DEVI PRASAD PANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the validity and legality of the order dated 05.02.2014 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.821 of 2011.

(2.) The factual conspectus of the matter revolves around denial of compassionate appointment/absorption in PA/SA Cadre or any other regular Departmental posts to the petitioner despite the fact that some other similarly situated persons have been considered for appointment. The father of the petitioner late Mochinath Panda was serving as ExMail Overseer in the office of Assistant Superintendent of Post Office, Bhanjanagar who died of Cancer on 26.01.1998 at the age of 51 leaving behind the dependant widow, the petitioner, one married daughter and two minor sons and two daughters. The widow of the deceased-employee approached opp. party No.3, i.e., the Superintendent of Post Offices, Aska Division, Aska for compassionate appointment of her elder son/petitioner. After due verification of the documents and getting satisfied in every respect, the CRC vide Office Memorandum dated 13.9.1999 approved the compassionate appointment of the petitioner relaxing the normal recruitment rules for appointment of Postal Assistant/SA.

(3.) Despite the willingness of the petitioner and approval by the authority, he was not given appointment in any other Ministry instead the Department, willy nilly, directed him to be absorbed in the post of Gramin Dak Sevak (GDS) on 21.08.2001. The said offer was subject to the condition that once he accepts G.D.S. post, he cannot claim for appointment of any special consideration against the Departmental vacancies. Accordingly, the petitioner, unwillingly, submitted his willingness on 04.09.2001 but later on 06.09.2001, he withdrew the same reiterating his request for appointment against PA/SA or in any other Ministry.