SEEMA RAKHA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioner Smt. Seema being aggrieved of the order dtd. 11/2/2022 passed by learned Central Administrative Tribunal, Jodhpur Bench rejecting the original application filed by the petitioner seeking a direction to the respondent Postal Department for affording appointment to the petitioner on compassionate basis to a suitable post in place of her father, an erstwhile employee of the Department.

(2.) The petitioner is the married daughter of Late Shri Rakha Ram Mali who was employed in the Postal Department as an Ex. Mail Overseer. He expired on 2/4/2012 while in service. The application seeking compassionate appointment filed by Shri Prakash Chand, Son of Shri Rakha Ram and brother of the petitioner was rejected by the respondents vide endorsement dtd. 27/6/2013. Another such application filed by Shri Prakash Chand was rejected on 25/9/2013. Shri Prakash Chand filed an Original Application No.113/2014 in the Central Administrative Tribunal for assailing these orders which was dismissed by order dtd. 21/11/2016 which has attained finality as the same was not challenged further. The petitioner herein, filed the application dtd. 1/1/2019 and representation dtd. 4/2/2019 before the employer of her late father, seeking compassionate appointment.

(3.) However, the respondent Department did not decide the application and did not afford appointment to the petitioner on compassionate basis, whereupon, she filed an original application in the Central Administrative Tribunal which was opposed by the respondents on numerous grounds viz. that the application filed by the petitioner amounted to a second prayer for compassionate appointment because, the earlier prayer made to this effect by her brother Prakash Chand had been rejected twice; that the petitioner was married and was living with her husband at the Village Chak Bhainsaka Tehsil Shiv, District Barmer and that she was neither a dependent of Rakha Ram nor the family of Rakha Ram was dependent on her. The learned tribunal considered the submissions advanced by counsel representing the parties and rejected the application seeking compassionate appointment preferred by the petitioner by the order dtd. 11/2/2022 which is assailed in this writ petition.