BHARAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE grievance of the applicant in this O.A. is as to non -consideration of his claim for appointment on compassionate grounds on account of the fact that his father whilst serving as PLW died on 26 -5 -2006. The applicant claims that he is entitled for appointment on compassionate grounds in terms of scheme/policy of the respondents as set out in the DoP&T O.M. No. 14014/6/94 -Estt. (D) dated 09 -10 -1998 and the amendments and clarifications issued thereto.

(2.) IN support of the grievance and claim exhibited by the applicant in his O.A. the brief facts as stated by him are that his father was working as Head Pest Control Worker and expired on 26 -5 -2006. According to the applicant immediately after the death of his father, in the month of January 2007 he submitted an application to the respondents seeking appointment on compassionate grounds as per their policy. In turn he was informed to submit the requisite details including the details of present market value of the residential house of the deceased by the communication dated 26 -11 -2008. Thereafter, by the communication dated 09 -6 -2009, the respondents informed the applicant that his case is forwarded to the next Board meeting and will be placed again in the meeting of Board of Officers (hereinafter referred to as 'BOO') to be convened in the last week of June 2009. Subsequently, by the communication dated 21 -10 -2010 vide Annexure A/1 the respondents informed the applicant that the BOO have not recommended his case for grant of employment assistance on compassionate grounds and based on the recommendation of BOO the competent authority has rejected the claim of the applicant for employment assistance on compassionate grounds. Being aggrieved by the rejection of his claim for appointment on compassionate grounds under the impugned communication bearing no. CS/IV/EAC/D -285/2008 dated 21 -10 -2010 vide Annexure A/1, the applicant presented the instant O.A. with a prayer to quash the impugned communication dated 21 -10 -2010 and for a direction to the respondents to consider his case for appointment on compassionate grounds as per the policy of the respondents.

(3.) THE applicant has also filed his rejoinder.