DIRECTOR GENERAL Vs. NATIONAL SAMPLE SURVEY ORGANISATION

JUDGEMENT

(1.) The father of the respondent/writ petitioner namely M.Raju, while serving as a Superintendent Grade-1 Officer, in the services of the Ministry of Statistics and Programme Implementation, National Sample Survey Organisation, (NSSO), Thiruchirappalli, died in harness on 31.10.2009. The petitioner would state that he is having a qualification of B.E. Degree in Computer Science and Engineering and passed out in the year 2007 and his sister has already been married and living separately and he is the only son of his parents.

(2.) A representation dated 21.12.2009 was sent to the concerned authority, seeking appointment on compassionate ground and it was followed by reminder representation dated 08.01.2010. The Assistant Director & HO of the Ministry of Statistics and Programme Implementation, National Sample Survey Office, Coimbatore, vide communication dated 21.03.2011, had rejected the representation/application for the appointment on compassionate ground of the petitioner, on the ground that there is no provision for compassionate appointment to a Group-B post and also enclosed the supporting documents. Thereafter, the petitioner has submitted a fresh application dated 02.05.2011, seeking appointment on compassionate ground in any suitable post and vide communications dated 27.07.2012 and 13.08.2012, certain additional details have called for and the case of the petitioner was placed with other in the Screening Committee Meeting held on 22.03.2013, in respect of the persons who seeks appointment on compassionate ground during the period April 2012 to January, 2013. A similar committee have taken into consideration of all the applicants based upon the system devised by the Ministry of Statistics and Programme Implementation, vide office order No.A-12030/2/2000-Ad.II (Part- I), dated 26.12.2004, as well as instructions contained in Department of Personnel and Training in Office Memo.No.14014/2/2009-Estt.(D), dated 11.12.2009 and accordingly, done the tabulation and as per the same, the petitioner had secured 29 marks. Therefore, the Senior Administrative Officer of the above said Ministry sent a communication dated 26.06.2013, wherein, it has been stated that the case of the petitioner could not be recommended by the committee to consider his appointment on compassionate ground for various reasons like non-availability of sufficient vacancies in the cadres of Group-C etc. in the said division.

(3.) The learned counsel appearing for the appellants would submit once again that the petitioner has given the said request and it was again placed before the said committee and in terms of the instructions/guidelines, his case could not be considered positively and before the order of rejection could be served, he filed W.P.(MD).No.11703 of 2013, praying for issuance of Mandamus, directing the respondents to provide him a job under compassionate ground appointment for the service rendered by his father.