AJAY SAXENA vs Comptroller And Auditor general Of India

1
O.A.No. 202/00141/2021
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR

Original Application No.202/00141/2021
th
Jabalpur, this Thursday, the 20 day of August, 2026

HON’BLE SHRI RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON’BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER


Ajay Saxena, S/o Shri N.K. Saxena,
Aged 21 years, Occupation: Unemployed,
R/o House No.13, Indra Nagar, Chauhan Pyau,
Gwalior (M.P.) Thatipur,
- Applicant
( By Advocate –Shri Alok Kumar Sharma through V.C.)

V e r s u s
1. Union of India Through
Comptroller and Auditor General of India,
Deen Dayal Upadhyay Marg, New Delhi-110124

2. The Principal Accountant General,
M.P. Gwalior, Lekha Bhawan, Jhansi Road,
Gwalior-474002 (Μ.Ρ.)

3. The Deputy Accountant General (A & E)-II,
M.P. Gwalior, Lekha Bhawan, Jhansi Road,
Gwalior-474002 (Μ.Ρ.)
- Respondents
( By Advocate – Shri Yogesh Singh through V.C.)

O R D E R
BY MALLIKA ARYA, AM:-
RAJ
Digitally signed by RAJUL
NAMDEO
DN: C=IN, CN=RAJUL NAMDEO,
L=Jabalpur, O=Personal, ST=
Madhya Pradesh, E=chiyapari3@
gmail.com, postalCode=482004,
serialNumber=
ea8eccfd52644dcb30af620f19c18
d39662134c765dec84aec2c142b
41c6e609, street=3850,
Shubhash Nagar Aadhartal,
Andhuwa, Jabalpur Madhya
Pradesh India 482004,
telephoneNumber=
e125d5860c1f7a1e0a12bbccc5e9
50204860d7795912c018822fac8
6d32130fe, title=9136
Reason: I am the author of this
document
Location:
Date: 2026.08.31
13:44:54
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The applicant in this Original Application is aggrieved with the
action of the respondents in not granting compassionate appointment to
him in place of his father.
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O.A.No. 202/00141/2021
2. The facts of the case in brief are that the father of the applicant
was working as Record Keeper in the office of Accountant General,
Gwalior, and he died in harness on 08.01.2010. The mother of the
applicant submitted an application for compassionate appointment in
place of her deceased husband, which was considered after a long gap in
2016. The screening committee rejected the case of mother of the
applicant on the ground that she is 58 years of age and the appointment
will not serve any purpose. At the time of expiry of father of the
applicant, the applicant was 11 years old. On attaining majority, he
claimed compassionate appointment in place of his mother. However,
the respondents have closed the case of the applicant without giving any
specific reason for rejecting the same.
3. The respondents have filed their reply wherein it has been
submitted that after the death of the applicant's father, mother of the
applicant submitted an application dated 28.01.2010 for appointment on
compassionate grounds in lieu of her late husband. Her son was only 11
years of age at that time, being minor as per law. The Departmental
Screening Committee recommended the closure of the case of the
RAJ
Digitally signed by RAJUL
NAMDEO
DN: C=IN, CN=RAJUL NAMDEO,
L=Jabalpur, O=Personal, ST=
Madhya Pradesh, E=chiyapari3@
gmail.com, postalCode=482004,
serialNumber=
ea8eccfd52644dcb30af620f19c18
d39662134c765dec84aec2c142b
41c6e609, street=3850,
Shubhash Nagar Aadhartal,
Andhuwa, Jabalpur Madhya
Pradesh India 482004,
telephoneNumber=
e125d5860c1f7a1e0a12bbccc5e9
50204860d7795912c018822fac8
6d32130fe, title=9136
Reason: I am the author of this
document
Location:
Date: 2026.08.31
13:44:54
+05'30'
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mother stating that wife of late Govt. Servant is of 57 years of age and if
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appointed will get superannuated in June 2019. However, appointment to
her will not serve any purpose in terms of financial assistance. It has
been further submitted by the respondents that applicant's mother’s claim
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O.A.No. 202/00141/2021
was considered four times earlier and each time she did not find place
amongst the candidates falling within the vacancies for that particular
year against the quota of compassionate appointment. However,
compassionate employment cannot be granted after a lapse of a
reasonable period of time as the consideration of such employment is not
a vested right which can be exercised at any time in the future.
4. The applicant has also filed the rejoinder to the reply filed by the
respondents wherein he has re-iterated his earlier stand as taken in the
O.A.
5. We have heard both the learned counsel for the parties and
perused the pleadings and the documents on record.
6. In the instant case, we find that there is a substantial delay in
filing the present Original Application for compassionate appointment. It
is not disputed that the father of the applicant died in 2010. Thereafter,
the mother of the applicant submitted her application for compassionate
grounds in lieu of her late husband as her son was only 11 years old
(minor) at that time. After duly considering the case of mother of the
applicant, the Departmental Screening Committee closed the case in the
RAJ
Digitally signed by RAJUL
NAMDEO
DN: C=IN, CN=RAJUL NAMDEO,
L=Jabalpur, O=Personal, ST=
Madhya Pradesh, E=chiyapari3@
gmail.com, postalCode=482004,
serialNumber=
ea8eccfd52644dcb30af620f19c18
d39662134c765dec84aec2c142b
41c6e609, street=3850,
Shubhash Nagar Aadhartal,
Andhuwa, Jabalpur Madhya
Pradesh India 482004,
telephoneNumber=
e125d5860c1f7a1e0a12bbccc5e9
50204860d7795912c018822fac8
6d32130fe, title=9136
Reason: I am the author of this
document
Location:
Date: 2026.08.31
13:44:54
+05'30'
Foxit PDF Reader Version:
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year 2017 by a reasoned and speaking order. The purpose of providing
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compassionate ground appointment is to mitigate the hardship caused to
the family due to the sudden loss of bread winner. However, in the
present case though the case of the mother of the applicant got closed in
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O.A.No. 202/00141/2021
2017, the applicant did not pursue his own case for many years and he
has filed this O.A. in 2021 which indicates that he is not in dire need of
appointment.
7. The Hon'ble High Court of Judicature at Madras in WP No. 3570
of 2014 (decided on 06.10.2017) has held as under:-
"8. The philosophy behind giving compassionate appointment is
just to help the family in harness to get over the immediate crisis
due to the loss of sole bread winner. This category of
appointment cannot be claimed as a matter of right after certain
period, when the crisis is over. More so, the financial status of
the family is also to be looked into as per the scheme framed by
the employer while giving compassionate appointment and such
appointment cannot be conferred contrary to the parameters of
the scheme."

7.1 The Hon'ble High Court of Madras in the case of G. Rajbabu vs.
Tamil Nadu Electricity Generation and Distribution Corporation Limited
(TANGEDCO) in W.P.3882/2014 dated 06.10.2017 after dealing with |
various Supreme Court Judgments on the subject has held as follows:
"28. In view of the fact that the father of the writ petitioner died in the
year 1996 and now after a lapse of 23 years, the question of providing
compassionate appointment to the writ petitioner does not arise at all."

8. It is a fact on record that the case of mother of the applicant was
considered by the Departmental Screening Committee on several
RAJ
Digitally signed by RAJUL
NAMDEO
DN: C=IN, CN=RAJUL NAMDEO,
L=Jabalpur, O=Personal, ST=
Madhya Pradesh, E=chiyapari3@
gmail.com, postalCode=482004,
serialNumber=
ea8eccfd52644dcb30af620f19c18
d39662134c765dec84aec2c142b
41c6e609, street=3850,
Shubhash Nagar Aadhartal,
Andhuwa, Jabalpur Madhya
Pradesh India 482004,
telephoneNumber=
e125d5860c1f7a1e0a12bbccc5e9
50204860d7795912c018822fac8
6d32130fe, title=9136
Reason: I am the author of this
document
Location:
Date: 2026.08.31
13:44:54
+05'30'
Foxit PDF Reader Version:
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occasions wherein various parameters were analyzed by the Committee
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in terms of existing Govt. orders on the subject and she was not found fit
for grant of compassionate appointment. We also take note of the
respondents’ submission that there is no provision in the rules governing
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O.A.No. 202/00141/2021
compassionate appointment that once the case of one family member is
closed then the other family member can be considered. Apart from this,
it is observed that no application has been given by the applicant seeking

compassionate appointment on attaining majority.
9. The observation of the Hon'ble Supreme Court in Chief
Commissioner, Central Excise & Customs, Lucknow & Others vs.
Prabhat Singh is squarely applicable to the facts of this case, wherein it has
been held as under :-
"The courts and tribunals should not fall prey to any sympathy
syndrome, so as to issue directions for compassionate appointments,
without reference to the prescribed norms. The courts are not
supposed to carry Santa Claus's big bag on Christmas eve to disburse
the gift of compassionate appointment to all those who seek a court's
intervention. The courts and tribunals must understand that every such
act of sympathy, compassion and discretion wherein directions are
issued for appointment, on compassionate grounds could deprive a
really needy family requiring financial support and thereby, push into
penury a truly indigent, destitute and impoverished family. Discretion
is therefore ruled out. So are misplaced sympathy and compassion."

10. Thus, in view of the aforesaid discussion and the law laid down
by the Hon’ble Apex Court on the subject, we do not find any merit in
this Original Application. It is accordingly dismissed. No costs.
11. As a sequel thereof, pending Miscellaneous Application(s), if
any, shall also stands disposed of.
RAJ
Digitally signed by RAJUL
NAMDEO
DN: C=IN, CN=RAJUL NAMDEO,
L=Jabalpur, O=Personal, ST=
Madhya Pradesh, E=chiyapari3@
gmail.com, postalCode=482004,
serialNumber=
ea8eccfd52644dcb30af620f19c18
d39662134c765dec84aec2c142b
41c6e609, street=3850,
Shubhash Nagar Aadhartal,
Andhuwa, Jabalpur Madhya
Pradesh India 482004,
telephoneNumber=
e125d5860c1f7a1e0a12bbccc5e9
50204860d7795912c018822fac8
6d32130fe, title=9136
Reason: I am the author of this
document
Location:
Date: 2026.08.31
13:44:54
+05'30'
Foxit PDF Reader Version:
2026.1.1
UL
NAM
DEO


(Mallika Arya) (Rajinder Singh Dogra)
Administrative Member Judicial Member

rajul
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