DIVYA VISWANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Can there be a demand for limitless compassion by the daughter of an invalidated employee, who was offered compassionate appointment, by the Post Department? This precisely is the demand mooted through the Original Application and the instant Original Petition.

(2.) The petitioner's father, while working as Section Supervisor in the office of the Post Master General, Calicut, was allowed to retire from service on medical grounds (invalidated) on 1.11.1994. At the time of retirement of the petitioner's father, the petitioner and her brother were minors. Later, on the petitioner attaining majority, her father submitted an application to the Chief Post Master General, Recruitment Section, Kerala Circle seeking compassionate appointment for the petitioner. The Circle Relaxation Committee of the Postal Department considered the request and recommended the petitioner's name for appointment as Postal Assistant in Manjeri Division. The decision to appoint her was duly communicated to the petitioner under Annexure-A1 letter dated 27.8.2008. As per Annexure-A3 letter, the petitioner was directed to report at the office of the Superintendent of Post Office, Manjeri Division, on 22.9.2008 with the requisite documents. On receipt of the letter, instead of taking of the opportunity of joining service, the petitioner submitted Annexure-A2 letter stating that due to unforeseen circumstances she was unable to join the post and that her appointment may be postponed for at least 8 months, till May, 2009. The employer followed up its request, by issuing Annexure-A4 letter dated 17.10.2008, again requesting the petitioner to report with necessary documents positively on 23.10.2008.

(3.) On her compassionate appointment offer being forfeited, the petitioner suddenly woke up from her slumber and started making representations and requests before all authorities, including to the office of the Prime Minister of India, to reconsider the decision of the Postal Department and to grant her the appointment. The letter sent to the Prime Minister's office was forwarded to the office of the Chief Post Master General, Kerala Circle and by AnnexureA23 letter dated 10.2.2016, the petitioner was informed that the decision to cancel the appointment order issued to her could not be reconsidered. In Annexure A23, it was rightly pointed out that though an opportunity for employment was offered repeatedly, no attempt was made by the petitioner for over 1 years to accept the offer and that since the very basis for offering the compassionate appointment appear to be no longer valid in her case, the petitioner's name was removed from the select list.