Central Administrative Tribunal Principal Bench, New Delhi OA No. 3512/2024 Order reserved on 26.02.2026 Order Pronounced on 18.03.2026 Hon’ble Mr. Rajveer Singh Verma, Member (J)

In the matter of Sh. Brijesh Chaubey S/o Late Sh. Rangji Chaubey, R/o Kh. No. 317/214, Gali No. 15, B-Block, Mukundpur Part-I, Delhi-110042.

Applicant (By Advocate: Mr. Virender Sing)

Versus The Commissioner Delhi Police Delhi Police New HQ, Jai Singh Road, New Delhi-110001 Email: cp.sanjayarora@delhipolice,gov.in Respondent (By Advocate: Ms. Annu Singh)

ORDER

1. Brief facts of the case are as under:-

(i) The father of the applicant namely Shri Rangji Chaubey was worked with the respondents as Assistant Sub Inspector (ASI) and was expired during service on 26.02.2018 at the age of 56 years

07 months and 25 days due to illness.

(ii) The mother namely Smt. Shanti Chaubey w/o deceased employee submitted an application on 25.05.2018 for the appointment of applicant on PrashPrashant compassionate ground in Delhi Police as Head Constable (Ministerial) or constable (Executive).

(iii) The concerned DCP recommended name of applicant for the post of MTS and after due verification i.e. after completion codal formalities i.e. physical measurement, property verification etc., name of applicant was considered by the screening committee in its meeting held on 11.10.2018 but could not be approved as he was found overage and less deserving in comparison to other similarly placed other cases. Thereafter request for appointment was declined by the respondents vide order dated 20.12.2018 (Annexure A-4).

(iv) The mother of the applicant again made her application to Hon’ble L.G. for the appointment of her son on compassionate ground on 31.12.2018. The same was reject by the Hon’ble LG on 04.07.2019 (Annexure A-5) and communicated to her on 31.08.2019 (Annexure A-6).

(v) The mother of applicant again made request with respondent to appoint her son on compassionate ground on 19.08.2019 (Annexure A-7). The mother of applicant received certain information from respondents under RTI reply on 21.06.2022 and

27.06.2022.

(vi) The applicant also filed a fresh representation on

07.02.2024 with no objection of other legal heirs of the deceased. However received no response from respondents.

2. Feeling aggrieved with the decision of the respondents the applicant has filed present OA for following reliefs:

PrashPrashant “(i) The applicant may be please appointed any suitable post on the basis of education and as per norms of the respondent on the compassionate ground.

(ii) Pass any other or suitable relief in favour of the applicant in the interst of justice.”

3. The respondents have filed written submission and have prayed to dismiss the OA on following rounds:

(i) Application dated 25.05.2018 submitted by mother of applicant and w/o deceased employee for appointment of applicant on compassionate ground was duly considered and recommending authority recommended the name of the applicant for the post of MTS and after completing the codal formalities, the candidate was considered by the screening committee in its meeting held on 11.10.2018 but could not be approved as same was found overage & less deserving in compassionate to similarly placed other cases.

(ii) As per standing order No. 39/2018 dated

20.12.2018, the age requirement for the post of MTS of General category candidate is 27 years, whereas the applicant had already completed the age of 28 years 10 months, being his date of birth 01.07.1989 as on 25.05.2018 i.e. date of first application submitted by his mother.

(iii) The respondents have referred clause 6(b) of standing order No. 39/2018. (Now 6(a) of standing order no. welfare/04/20225) and submitted in their written submission in reply to para 4.2 -4.3 of OA that:

PrashPrashant “………Compassionate ground appointment will not be offered to the dependent of the deceased police personnel, where there is already an earning member i.e. Govt. Servant (including public sector undertaking). In the insta