UNION OF INDIA THE CHIEF POSTMASTER GENERAL TAMIL NADU CIRCLE-2 Vs. CENTRAL ADMINISTRATIVE TRIBUNAL CITY CIVIL COURT BUILDINGS04

JUDGEMENT

(1.) SINCE all the matters are inextricably connected with each other, they are heard together and disposed of by this common order.

(2.) THE applicants before the Tribunal, who are the respondents herein, are all the dependents of Group-C and Group-D Staff of the Postal Department, who died in harness or retired voluntarily on medical grounds and they all have been approved for appointment on compassionate grounds in Group-C and Group-D posts. THEy all are working in various leave vacancies and short term vacancies. Since number of vacancies are lying vacant, their services are being utililzed for leave vacancies and thus they are serving without any break in service. THE applicants were awaiting appointment in regular posts and were also imparted clerical training by the Department itself. After the judgment of the Apex Court in UMESH KUMAR NAGPAL vs. STATE OF HARYANA [(1994) 4 SCC 138], fixing the number of vacancies to be filled up by compassionate ground appointment as 5%, the Chief Post Master General, Tamil Nadu circle, issued a letter on 28.5.2001, seeking willingness in writing for consideration for appointment on compassionate grounds by other Ministries/Department from the candidates approved for compassionate appointment, who could not be given employment in the petitioner Department since they can also be absorbed in other Government Departments. Accordingly, all the applicants have submitted their willingness giving a choice of departments in which they prefer to be appointed on regular basis.

(3.) IT is further submitted that by OM.No.14014/23/99-Estt(d) dated 3.12.1999, it was further clarified by Department of Personnel and Training that the Committee for considering a request for appointment on compassionate ground should also take into account the position regarding availability of vacancy for such appointment for a really deserving case and only if vacancy meant for appointment on compassionate grounds are available within a year, that too within the ceiling of 5% mentioned, such cases should be approved that the quota for compassionate appointment was reduced to 5% as per the decision of the Government of India communicated in Department of Posts letter No.24-170/94-SPB I dated 11.12.1995 with the result number of candidates selected for compassionate appointment are kept in the waiting list that the proposal made by the Department of Posts to the Department of Personnel and Training to relax the 5% limit in order to accommodate the approved candidates kept in the waiting list was also turned down by the Department of Personnel and Training citing the Supreme Court judgment in U.K. Nagpal's case, cited supra, vide OM NO.42012/4/2000-Estt (d) dated 24.11.2000 that the Department of Posts had to discontinue the maintenance of the waiting list of approved candidates for compassionate appointment on the basis of Ministry of Personnel D.O.P.&T OM No.42012/4/2000-Estt (D) dated 24.11.2000 communicated in DG Posts letter No.24-1/99-SPB-I, dated 8.2.2001.