CAT - ['Chandigarh']
Employment and Labour LawAdministrative and Public Law

Comparative-merit decisions on compassionate appointment warrant no interference absent demonstrated illegality.

MUKESH KUMAR vs POST HARYANA CIRCLE

CAT - ['Chandigarh']JUDGMENT: August 31, 20263 MIN READSOURCE JUDGMENT
Comparative-merit decisions on compassionate appointment warrant no interference absent demonstrated illegality.. MUKESH KUMAR vs POST HARYANA CIRCLE. CAT - ['Chandigarh']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought compassionate appointment following his father’s death in harness on 14 March 2019.

Source reference: para. 2

The Circle Relaxation Committee (CRC) considered his case against vacancies for 2019 and 2020, awarding him 41 marks; the last candidates recommended had scored 48 and 45 marks, respectively.

Source reference: paras. 4, 8

On reconsideration under a revised scheme, he received 49 marks, while the last candidate recommended for 2021 had scored 58 marks.

Source reference: para. 13

The applicant challenged the assessments, principally alleging that no marks were awarded under the property criterion because the value of a Faridabad house and ancestral land had been attributed to his family without accounting for co-ownership.

Source reference: paras. 5–7

He also produced a 2000 sale deed showing the original purchase price of the house.

Source reference: paras. 5–7

The respondents maintained that the assessment was based on the applicant’s own 2020 declaration valuing the house at Rs. 32,00,000 and the revenue report valuing the agricultural land at Rs. 8,18,000.

Source reference: paras. 9, 11, 15–16
02

Issues

1. Whether the respondents’ assessment of the applicant’s property and resulting relative-merit score was arbitrary or contrary to the applicable scheme, warranting interference with the rejection of the applicant’s compassionate-appointment claim.

Source reference: paras. 14–18

2. Whether the applicant was entitled to compassionate appointment, or further reconsideration, on the basis of the alleged scoring error and his subsequent reconsideration under the revised scheme.

Source reference: paras. 19–21
03

Law Applied

Section 19 of the Administrative Tribunals Act, 1985, provided the basis for the application.

Source reference: para. 1

Compassionate appointment is an exception to ordinary recruitment intended to provide immediate relief to a family in financial distress; it does not create an indefeasible right to appointment.

Source reference: para. 20

Selection is governed by the applicable scheme and relative-merit criteria, and where the competent committee has assessed candidates objectively under those criteria, the Tribunal will not substitute its own assessment absent illegality or arbitrariness.

Source reference: para. 20

The Tribunal relied on Pradeep Kumar Pandey v. Union of India & Others, O.A. No. 200/00378/2016 (decided 26 June 2019), for the principle that a relative-merit assessment made under prescribed guidelines ordinarily does not warrant interference.

Source reference: para. 20
04

Reasoning

The Tribunal found that the property assessment was based on the applicant’s own affidavit, in which he declared the Faridabad house’s value as Rs. 32,00,000, and on the revenue report valuing the ancestral land; he had not supplied material during the relevant assessments establishing the asserted co-ownership or fractional shares.

Source reference: paras. 14–16

The later sale deed established the original purchase price, but did not displace the applicant’s subsequent declaration of the property’s value for the relevant assessment.

Source reference: para. 17

Further, even accepting the respondents’ calculation that a one-fourth share would reduce the attributable property value to Rs. 10,04,500, the applicant would receive only two additional marks, taking his score to 43—still below the last recommended candidates for 2019 and 2020.

Source reference: para. 18

His later score of 49 under the revised scheme likewise remained below the 58 marks obtained by the last candidate recommended for 2021.

Source reference: para. 19

The Tribunal therefore found no demonstrated breach of the scheme or arbitrary assessment.

Source reference: paras. 20–21
05

Holding

The Tribunal held that the applicant had not established entitlement to the additional marks claimed or shown that the alleged scoring error would have resulted in his recommendation for appointment.

It found no infirmity in the CRC’s consideration or in the communications dated 6 September 2021 and 10 January 2023, dismissed the Original Application, disposed of any pending miscellaneous application, and made no order as to costs.

Source reference: para. 21
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Chandigarh']

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MUKESH KUMARvsPOST HARYANA CIRCLE

CAT - ['Chandigarh'] · August 31, 2026

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