Facts
The applicants are the widow and son of Late Pradeep Kumar, who died in harness on July 23, 2016, while serving as a Postman at Digha Sub Post Office, Patna
Source reference: p. 2Applicant No. 2 (the son) applied for a compassionate appointment to mitigate the family's financial crisis
Source reference: p. 3His application was considered and rejected by the Circle Relaxation Committee (CRC) on three successive occasions: in 2019 (awarded 41 points against a 61 cut-off), in 2021 (awarded 59 points against a 62 cut-off), and in 2023 (awarded 71 points against a 78 cut-off)
Source reference: p. 3The final rejection, communicated via letter dated May 1, 2023, cited Directorate Letter No. 17-1/2022-SPG-II, which stipulates that cases considered three times but not recommended based on the Relative Merit Point System (RMPS) must be closed
Source reference: p. 5The applicants challenged this rejection, alleging that the points were awarded arbitrarily and that the 2022 guidelines were erroneously applied retrospectively
Source reference: p. 2-3Issues
1. Whether the rejection of the applicant’s claim for compassionate appointment after three considerations was legally sustainable under the prevailing guidelines
Source reference: p. 52. Whether the respondents erred in applying the Directorate Letter dated March 23, 2022, regarding the closure of cases after three unsuccessful attempts
Source reference: p. 4-53. Whether there was a violation of the Principles of Natural Justice in the communicative process of the rejection
Source reference: p. 6Law Applied
The court applied the scheme for compassionate appointments within the Department of Posts, which limits such appointments to a 5% quota of total vacancies
Source reference: p. 5The selection process is governed by the Relative Merit Point System (RMPS), where points are awarded based on indigency and liabilities left by the deceased
Source reference: p. 5The court specifically relied on Postal Directorate Letter No. 17-1/2022-SPG-II dated March 23, 2022, which mandates that cases considered three times and not recommended by the CRC are liable to be closed
Source reference: p. 5Reasoning
The Tribunal observed that the applicant’s case was duly considered in three separate vacancy years (2018, 2020, and 2021) by the competent authority
Source reference: p. 5On each occasion, the applicant failed to secure the minimum cut-off marks required to fall within the limited 5% quota as determined by the CRC
Source reference: p. 5The Tribunal noted that RMPS points are dynamic and vary annually based on the relative merit of the entire pool of candidates
Source reference: p. 5It found that the respondents acted in strict accordance with the 2022 guidelines, which require the closure of cases after three unsuccessful considerations
Source reference: p. 5-6The Tribunal rejected the plea of retrospective misapplication, holding that the three considerations were factual and the subsequent closure was a procedural mandate
Source reference: p. 6Furthermore, since the results were communicated to the applicants, the Tribunal found no violation of the Principles of Natural Justice
Source reference: p. 6Holding
The Tribunal dismissed the Original Application, holding that the claim for setting aside the impugned order or for further reconsideration lacked merit
The court held that seeking repeated reconsideration in violation of the prescribed guidelines is unjust
Source reference: p. 6The prayer for compassionate appointment was denied as the applicant failed to qualify on merit across three permissible attempts
Source reference: p. 6No order as to costs was made
Source reference: p. 6Original Court PDF
GEETA DEVIvsDEPTT OF POSTS
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