of non-availability of vacancies in his case is factually incorrect and reflects a pick-and-choose policy adopted by the respondents, thereby violating the principles of fairness and equality.

3. The respondents have filed their written statement wherein