CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH, CHANDIGARH Order Reserved: 03.11.2025 Order Pronounced: 02.12.2025 CORAM:

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

Jaspreet Singh, S/o Mohan Singh R/o aged 22 years, House No. 115 Sector 30-A, Chandigarh - 160030 ….Applicant (By Advocate: Mr. B.S. Patwalia)

Versus

1. Union of India, Department of Posts, Office of the Postal Directorate, Dak Bhavan, Sansad Marg, New Delhi – 110001 through its Secretary

2. Department of Posts, Punjab Circle, Sandesh Bhawan, Sector 17-E, Chandigarh – 16007

3. Assistant Director Postal Services (Staff), Punjab Circle, Sandesh Bhawan, Sector 17-E, Chandigarh – 16007

4. Gagandeep Singh S/o Sukhdev Singh Ex-parte vide Order dated

5. Vinod Kumar S/o Prithi Raj 27.02.2023 Respondent No. 4 and 5 through the Chief Postmaster General, Punjab Circle, Sandesh Bhawan, Sector 17-E, Chandigarh –

16007 ….Respondents (By Advocate: Mr. Sanjay Goyal, Sr. CGSC with Ms. Kashika Maheshwary)

O R D E R

The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

“(i) To Quash the impugned order dated 2.12.2019 (Annexure A-4) vide which the claim of the applicant for grant of appointment on compassionate grounds has been arbitrarily rejected and other persons who did not fulfill the eligible criteria have been wrongly granted relaxation and the claim of the applicant has been not considered.

(ii) To Quash the minutes of the meeting and recommendation dated 08.08.2019 (Annexure A-5) vide which the case of other person has been recommended for compassionate appointments and the case of the applicant has been wrongly, arbitrary rejected and a consequence of the same quashing appointments of Respondent no. 5 & 6.

(iii) It is further prayed to issue directions to the respondents to consider the claim of the applicant for grant of appointment in terms of the policy cum instructions dated 16.1.2013 (Annexure A-2) and with a further direction to the respondents to grant appointment on compassionate grounds to the applicant.

(iv) It is further prayed that this Tribunal may kindly be pleased to issue any other order which this Tribunal deems fit in the facts and circumstances of the present OA.”

2. The brief facts of the case are that the applicant’s father Late Sh. Mohan Singh was appointed as a Postman at the Department of Posts on 12.10.1993. Thereafter, he applied for the Departmental exam for further promotion and subsequently got promoted as Postal Assistant and joined his duties at Patiala on 28.12.2014. He was transferred to Head Office at Rajpura for Patiala Division and unfortunately, he met with a major road accident and died on the spot on 20.01.2018. The applicant applied for compassionate appointment, in pursuance to instructions/policy governing the compassionate appointment.

However, the case of the applicant for compassionate appointment was rejected vide impugned letter dated 02.12.2019 (Annexure A-4).

3. The perusal of the instructions/policy issued for compassionate appointment vide OM dated 16.01.2013 would reveal that under Clause 6, exemption and relaxations are given only under those limited circumstances, that a candidate, who applied for compassionate appointment can be granted any relaxation under Clause B of relaxation. It is categorically mentioned in “Exceptional circumstances” the Government may consider recruiting person, who do not fulfil the minimum educational standard. It is submitted that the said relaxation is only under exceptional circumstances and not a routine affair. The note attached with the relaxation would also reveal that it is only the Secretary of the concerned Administrative Ministry/Department, who shall be competent for granting of the said exception. It is also imperative to highlight that the said relaxation to be granted to candidates is based on Office Memorandum dated 11.12.2009 (Annexure A-3).

4. A perusal of the impugned letter dated 02.12.2019 would reveals t