ORDER

Learned counsel for the parties are present and heard.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-

“(a) Issue an order or direction setting aside order dated 06.04.2016 passed by respondent no. 4 (Annexure A-1 to the Ist compilation).

(b) Issue an order or direction directing the respondents to give appointment to the applicant under the compassionate ground within stipulated time.

SRAIRVPAISTTAA V

(c) Issue any other suitable order or direction which this Hon'ble Tribunal may deem fit and proper under the facts and circumstances of the case.

(d) Award the costs of the application in favour of applicant.”

3. The brief facts of the case, as stated in the Original Application, are that the father of the applicant was working as a Technician in the office of Respondent No. 4 and went missing during the course of his service on 07.10.1984. Thereafter, the mother of the applicant instituted a case for declaration of death of her husband before the Additional Munsif Magistrate-VI, Ballia, and by order dated 09.07.1993 the said court declared the death of the applicant’s father. After attaining majority on 28.07.2002, the applicant submitted an application dated 03.08.2002 before Respondent No. 4 seeking appointment on compassionate grounds. Subsequently, after attaining the age of 21 years, the applicant again submitted an application along with an affidavit on 02.03.2006 before the District Engineer, Bharat Sanchar, Saharanpur, requesting compassionate appointment; however, no action was taken thereon. The mother of the applicant also submitted several representations on 07.01.2009 requesting compassionate appointment for her son, but the same remained unattended. The Assistant Director Telecom (Administration), Office of the General Manager Telecom, Saharanpur, took cognizance of the grievance and vide letter dated 03.07.2009 addressed to the Assistant Director Telecom (Recruitment), Office of Respondent No. 1, sought guidance/advice regarding compassionate appointment of the applicant, which was reiterated on 18.07.2013, but no decision was taken. Thereafter, after about four years, the Assistant Director, Office of the General Manager, Saharanpur, addressed a letter to the Assistant General Manager Telecom (Administration), Office of the General Manager Telecom District, Ballia, seeking details regarding the financial status of the applicant. Further, vide letter dated 28.12.2013, the Assistant Director, Office of the General Manager (Administration), Saharanpur, requested the Up-Mandal Engineer (Administration), Office of the Telecom District Manager, Ballia, as well as the applicant, to submit relevant documents and certificates for consideration of compassionate appointment. When no decision was taken by the respondents, the applicant submitted a final reminder through registered post on 15.04.2015 before Respondent No. 1.

SRAIRVPAISTTAA V

Ultimately, Respondent No. 4 passed the impugned order dated 06.04.2016, rejecting the claim of the applicant for compassionate appointment on two grounds, namely (i) delay in submission of the claim, and (ii) the applicant’s mother was receiving family pension. Aggrieved by the said rejection order dated 06.04.2016, the applicant has filed the present Original Application before this Tribunal.

4. Per contra, the respondents have filed their counter reply, wherein the respondents contend that as per the guidelines issued by the Department of Personnel & Training (DoPT), the object of the compassionate appointment scheme is to provide immediate financial relief to the family of a Government servant who dies in harness or is retired on medical grounds, leaving the family in indigent circumstances and without any means of livelihood. It is further stated that if the family had been in indigent condition, the mother of the applicant would have applied for comp