SHRI KALPESH NATVARLAL GOHEL Vs. UNION OF INDIA, TO BE REPRESENTED THROUGH THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF CORPORATE AFFAIRS,

JUDGEMENT

(1.) THIS OA was once disposed of by this Tribunal vide order dated 25 -2 -2011 at the admission stage itself. Respondents took up the matter before the High Court vide Special Civil Application No. 6119 of 2011. Hon'ble High Court vide judgment dated 17 -9 -2013 set aside the said order of this Tribunal remanding the case with a direction to this Tribunal to decide the matter afresh in accordance with law after issuing notice to the respondent and offering an opportunity of hearing to the petitioner and respondent expeditiously. Accordingly, notice was issued to both sides. The respondents entered appearance on 13 -11 -2013. Thereafter, every effort was made by this Tribunal to dispose of the matter expeditiously. However, it took time for the respondents to get the reply vetted and signed by the officials at Delhi, Ahmedabad and Mumbai. Reply was filed only on 20 -12 -2013. On 21 -1 -2014 the applicant filed MA/29/2014 for amending the OA and the same was allowed in the interest of justice. This has resulted in the requirement of giving opportunity to the respondents to file additional reply. However, no additional reply was filed by the respondents in spite of having availed of nearly one month's time more for that purpose. Finally the matter was heard on 11 -3 -2014 and was reserved for orders. The subject matter in this OA is the refusal of respondents to the applicant's request for appointment on compassionate grounds as a sequel to his father dying in harness. The applicant's father while serving as J.T.A. in the office of respondent no. 2 committed suicide on 01 -4 -2004 by jumping down from a multistoried building in Lal Darwaja. He was 59 years old at the time of his death. On 16 -4 -2004 the applicant's mother made a representation to respondent no. 2 requesting for employment to the applicant. The applicant also made a formal application on 10 -5 -2004. Thereafter, the applicant had been repeatedly called upon by the respondents to furnish fresh written applications on three more occasions. Finally, his request was rejected by respondent no. 1 vide communication dated 23 -7 -2009 stating that since his request has been pending for more than three years, the same could not be considered. Thereupon the applicant filed OA/318/2009 before this Tribunal. By order dated 26 -2 -2010 this Tribunal disposed of that OA with a direction to the respondents to consider the case of the applicant on three occasions and with a further direction to ascertain as to whether the financial condition of the applicant was penurious.

(2.) IN this second round of litigation the applicant has approached this Tribunal being aggrieved by the decision of the respondents vide Annexure -A dated 30 -12 -2010. In Annexure -A the respondents have stated that in the meeting of the Screening Committee on compassionate appointment held on 24 -12 -2010 the applicant's request was considered and that after careful consideration, the Committee concluded that it does not seem to be a case which may be called to be penurious so as to justify the consideration of the candidate for compassionate appointment and hence the applicant case was finally closed and accordingly his application for compassionate appointment was rejected. Annexure -A was communicated to the applicant by respondent no. 2 vide his letter dated 05 -1 -2011. Annexure -A/22 -a at page 112/A of the paper book is a copy of the minutes of the meeting of the Committee for appointment on compassionate ground held on 24 -12 -2010.

(3.) RESPONDENTS filed a reply placing a heavy emphasis on the financial condition of the applicant's family immediately after the death of his father. According to the respondents the widow of the ex -employee received about Rs. 14 lakh by way of terminal dues. Details of the amount received by the widow are: