CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/00659 of 2024 DATED THURSDAY, THE 19^th DAY OF FEBRUARY, TWO THOUSAND AND TWENTY SIX CORAM :

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

HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)

Mr. S. Kartik S/o. Late Prabhakaran Sathiasan, No.51/2, Peeli Amman Koil Street, Kottur, Chennai - 600 085. .....Applicant (Advocate: V. Chandrakanthan)

Versus

1. Government of India Ministry of Finance, Department of Revenue, Rep. by Additional Commissioner, O/o. the Principal Chief Commissioner GST and Central Excise, Tamil Nadu and Puducherry No. 26/1, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034;

Government of India.

2. The Union of India Rep. by The Commissioner of Central Excise Chennai-IV-Commissionerate, No.62, MHU Complex, Nandanam, Chennai-600 035. …........Respondents (Advocate: Mr. M. Kishore Kumar, SPC)

CAV ON : 19.01.2026

O R D E R

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

Applicant has filed this OA seeking to set aside the order dated 06/02/2024 and for a direction to the Respondent to appoint the applicant on compassionate grounds as per the order dated 22.12.2022 of this Hon'ble Tribunal in O.A. No. 447 of 2021.

2. The applicant states that his father, Late I. Prabhakaran Sathiyasam, who was working as Superintendent of Central Excise at Chennai Central Commissionerate, died on 04.02.2004 while in service, leaving behind his wife, three sons and one daughter as his legal heirs. As applicant’s father was suffering from nephrology issues, huge amount was spent on his renal transplantation by borrowing loan for treatment.

3. After the death of his father, the applicant gave representations to the respondent requesting to consider him for appointment on compassionate grounds as he and other family members are living in poor conditions without any source of income. Applicant had submitted 'No Objection' letter dated 31/12/2019 from other legal heirs and the Income Certificate dated 05.10.2020 issued by the Tahsildar showing that the applicant is living in poor condition and below poverty line.

4. Applicant gave another representation on 20.01.2020 and as there was no response from the respondent, he filed O.A. No. 477 of 2020 before this Tribunal praying for a direction to the respondent to consider his appointment on compassionate grounds. This Tribunal vide order dated 23.11.2020, directed the second respondent to dispose applicant's representation dated 20.01.2020 by a reasoned and speaking order as per law within a period of two months from the date of receipt of a copy of the order.

5. Applicant thereafter gave representation to the second respondent on 09.12.2020 enclosing therewith the order copy of this Hon'ble Tribunal and requested for compassionate ground appointment in any suitable post. However, the 2^nd respondent, vide order dated 10.02.2021, rejected his request. The applicant challenged the said order before this Tribunal in O.A. No. 447/2021 and prayed for setting aside the order dated 10/02/2021 and for a direction to appoint him. During the course of hearing, the Tribunal directed the second respondent to produce the file for its perusal and after perusing the file, Tribunal was pleased to allow the OA, set aside the order of the second respondent dated 10.02.2021 and directed the respondents to consider the case of the applicant afresh for compassionate appointment and issue the appointment order if otherwise he is eligible, and directed the second respondent to complete the exercise within a period of three months from the date of the receipt of the copy of the order.

6. As the respondent failed to comply with the order, the applicant filed a Contempt Petition in C.A. No. 26 of 2023 and thereafter, the second respondent filed compliance affidavit dated 07.02.2024 enclosing the impugned order dated 06.02.2024 passed by the first respondent rejecting the request made by the applicant. Subsequently, C.A. No. 26 of 2023 was closed on 08.02.2024 with liberty to the applicant to a