CENTRAL ADMINISTRATIVE TRIBUNAL LUCKNOW BENCH Original Application No. 332/00541/2024 Dated, this 08th day of December, 2025 HON’BLE MR. PANKAJ KUMAR, MEMBER (A)

Khwajuddin, aged about 34 years, S/o Sajid Husain, R/o Sadar Bazar, Colonelganj, District Gonda.

...Applicant By Advocate: Sri Pushpraj Singh VERSUS

1. Union of India through its Secretary, Ministry of Post &

Telegraph, Dak Bhawan, Sansad Marg, New Delhi.

2. Post Master General, Region Gorakhpur, Gorakhpur.

3. Superintendent of Posts, Gonda Region, Gonda.

...Respondents By Advocate: Smt. Prayagmati Gupta O R D E R (ORAL)

PER HON’BLE MR. PANKAJ KUMAR, MEMBER (A)

In this case relating to the compassionate appointment, the applicant has sought the following reliefs:

a) The Hon'ble Tribunal may kindly be pleased to set aside the impugned order dated 30.01.2024 passed, by opposite party No. 2 and order dated 12.08.2015 passed by opposite party No. 3, in the interest of justice.

b) To direct the Respondents that they consider the case of applicant and appoint the applicant on compassionate grounds on the suitable post within reasonable time as early as possible, in the interest of justice.

c) Any other order which this Hon’ble Tribunal may deem fit may also be passed.

2. The facts of the case are that the applicant’s father died in harness on 09.01.2013 while working on the post of Multi-Tasking Staff (MTS) under the respondents. The applicant’s claim for compassionate grounds was declined by the respondents vide order dated 12.08.2015. The applicant appealed on 04.09.2023 against rejection of his claim and approached Hon’ble High Court in Writ-A No. 9105 of 2023 which was disposed of on 28.11.2023 directing the respondents to consider and decide the applicant’s pending appeal. The respondents rejected the applicant’s appeal dated 04.09.2023 vide their order dated 30.01.2024. Aggrieved, the applicant has preferred this OA.

3. The applicant’s contention is that the respondents have rejected his claim for appointment on compassionate ground without ascertaining the family’s income despite the penurious condition of his family.

4. The respondents state that an amount of Rs. 11,00,677/- was paid to the applicant’s mother at the time of the death of his father and that the applicant’s mother is also receiving family pension. It is further stated that the applicant’s case for appointment on compassionate grounds was considered by the Circle Relaxation Committee (CRC, hereafter) on 16-17.07.2015 as per guidelines dated 20.01.2010, but it was not recommended due to less merit points secured by the applicant (keeping in view factors such as family pension, retirement benefits, number of dependents, movable and immovable property, education of children, number of unmarried daughters and remaining service period of the deceased employee) and the limited number of vacancies available for the years 2013 and 2014.

5. Heard both the parties.

6.1 Consolidated guidelines on scheme for compassionate appointments have been brought out by the Government of India. The object of the scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of the Government servant concerned from financial destitution and to help it get over the emergency [Paragraph 1 of DOPT O.M. No. 14014/6/94-Estt.

(D) dated 09.10.1998].

6.2 In Umesh Kumar Nagpal vs State of Haryana 1994 AIR SCW 2305, Hon’ble Supreme Court held:

“6. For these very reasons, the compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. The consideration for such employment is not a vested right which can be exercised at any time in future. The object being to enable the family to get over the financial crisis which it faces at the time of the death of the sole breadwinner, the compassionate employment cann