THE DEPUTY DIRECTOR GENERAL, OPERATION BIHAR, GEOLOGICAL SURVEY OF INDIA Vs. RENU SINGH W/O LATE SURENDRA SINGH, EX UDC, GEOLOGICAL SURVEY OF INDIA

JUDGEMENT

(1.) UNION of India and its officers, aggrieved by the order dated 28th January, 2008 passed by the Patna Bench of the Central Administrative Tribunal in O.A. 32 of 2007, have preferred this application and seek its quashing.

(2.) SHORT facts, giving rise to the present application are; that the husband of the respondent died in harness on 23.8.1998 while working as Upper Division Clerk in the Geological Survey of India. He died leaving behind the widow, respondent herein and five minor children including two daughters. She made application for appointment on compassionate ground on Group -D post and her name was recommended for appointment by the Compassionate Appointment Committee on 23.8.2001. Later on, instructions were issued by the Director, Personnel and Training which provided for filling up 5% vacancies from direct recruitment quota on compassionate ground and it was further provided that the waiting list for compassionate appointment will last for a maximum period of three years. The respondent was denied appointment on the basis of those instructions. She filed application before the Tribunal seeking direction for appointment on compassionate ground, inter alia, contending that instructions issued after the recommendation of the compassionate appointment committee will not govern her case.

(3.) THIS submission found favour with the Tribunal, it observed as follows: The question before the Tribunal is whether the instructions issued by DOPT subsequent to the date of applicant 'sapplication and the date of recommendation of compassionate appointment committee will apply retrospectively to deny the applicant appointment of compassionate ground. This issue has already been considered by Cuttak Bench of the Tribunal in the case of Nayan Kumar Nanda V/s. U.O.I., 2004 2 ATJ 432. and Mumbai Bench in the case of Smt Vasant V/s. U.O.I., 2006 2 ATJ 490. Following decision of Hon ble Supreme Court in the case of Y.V. Rangaih and Ors. V/s. State of Karnataka, AIR SC 852 and of P. Machendran and Ors. V/s. State of Karnataka, AIR 1990 SC 405, it has been held that the subsequent instructions limiting the quota to five per cent for compassionate appointment and keeping alive the waiting list for a maximum period of three years will apply to those who had applied after issue of these instructions. There is no apparent reason for this Single bench of the Tribunal not to follow the above decision.