UNION OF INDIA Vs. PRADIPTA KUMAR JENA

JUDGEMENT

(1.) IN the present writ application, the Union of India has sought to challenge the judgment dated 9.8.2001 passed in O.A. No. 483 of 1995 by the Central Administrative Tribunal, Cuttack Bench, Cuttack allowing the same and directing that the applicant, namely, Pradipta Kumar Jena -Opp.Party No. 1 who had been appointed as 'Postman' under the 'Compassionate Appointment Scheme' is entitle to the post of 'Postal Assistant'.

(2.) LEARNED Counsel for the Union of India, inter alia, submitted that the applicant -Opp.Party No. Vs father retired on invalidation on 4.11.1993 while he was serving the Department and the Circle Relaxation Committee in their meeting/proceeding dated 23.11.1994 approved the compassionate appointment of Opp.Party No. 1 under the Postman cadre. It was further submitted that the applicant was duly trained and joined in the post of Postman on 6.1.1995. The case of the applicant/O.P. No. 1 was that, although, he had joined as Postman under the compassionate appointment Scheme, the private Opp.Parties' 2 to4 who had also been similarly approved for compassionate appointment to the posts of Postman and had undergone training, did not join in the said post and later on the said private Opp.Parties were appointed as Postal Assistants, thereby discriminating against the applicant.

(3.) LEARNED Counsel for the Union of India submitted that the appointment under the Compassionate Appointment Scheme is guided by the Circular of the Government of India, Ministry of Personnel, Public Grievances and Pensions dated 30th June, 1987 (Annexure -2) and in terms of the aforesaid guideline, no request for change in post was entertainable under the provisions contained in Clause -10 thereof. Clause -10 of the said Circular is quoted herein below: 10. Request for change in Post:When a person has accepted a compassionate appointment to a particular post, the set of circumstances which led to his initial appointment, should be deemed to have ceased to exist and thereafter the person who has accepted compassionate appointment in a particular post should strive in his career like his colleagues for future advancement and claims for appointment to higher post on consideration of compassion should invariably be rejected.