JAGDEEP RAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present writ petition is to the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh on 11-04-2007 (Annexure P7) whereby the Original Application filed by the petitioner for seeking compassionate appointment after the death of his father on 21-7-2003 was declined.

(2.) It has been found by the Tribunal that the family of the deceased employee has been granted sufficient financial assistance such as death-cum- retirement gratuity of Rs. 2,45,520/-, GPF of Rs. 2,33,461/-, GIS amount of Rs. 30,000/- and ex-gratia amount of Rs. 29,820/-. Still further, family pension of Rs. 3300/- per month is being paid to the family. It has been further found that name of the petitioner was kept in the waiting list of the candidates seeking employment on compassionate grounds. His name appears at Sr. N. 17 whereas the persons senior to the petitioner in such list have not been given employment on compassionate grounds. Therefore, the petitioner cannot be appointed in preference to those candidates.

(3.) Learned counsel for the petitioner has relied upon a Circular dated 23-07-2001, Annexure P-8, wherein the restriction of 5% posts filled up by the candidates by way of compassionate appointment has been removed. It was decided therein to allow compassionate appointment beyond the ceiling of 5% in respect of those employees, who die while on active duty. It is thus contended that since there is no ceiling of 5% posts to be filled up by way of compassionate appointment, therefore, the petitioner is entitled to be appointed on compassionate grounds.