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2026 Supreme(Online)(CAT) 11022
CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH
Urmita Datta (Sen), Judicial Member
Pradip Hari Alias Harijan – Appellant
Versus
Eastern Railway – Respondent
O.A. 350/00967/2017|M.A. 350/00556/2017
For the Appellants/Petitioners: N. Roy
For the Respondents: None
Compassionate appointment cannot be granted if the educational qualification certificate is found to be fraudulent or issued by a non-existent institution, as the eligibility criteria are not met.
Headnote:(A) Compassionate Appointment - Educational Qualification - Verification of Certificates - Rejection of appointment is justified when the school issuing the certificate is found to be non-existent upon verification by the District Inspector of Schools. (Para 5, 8)
(B) Judicial Precedents - Distinguishable Facts - A case where a school is unrecognized but exists is fundamentally different from a case where the school does not exist at all, and thus the former cannot be used as a precedent for the latter. (Para 8)
Issues: Whether the applicant is entitled to compassionate appointment despite the non-existence of the school mentioned in his educational certificate.
| Table of Content |
|---|
| 1. procedural authority of the single bench and condonation of delay for ends of justice. (Para 1 , 2) |
| 2. claim for compassionate appointment following the death of a family member in harness. (Para 3 , 4) |
| 3. requirement of genuine and verifiable educational certificates for employment eligibility. (Para 5 , 6) |
| 4. distinction between unrecognized institutions and non-existent institutions in the context of qualification verification. (Para 7 , 8 , 9) |
| 5. dismissal of application lacking merit due to failure to prove educational qualifications. (Para 10) |
O R D E R
Ms. Urmita Datta (Sen), Judicial Member:
In accordance with the order of the Hon'ble Chairman, Central Administrative Tribunal, 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.
2. M.A. No. 350/00556/2017 has been filed seeking condonation of delay in filing the Original Application. I find that the applicant has filed this instant O.A. challenging the Speaking Order dated 03.02.2015 only on 03.07.2017 on the ground of financial stringency and as this is a case of compassionate appointment and until and unless the delay is condoned, he will suffer irreparable loss and injury. Therefore, for the ends of justice, delay is condoned. Accordingly, the M.A. is disposed of.
3. The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
“a) Direct the Respondents to give an appointment on compassionate ground to the applicant after disposing of the application of the applicants dated 01.07.1999 in accordance with law & considering the representation dated 10.01.2011.
b) Direct the Respondents to give an appointment on compassionate ground to the applicant in accordance with law.
c) Directing upon the respondents to quash and set aside the speaking Order passed by the Divisional Personnel Officer, Eastern Railway, Sealdah on 03.02.2015.
d) To give benefit of judgment being O.A. No. 1251/2015 dated 09.02.2017.
e) Any other order or orders as to your Lordship may seem fit and proper.”
4. The facts of the case in the nutshell are that the father of the applicant, Late Lakhan, Ex-Safaiwala, CTFR/R/SDAD died in harness on 18.07.1987 leaving behind the applicant as his legal heir. At that point of time the applicant was a minor. Subsequently, after attaining majority he made a representation dated 07.01.1999 before the Respondent No. 2 praying for providing him suitable job on compassionate ground under the Railway administration. However, despite his best efforts the respondents did not reply to his representation. Being aggrieved, he made another representation on 01.01.2001 before the Sr. Divisional Personnel officer praying for appointment on compassionate ground. But his prayer was not considered by the respondents till date. The applicant has relied upon Order dated 22.09.2009 passed in O.A. No. 1256 of 2009 to substantiate his claim. Further, the applicant preferred an O.A. No. 664 of 2011 before this Tribunal which was disposed of vide Order dated 01.05.2013. Pursuant thereto, the respondent authorities have passed a Speaking Order dated 03.02.2015. He further submits that in respect of proof of school he has obtained requisite certificate from the school authorities as well as the Chairman, Bhatpara Municipality. He submits that similarly situated person has already filed O.A. No. 1251 of 2015 and vide Order dated 09.02.2017 this Tribunal had directed the authorities to consider the case of the applicant in that O.A. who was also possessing all the requisite qualification for grant of compassionate appointment and had directed the authorities to complete the process of granting compassionate appointment within a period of 03 months from the date of receipt of a certified copy of this Order.
