Compassionate appointment scheme applicable is that prevalent at employee's death date, not later modifications.

O R D E R (Oral)

Per: Suchitto Kumar Das, Administrative Member

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:

“a. Leave may kindly be granted to file and hear this original application jointly before the Hon'ble Tribunal as per RULE 4(5) of the Central Administrative Tribunal (Procedure) Rules. Both the applicants have the common object for obtaining direction from the Hon'ble Tribunal for the appointment of the applicant No.2, the dependent son of the deceased employee in the postal or in any other departments under Union of India as there is no other efficacious way to file the application.

b. An order do issue upon the respondents to issue necessary order for the appointment of the applicant on the compassionate ground at the death of the deceased employee by setting aside and/or quashing the whimsical, Purposeful and arbitrary compliance order dated 24.05.2022 and dated 12.03,2023 and all other rejection order sof the respondent authorities.

c. An order do issue upon the respondents to produce entire document before the Tribunal for conscionable of justice.

d. And any other order / orders as Your Lordships may deem fit and proper.”

2. This OA was dismissed by the Tribunal vide order dated 28.08.2024. The applicant in OA appealed against the order of the Tribunal dated 28.08.2024 by filing WPCT no. 314 of 2024. Hon’ble High Court vide its order dated 04.12.2025 quashed and set aside the Tribunal’s order dated 28.08.2024 and remanded the matter back to the Tribunal after restoring the OA to its original position. For appreciating the facts of the case, submissions of the rival parties and the issue under adjudication, the judgement of the Tribunal (now set aside by the Hon’ble High Court) is reproduced below in its entirety.

“ORDER

Per: Mr. Anindo Majumdar, Member (A)

The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

"a. Leave may kindly be granted to file and hear this original application jointly before the Hon'ble Tribunal as per RULE 4(5) of the Central Administrative Tribunal (Procedure) Rules. Both the applicants have the common object for obtaining direction from the Hon'ble Tribunal for the appointment of the applicant No.2, the dependent son of the deceased employee in the postal or in any other departments under Union of India as there is no other efficacious way to file the application.

b. An order do issue upon the respondents to issue necessary order for the appointment of the applicant on the compassionate ground at the death of the deceased employee by setting aside and/or quashing the whimsical, Purposeful and arbitrary compliance order dated 24.05.2022 and dated 12.03,2023 and all other rejection order sof the respondent authorities

C. An order do issue upon the respondents to produce entire document before the Tribunal for conscionable of justice.

d. And any other order/orders as Your Lordships may deem fit and proper.”

2. This matter pertains to grant of compassionate appointment. In accordance with the order of the Hon'ble Chairman, Principal Bench, CAT dated 10.09.2021 issued under Sub-section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single Member. Accordingly, this matter is taken up for disposal by this Single Bench.

3. Applicant no. 2, namely, Md. Monjur Hossain Sardar, is the son of Late Md. Afsar Ali Sardar who was serving as Postmaster (Gr. 'D' staff) in the Postal department of Barasat division, and, who expired while in service on 29.01.1999. Thereafter, app