PIKLU DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioner by the present writ petition has challenged the communication dated 12th February, 2002 issued by the Regional Director, National Savings, Assam Region, Government of India, Ministry of Finance rejecting the prayer for appointment on compassionate ground for the reason that in spite of repeated request and reminders issued by the authority he did not submit the requisite papers for appointment as Peon on compassionate ground and on the other hand insisted for appoint as Lower Division Clerk and also on the ground of subsequent abolition of all the vacant posts in Group 'C' and Group 'D' cadres in the National Savings Organisation as a measure of economy by the Government of India vide communication dated 11th June, 2001. The writ petitioner by the present writ petition has also prayed for directing the respondents to appoint him on compassionate ground.

(2.) I have heard Mr. A. K. Goswami, learned Senior Counsel for the petitioner assisted by Mr. M. K. Das and also Ms. N. D. Sarmah, learned Central Government Counsel.

(3.) MR . Goswami, learned Senior Counsel for the petitioner submits that since the Government of India has a scheme for appointing the sons and daughters of government servant, who died in harness, on compassionate ground, the authority is bound to consider the case of the petitioner for appointment on compassionate ground in any posts commensurate to his qualification. According to the learned Senior Counsel though there is still requirement for his appointment, as the financial hardships still continues, for the death of sole bread earner of the family. Since the authority vide communication dated 23rd March, 1999 rejected the petitioner's claim for compassionate appointment as Lower Division Clerk, the petitioner approached this Court by way of W.P.C. No. 2842 of 1999 and in spite of direction issued by this court to the authority concerned to reconsider the matter, has not appointed the petitioner on compassionate ground and instead issued a communication dated 12th February, 2002 rejecting the claim of the petitioner for compassionate appointment on the ground that he did not submit the requisite papers for appointment as Peon in spite of repeated requests and reminders, for which he could not be appointed on compassionate ground and also by citing the reasons that the Government of India subsequently vide communication dated 11 -6 -2001 abolished all the vacant posts in Grade 'C' and 'D' cadres in the Organisation as a measure of economy. According to Mr. Goswami the object of making appointment on compassionate ground being to mitigate the hardship, due to the death of the bread earner in the family, such appointment is required to be provided immediately to redeem the family in distress. Mr. Goswami has submitted that the authority in not making appointment on compassionate ground, has violated its own scheme for such appointment and put the petitioner in grave hardship. Mr. Goswami in support of his contention has relied upon the decision of the Hon'ble Supreme Court in Smt. Sushma Gosain and Ors. v. Union of India and Ors. reported in : (1990)ILLJ169SC .