RADHA KUSHWAH vs POSTS

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O.A.No.202/761/2021
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR

Original Application No.202/761/2021
st
Jabalpur, this Tuesday, the 01 day of September, 2026

HON’BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER

Smt. Radha Kushwah
D/o Late Shri Durg Singh Kushwah
W/o Shri Harendra Singh Kushwah
Aged- 35 years, Occupation- Nil,
R/o-Village Lakhanpura, Post- Ladhera,
Police Station- Bilauva, Distt.- Gwalior (M.P.) - Applicant


(By Advocate – None )

V e r s u s

1. The Union of India Through its Secretary,
Department of Post, Ministry of Communication,
Pratibha Nath, DDG (PG, QA &1),
Dak Bhawan, Sansad Marg.
New Delhi-110001

2. The Assistant Director (Legal/CRC/PG),
Madhya Pradesh Circle Office, Bhopal (Μ.Ρ.)

3. The Superintendent of Post,
Post Division Gwalior, Gwalior (M.Ρ.)

4. The Deputy Division inspector, (Posts),
Dabra, Sub Division Dabra, Gwalior (M.P.) - Respondents


(By Advocate – Shri Rajendra Singh Dhakar )

(Date of reserving the order:10.08.2026)

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KARUNA GUPTA
KARUNA
Location:
Date: 2026.09.04
10:04:32+05'30'
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O.A.No.202/761/2021

O R D E R
By way of this Original Application, applicant is seeking
quashment of the impugned order dated 19.12.2020
(Annexure A/1). She has prayed for consideration of her
application for grant of compassionate appointment.
2. The brief facts of the case are that the father of the
applicant was working on the post of Gramin Dak Sevak. He
died in harness on 22.09.2016 (Annexure A/3) leaving behind
one son and four daughters. All were married at the relevant
time. Her mother also died on 01.01.2005 (Annexure A/3).
Applicant submitted an application for grant of compassionate
appointment with all requisite documents to respondent
department vide Annexure A/4. Respondent authorities
informed the brother of the applicant to submit a consent from
all other family member vide letter dated 22.11.2017
(Annexure A/5). The same was done by the applicant. The
respondent’s authority issued letters to applicant to rectify
certain irregularities in the application. The same was
rectified by the applicant. As per Circular dated 30.08.2017 a
revised scheme for engagement of a dependent of a
deceased Gramin Dak Sevaks on compassionate grounds
was issued wherein married daughter/widowed
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KARUNA GUPTA
KARUNA
Location:
Date: 2026.09.04
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O.A.No.202/761/2021
daughter/divorced daughter wholly dependent on the GDS at
the time of his/her death is entitled to get the benefit of
compassionate appointment. However the respondents
without considering the documents declared the applicant as
not being wholly dependent on GDS and rejected her
application vide order dated 19.12.2019. Hence this Original
Application.
3. Respondents in their reply have submitted that as per
the statement obtained from the applicant on 15.10.2019 she
is living her husband in village Lakhanpura Post Lakhera after
marriage and her husband is earning Rs.10000/- per month.
As per Directorate’s instruction dated 30.05.2017
married/widowed daughter/divorced daughter should be
wholly dependent at the time of death of deceased employee.
The applicant was not wholly dependent at the time to death
of the deceased employee.
4. No rejoinder has been filed by the applicant to controvert
the averments made in the reply of the respondents.
5. When the matter was called for hearing, none appeared
on behalf of the applicant. The matter was reserved on
10.08.2026 and both counsel for the parties were granted
time to file written arguments within 15 days. However, no
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KARUNA
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O.A.No.202/761/2021
written arguments were filed by the counsels for the parties.
Hence the right to file the same is closed.
6. I have heard the learned counsel for the respondents
and perused the pleadings and documents annexed
therewith.
7. The main issue that arises for consideration is as to
whether the applicant, being the married daughter of the
deceased employee is eligible to be considered for
compassionate engagement under the Revised scheme
contained in Department of Posts Circular No.17-1/2017-
GDS dated 30.05.2017.
8. The revised scheme dated 30.05.2017 specifically
includes a “married/widowed/divorced daughter wholly
dependent on the GDS at the time of his/her death” within the
definition of “Dependent Family Member”. Thus, the mere fact
that the applicant is a married daughter cannot, by itself,
constitute a ground for rejection of her claim. However, such
eligibility is subject to the condition that she was wholly
dependent upon the deceased GDS at the time of his/her
death. The scheme further envisages that the family
deserves immediate assistance to relieve them from financial
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KARUNA
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O.A.No.202/761/2021
destitution apart from the fact that the applicant should
otherwise be eligible and suitable for the post of GDS.
9. It is therefore necessary to examine whether the
applicant has been able to establish the foundational
requirement of dependency upon the deceased GDS as on
the date of his death. What is material under the scheme is
whether she was wholly dependent upon the deceased GDS
at the time of his/her death.
10. It is also pertinent that compassionate appointment is
not a vested right or a regular mode of recruitment. It is an
exception intended to provide immediate financial relief to a
family facing destitution consequent upon the death of its
breadwinner. The claim has, therefore, to be considered
strictly in accordance with the applicable scheme and its
conditions.
11. In the present case, the applicant had submitted her
application on 08.11.2016 (Annexure A/4). At the time of
death of her father, she was married and settled with her
husband in Village Lakhanapura Tehsil Dabra District Gwalior
as is evident from the copy of the voter ID card and ADHAAR
card attached with the O.A. The residential address of the
applicant mentioned in the Voter ID card and Adhaar Card
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KARUNA
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O.A.No.202/761/2021
are same i.e. “Lakhanpur, Village Lkahanpura Tehsil Dabra
District Gwalior (MP)”. It is evident that the applicant was not
staying with her father nor she has been able to produce any
evidence to establish that she was totally dependent on her
father at the time of his death. From the facts on record it is
observed that the applicant has failed to establish that she
was wholly dependent upon the deceased GDS at the time of
his/her death.
12. The coordinate bench of CAT, Madras Bench, in O.A.
No. 1338/2016 dated 30.08.2019 ( G.P. Sree Devi vs. M/o
Railways ) has relied on the decision of Hon’ble Apex Court
in the case of Chief Commissioner, Central Excise &
Customs, Lucknow & Others v. Prabhat Singh (2012) 13
SCC 412 wherein it has been held as under:-
"19. The courts and tribunal 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 eve to disburse the gift of
compassionate appointment to all those who
seek a Court's intervention. The Christmas 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
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KARUNA GUPTA
KARUNA
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O.A.No.202/761/2021
therefore ruled out. So are misplaced sympathy
and compassion."

13. In light of above discussions and findings, I do not find
any merit in the instant O.A. and the same is liable to be
dismissed and is accordingly dismissed. No costs.
( Mallika Arya)
Administrative Member
kg/-

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KARUNA GUPTA
KARUNA
Location:
Date: 2026.09.04
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