Compassionate appointment claims carry-forwardable without time limit; must reconsider on verified facts and fair merit evaluation within 5% quota.

ORDER

1.The applicant’s father Shri Vinod Kumar Nagar was working in the respondents’ department as a Postman. He died in harness on 04.02.2014 (Annexure A-1). After the death of the applicant’s father, the applicant submitted an application for compassionate appointment to the respondents. The mother of the applicant Smt. Uma Bai Nagar submitted an application dated 28.10.2014 on behalf of her son alongwith an affidavit regarding ‘No Objection’ for providing compassionate appointment to him. A copy of the application dated 28.10.2014 alongwith the affidavit dated 19.09.2014 is enclosed as Annexure A-2. Respondent No. 3 vide letters dated 17.02.2017 and 10.03.2017 asked the applicant regarding his source of income and the cost of his parental house in the name of his late father. He was also advised to get the income certified from the concerned Tehsildar. A copy of the letter dated 17.02.2017 and 10.03.2017 is enclosed as Annexure A-3 and Annexure A-4. The applicant submitted the desired certificate dated 21.03.2017 (Annexure A-5) from Tehsildar Jabalpur. Thereafter the applicant received the impugned letter dated 12.09.2017 (Annexure A-6) from the respondents that his claim for compassionate appointment has been rejected on account of limited number of vacancies under 5% quota on the basis of merit points. He did not qualify as the case of the other applicants was more deserving than him. The applicant has relied on the DOPT OM No. F. No. 14014/3/2001- Estt (D) dated 26.07.2012 (Annexure A-7) on compassionate appointment wherein it has been mentioned that the time limit of three years has been withdrawn. Therefore, there is no time limit for considering the cases of compassionate appointment. The applicant has been repeatedly making representation thereafter. However, the respondents have not given any reply to the same. Accordingly, the applicant has prayed that the impugned order dated 12.09.2017 be set aside and his case for compassionate appointment should be reconsidered.

2. The respondents have filed their reply wherein they have submitted that the case of applicant was considered in the CRC meeting held on 28.06.2017. Marks were allotted under the various heads as per guidelines dated 20.01.2010 (Annexure R- 1). The applicant scored 49 points in the detailed comparative chart (Annexure R-3) vis-a-vis the selected candidate who got 65 points. The case of the applicant was not recommended by the CRC due to the non-availability of the requisite number of vacancies for the year 2017-18. The compassionate appointment cases are considered in terms of the 5% vacancies under the direct recruitment quota to the most deserving candidates. The family of the deceased has been paid terminal benefits of Rs. 12,20,277/- and the mother of the applicant is getting family pension of Rs. 6720/- + DR at the permissible rate. The family has a house of valued of Rs. 5,10,450/-. They are in receipt of Income to the tune of Rs. 60,000/- per annum as per the income certificate issued by Tehsildar, Jabalpur (Annexure A-2). Keeping all these facts into consideration, the CRC has awarded marks to the applicant. It was found that the pecuniary condition of the deceased employee’s family was not so indigent as compared to the other cases. Therefore he could not be recommended for compassionate appointment during the year 2017-18. Accordingly the applicant was informed of decision of CRC on 12.09.2017 vide Annexure A-6.

3. Respondents have relied on the judgment of the Hon’ble MP High Court dated 20.07.2009 passed in Writ Petition No. 191/2009(S) wherein relying on the judgment of Hon’ble Supreme Court in the matter of Union of India and others vs. M.T. Latheesh — 2006 SCC (L&S) 1646, the Hon’ble Apex C