PANTHPREET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

(2.) BACKGROUND of the matter is that the mother of the applicant late Smt. Surinder Kaur, who was working in the Respondent department as GDSBPM, Pakka Kalan, died in harness on 10.7.2007, leaving behind her widower and the applicant. Father of the applicant is a handicapped person working as salesman in the office of Red Cross Society, Bathinda earning around Rs. 4000 p.m. The applicant who is 10+2 pass applied for appointment on compassionate grounds and his application was forwarded by Respondent No. 3 to Respondent No. 2 vide letter dated 09.8.2011 (Annexure A -2). It has been claimed in the O.A. that terminal benefit of only Rs. 38,000/ - was paid as DCRG and after verification it was found that family did not have any landed property or income apart from the salary of the husband of the deceased employee. A meeting of the Circle Relaxation Committee was held on 22.9.2011 but claim of the applicant was not considered as queries had been raised in the matter.

(3.) IN the written statement filed on behalf of the respondents facts of the matter have not been disputed. Further, it has been stated that the applicant made claim for his engagement as Gramin Dak Sewak on compassionate grounds initially on 01.10.2009 but due to loss of testimonials etc. from his custody, he preferred second application with duplicate educational certificates on 21.7.2011 and accordingly his case was forwarded to office of Postmaster General, Punjab Region, Chandigarh, on 09.08.2011 for his engagement in terms of Compassionate Engagement Scheme. Thereafter, the case of the applicant was examined in the Regional Office at Chandigarh and certain queries were raised with regard to verification of landed property at his paternal village and want of recommendations of the Divisional Head for available vacant post. The same were answered by the Bathinda Division on 26.09.2011. Meanwhile, Circle Relaxation Committee for compassionate engagement of Gramin Dak Sewaks held on 22.09.2011 and the case being deficient could not be considered. However, the same was considered by the Circle Relaxation Committee in its subsequent meeting held on 10.05.2013 along with 26 other cases for engagement as Gramin Dak Sewaks on compassionate grounds. On consideration of the cases as per the guidelines involving examination of laid down aspects i.e. financial position, assets, liabilities, pending marriage, marriage and education liability etc. of the children and other circumstances of the family, allocation of points to various attributes based on the laid down 100 point scale (45 points in the present case), the Circle Relaxation Committee did not find the case of the applicant to be so hard and deserving as compared to the cases which were approved in the Committee. A copy of comparative statement and minutes of the Circle Relaxation Committee annexed with the OA (Annexure -6/A) clearly states as to the manner in which applicant s case for compassionate engagement was considered and decided upon by the Committee. It is clear from the minutes that a number of candidates for compassionate engagement scoring below 50 or less than the approved one were not accommodated. Therefore, all such candidates were not approved for compassionate engagement. Compassionate engagements are necessarily to be made on the basis of the comparative financial position and other relevant facts of the applicants. Applicant s case was not the only one that had been rejected by the Circle Relaxation Committee, there were 12 other candidates besides the applicant whose cases had been rejected by the committee. The decision of the Committee was conveyed to the applicant vide Supdt. Post Offices, Bathinda Division endorsement letter dated 28.05.2013 (A/1).