Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 3723

CENTRAL ADMINISTRATIVE TRIBUNAL
Santosh Mehra, Administrative Member
N. Lokesh – Appellant
Versus
Chief Post Master General Karnataka Circle – Respondent
ORIGINAL APPLICATION NO.170/00100/2025

Advocates:
For the Appellants/Petitioners: Sampangi Ramaiah
For the Respondents: H.R Sreedhara

Authorities must advise disabled employees seeking medical VRS of continuation options under disability laws before acceptance; failure entitles dependents to compassionate appointment consideration without post-2015 bar excuse.

Headnote:(A) Central Civil Services (Pension) Rules, 1972 - Rule 38(1); Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Section 47; Rights of Persons with Disabilities Act, 2016 - Section 20(4); DoPT OMs dated 19.05.2015 & 07.09.2020 - Voluntary retirement on medical grounds - Employee with permanent disability applied for invalidation retirement without being advised of options to continue in service with same pay scale, supernumerary post, or adjustment to alternative post as mandated - Subsequent rejection of dependent's compassionate appointment application citing post-19.05.2015 bar held illegal for non-compliance with mandatory procedure to counsel employee before accepting retirement - Compassionate scheme applicable to medical invalidation retirement under Rule 38 before age 55/57 years with cutoff date as retirement date for indigency assessment - Impugned rejection orders quashed; direction to consider application on merits in next committee meeting. (Conclusion paras 8(ii), 8)

(B) Compassionate appointment - Scope - Not vested right or alternative recruitment but exception to relieve penury post-medical retirement/death - Must assess financial distress at cutoff date (retirement/medical invalidation date); repeated mechanical rejections without merit evaluation or thrice consideration violate scheme - Authorities cannot approbate/reprobate by ignoring own prior considerations and guidelines. (Paras 8, Conclusion)

Facts of the case:
Multi-Tasking Staff suffered paralytic stroke, underwent surgeries, became completely incapacitated, applied for voluntary retirement on medical grounds requesting guidance (06.12.2021), medically certified permanently unfit (04.02.2022), relieved (15.02.2022) without mention/advice on disability protection OMs or Acts. Post-retirement, family in penury despite pension/gratuity; son's compassionate appointment application (06.06.2022) rejected four times (2023-2025) solely citing DoPT OM 19.05.2015 bar for post-2015 medical invalidations, without indigency/merit assessment.

Findings of Court:
Relieving order silent on mandatory guidance under DoPT OMs/PWD/RPWD Acts despite employee's request; non-compliance caused irreversible harm; applicant qualifies under compassionate scheme for medical retirees under Rule 38; rejections arbitrary, not based on relative merit or thrice review.

Issues: (1) Whether authorities complied with duty to advise disabled employee of continuation options before accepting medical invalidation retirement; (2) Eligibility for compassionate appointment post-medical retirement and validity of mechanical rejections ignoring scheme cutoff/merits.

Ratio Decidendi: Superior officers must explain legal protections (continuation/supernumerary post) to disability-affected employees seeking medical VRS per DoPT OMs, Supreme Court in Bhagwan Dass, and RPWD Section 20(4); failure vitiates process, entitles merit consideration for dependent's compassionate claim without post-2015 bar as excuse; procedure prescribed must be followed strictly.

Result: Original Application allowed; four rejection orders set aside; respondents directed to consider son's compassionate appointment in next meeting per scheme/law with speaking order.

Table of Content
1. applicant's medical invalidation and vrs facts (Para 1 , 2)
2. applicant's arguments on guidance failure and eligibility (Para 3)
3. respondents' defense on procedures and dopt oms (Para 4)
4. rejoinders on non-compliance with vrs guidance (Para 5 , 6)
5. additional replies on incapacity and portal rules (Para 7)
6. court analysis of documents and key non-compliances (Para 8)
7. ratio: mandatory guidance under dopt oms violated (Para 9)
8. order quashing rejections and directing consideration (Para 10)

ORDER

Per: Hon’ble Shri Santosh Mehra ……Member(A)

Through this OA, the applicant has sought the following reliefs:

(i) Issue an Order in the nature of Writ of Certiorari quashing the Impugned Office Orders vide letters (1) No.R&E/2-5/1114/2022 dated 23/28-11-2023 at Annexure A-6 (2) No. R&E/2-5/Medical Invalidation Cases/Dealings dated 03/05-04-2024 at Annexure A- 8, (3) No. R&E/2-5/Medical Invalidation Cases/Dealings dated 09-08-2024 at Annexure A-10, and (4) No. R&E/2-5/Medical Invalidation Cases/Dealings dated 03-01-2025 at Annexure A12 passed by the 2nd Respondent which have been produced as ANNEXURE-A 6,8,10 and 12 as the said orders are illegal, unjust, arbitrary, capricious, irrational and violate of Articles 14, 16 and 21 of the Constitution of India, apart from being contrary to the principles of rules of natural justice.

(ii) Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondents to consider the Applicant's prayer for appointment of his son on compassionate ground.

(iii) Pass any such other orders or issue such other directions as this Hon'ble Tribunal deems fit in the facts & circumstances of the case in the interest of justice and equity.

1. The facts in a nutshell are as follows:

The Counsel for the applicant states that the applicant had a series of very serious medical episodes for several months from 13.05.2021 onwards. This includes being diagnosed as LEFT MCA TERRITORY INFARACT K/C/D IHD, undergoing several surgeries including Left FTP Decompressive Cranioctomy, Tracheostomy, Titanium Cranioplasty etc. Subsequently, he became voiceless and got permanent physical disability and hence he applied for VRS on 06.12.2021. Being in a pitiable medical condition and also being unaware of rules and regulations, he applied for VRS. The same was accepted and he was relieved on 15.02.2022 by the Respondents, without him being explained the provisions of the DoPT OM No. 25012/1/2015-Estt (A-IV) dated 19.05.2015 etc. Subsequently, due to severe financial distress, he applied for compassionate appointment for his son, which was rejected. His two appeals in this regard and the legal notice were also turned down and hence, he has approached this Court for relief.

2. Applicant

(i) The Learned Counsel for the applicant submits that the applicant joined the Department of Posts on 06.01.1993. While he was working as a Group D Employee, on 13.05.2021, he suddenly collapsed and became unconscious. He was diagnosed with LEFT MCA TERRITORY INFARACT K/C/D IHD. Thereafter, over the next several months he underwent specialised medical treatment and also several surgeries including Left FTP Decompressive Cranioctomy, Tracheostomy, Titanium Cranioplasty etc.

(ii) The learned Counsel for the applicant submits that as the condition of the applicant continued to deteriorate and in view of this permanent physical disability and loss of voice, he applied for VRS on 06.12.2021 on medical grounds (Annexure A-2). The same was accepted by the Respondents and he was relieved from Service on 15.02.2022 vide Memo No. BII/43/MTS/2021 dated 15.02.2022.

(iii) The learned Counsel for the applicant further submits that the applicant received pensionary benefits in the form of Gratuity of Rs. 1,98,120/- and Commutation of Rs. 7,46,004/-. In view of major financial obligations regarding discharge of earlier debts etc and a measly pension of Rs. 18,411/- and being the sole earning member of a family,

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2026 Supreme(Online)(CAT) 3723

CENTRAL ADMINISTRATIVE TRIBUNALSantosh Mehra, Administrative MemberN. Lokesh – AppellantVersusChief Post Master General Karnataka Circle – RespondentORIGINAL APPLICATION NO.170/00100/2025

Authorities must advise disabled employees seeking medical VRS of continuation options under disability laws before acceptance; failure entitles dependents to compassionate appointment consideration without post-2015 bar excuse.

Cases Referred (2)

CENTRAL ADMINISTRATIVE TRIBUNAL
Santosh Mehra, Administrative Member
N. Lokesh – Appellant
Versus
Chief Post Master General Karnataka Circle – Respondent
ORIGINAL APPLICATION NO.170/00100/2025