CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/00335 of 2023 DATED TUESDAY, THE 14^th DAY OF OCTOBER, TWO THOUSAND AND TWENTY FIVE CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

E. Maithrayan (age 23), S/o. (late) A.Elumalai, No. 165, Bharathi Street, Poonjeri, Mamallapuram-603 104.. ..........Applicant (Advocate: M/s. R. Malaichamy )

-Versus-

1. Union of India, Rep. by the Chief Postmaster General, Tamil Nadu Circle, Anna Salai, Chennai-600 002;

2. The Assistant Director (Rectt. Estt.), O/o. the Chief Postmaster General, Tamil Nadu Circle, Anna Salai, Chennai-600 002;

3. The Superintendent of Post Offices, Chengalpattu Division, Chengalpattu 603 001.. …..Respondents (Advocate: Mr. K. Rajendran)

CAV ON : 11.09.2025

O R D E R

(Hon'ble Ms. Veena Kothavale, Member(J)

The applicant has filed this OA challenging the impugned orders dated nd rd

10.03.2023 and 14.03.2023 passed respectively by the 2 and 3 respondents rejecting his application for engagement as GDS on compassionate grounds and for a direction to appoint him on compassionate grounds.

2. It is stated by the applicant that his father A. Elumalai died on 26/04/2014 while working as Gramin Dak Sevak Mail Deliverer/Mail Carrier and at that time, he was facing disciplinary proceedings initiated against him by the third respondent under Rule 10 of Department of Posts, GDS (Conduct and Engagement) Rules, 2011. Vide order dated 23.05.2014, the disciplinary proceedings came to be closed and his family was paid full allowances for the period between 23/10/2010 (the date of put of duty) and 26/04/2014 (the date of death).

3. The applicant was a minor aged 15 years at the time of his father's death and immediately on attaining majority, he submitted a representation dated 05.12.2019 requesting for appointing him on compassionate grounds due to condition of penury. Applicant's mother also had submitted representations from time to time requesting the competent authority to appoint applicant on compassionate grounds. However,

nd

vide order dated 08.01.2021, 2 respondent has rejected his claim stating that the

applicant's father was involved in MO frauds and therefore the case of the applicant was not recommended.

4. It is contended by the applicant he is entitled to get appointment on compassionate grounds as his father was neither removed nor dismissed from service nd based on the findings of the Inquiry Officer and as per the order of 2 respondent dated 23.05.2014, his father was deemed to be in service as on 25.04.2014. Therefore, applicant filed O.A. No. 614 of 2021 before this Hon'ble Tribunal challenging the order said of 2^nd respondent dated 08.01.2021. The respondents had filed their reply stating that earlier, applicant's father was imposed with penalty of "dismissal from service" vide order dated 31.01.2006 and thereafter, said order was modified as "debarred from being considered for recruitment to Postman and Group D for a period of 3 years" and he was re-engaged as GDS MD/MC. It was also ordered that applicant's father will forfeit his entire past services and it will not count for any purposes and on his re-engagement, he will draw the minimum of TRCA and the period of put off duty and non-employment will be treated as such, and he will not be entitled to draw any TRCA during that period.

5. The applicant further contends that he came to know about the said order dated 30.01.2006 only from the reply statement filed by the respondents in O.A. No. 614 of 2021. By relying on the Postal Directorate guidelines dated 15.02.2001, the respondents had then taken a stand that applicant is not entitled for compassionate ground appointment. However, vide order dated 01.12.2022, this Hon'ble Tribunal nd had not only quashed the order of 2 respondent dated 08.01.2021, but had given direction to the respondents to consider the claim of the applicant for compassionate appointment as per the policy that existed as on the date of death of his father.

nd

6. However, by citing Postal Directorate