Facts
The applicant’s father, an Assistant Accounts Officer, died in service on 7 March 2013.
Source reference: para. 2The applicant applied for compassionate appointment, but the Departmental Screening Committee rejected his request by letter dated 6 January 2015; a subsequent representation was rejected on 22 April 2015.
Source reference: paras. 2–3The applicant challenged those orders, contending that the family’s financial hardship had not been properly assessed.
Source reference: paras. 2–3The respondents stated that the family received terminal benefits exceeding ₹16.73 lakh, apart from GPF, and that the widow received family pension and the family owned a residential house.
Source reference: paras. 5–6Issues
Whether the rejection of the applicant’s request for compassionate appointment warranted interference by the Tribunal.
Source reference: paras. 2, 7–9Whether the authorities’ assessment of the family’s financial circumstances was sufficient to sustain the rejection.
Source reference: paras. 5–6, 8–9Law Applied
The Tribunal treated compassionate appointment as an exception to the ordinary rule of open recruitment under Articles 14 and 16 of the Constitution, intended to help a deceased government servant’s family meet the sudden financial crisis caused by the death of its breadwinner.
Source reference: paras. 7, 9It is not a vested right and may be granted only in accordance with the applicable scheme.
Source reference: paras. 7, 9The Tribunal referred to the DoPT Office Memorandum dated 16 January 2013 and the Headquarters Office Memorandum dated 9 March 2009 as the governing instructions for assessment.
Source reference: para. 6.1The respondents also cited Umesh Kumar Nagpal v. State of Haryana, (1994) 4 SCC 138, and MGB Gramin Bank v. Chakrawarti Singh, (2014) 13 SCC 583, for the principle that compassionate appointment is not claimable as a matter of right.
Source reference: para. 6.4Reasoning
The Tribunal found that the Screening Committee had undertaken a comparative assessment of the family’s financial condition.
Source reference: paras. 8–9It considered the terminal benefits exceeding ₹16.73 lakh, the family pension, and the family’s residential accommodation, and concluded that the assessment disclosed no ground for judicial interference.
Source reference: paras. 8–9As compassionate appointment is scheme-based rather than an entitlement, the Tribunal declined to substitute its assessment for that of the competent authority.
Source reference: para. 9Holding
The Tribunal held that the Original Application lacked merit and dismissed it, finding no basis to interfere with the orders rejecting the compassionate-appointment request.
All pending applications were also dismissed, with no order as to costs.
Source reference: para. 10Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19852
Original Court PDF
Krishnendu BagvsAudit
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Original judgment, available to read, download and summarize on LawLens.in
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