(Reserved on 11.12.2025)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

Original Application No. 849/2016 This is the 22^nd Day of January, 2026 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Neeraj Kumar Mishra Son of Late Sri Daya Naraiyan Mishra, Resident of 133/694 M Block Naya Puruwa Kidwai Nagar,Post – T.P. Nagar Kanpur, District Kanpur Nagar, 208023.

………..Applicant By Advocate: Shri S.M.A. Naqvi Versus

1. Union of India through Secretary, Ministry of Communication & IT, Department of Posts, Dak Bhawan, New Delhi 110001.

2. The Secretary Department of Posts, Dak Bhawan, Sansad Marg, New Delhi

110001.

3. Chief Post Master General U.P. Circle Lucknow 226001. 4. The Postmaster General, Kanpur Region Kanpur 208001.

5. Sr. Superintendent of Post Offices, Kanpur (City)Postal Divisional Kanpur

208001.

……… Respondents By Advocate: Shri Rajni Kant Rai

O R D E R

Heard Shri S.M.A. Naqvi, learned counsel for the applicant and Shri Rajni Kant Rai, learned counsel for the respondents

2. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following main relief(s):-

“(a) To issue a writ, order or direction in the nature of certiorari to set aside the order dated 20.03.2012 & issue direction to appoint the applicant on the post of Postman in the Kanpur Postal Region/Kanpur (City) Dn. under the Provision of the Relaxation of Recruitment rules applicable at the time of the death of the deceased employee.”

3. The brief facts of the case, as stated by the applicant in the Original Application, are as follows:-

3.1 The father of the applicant was an employee of the Department of Posts, working as a Postman at T.P. Nagar Post Office, Kanpur City Postal Division. He died on 03.02.2008 due to a heart attack, before attaining the age of superannuation, leaving behind his widow and dependent family members without any independent source of income.

3.2 The applicant submitted a complete application/synopsis for compassionate appointment on 29.05.2008 through the proper channel for consideration by the Circle Relaxation Committee (CRC). Certain objections raised by the respondents were duly rectified by the applicant on 07.03.2010.

3.3 At the time of death of the applicant’s father, the Relative Merit Points System for compassionate appointment was not in force in the Department of Posts. However, after a delay of about two years, the respondents applied a new scheme introduced vide communication dated 20.01.2010 to the applicant’s case, though the said scheme did not provide for retrospective application.

3.4 The applicant’s case was assessed under the new points-based system, wherein relevant and justified points were allegedly ignored, resulting in incorrect calculation of merit points (49 instead of the claimed

59), thereby adversely affecting the applicant’s merit position.

3.5 The Circle Relaxation Committee did not recommend the applicant’s case, citing limited vacancies under the 5% quota and lower merit points, which was communicated to the applicant vide memo dated 20.03.2012. Subsequent representations and RTI applications revealed alleged discrepancies in point calculation and differential application of the 5% ceiling in other postal circles.

3.6 Ultimately, the applicant’s representation dated 01.09.2015 was rejected vide order dated 28.12.2015, reiterating that due to limited vacancies and the applicant securing only 49 merit points, his case could not be approved, giving rise to the present Original Application.

4. In the counter affidavit dated 22.12.2017, the learned counsel for the respondents has, while controverting the averments made in the Original Application, stated as under:-

4.1 The applicant’s father, late Shri Daya Narain, Ex-Postman, T.P. Nagar Post Office, Kanpur City Division, expired on 03.02.2008, prior to his date of superannuation i.e. 30.06.2014. Thereafter, the applicant, being the son of the deceased employee, applied for appointment on com