CAT to Admn: Follow Centre’s norms on compassionate appointments
Ramkrishan Upadhyay
Chandigarh, June 1
The small ministries/departments may apply a more liberalised method of calculation for vacancies under 5% quota for compassionate appointments. Observing this, the Chandigarh bench of the Central Administrative Tribunal (CAT) has directed the Department of Industries, Chandigarh Administration, to re-consider the claim of Krishan Mohan Chanchal for appointment on compassionate grounds.
The Bench said the department has not followed the guidelines /instructions issued by the Government of India in this case. The applicant has filed an application for quashing an order of the Director, Department of Industries, dated May 20, 2021, vide which his claim for compassionate appointment against Group-D post has been rejected.
He said his father Brij Paul was working as peon with the Industries Department and was posted in the District Industries Centre, UT.
He died on November 21, 2019, while he was on official duty at India International Trade Fair-2019, New Delhi. He submitted an application to the department on February 18, 2020, requesting for appointment on compassionate grounds. He also approached the tribunal. The Bench on November 26, 2020, directed the department to consider and decide his case for compassionate appointment expeditiously within a period of six months.
An internal committee of the department discussed his matter for compassionate appointment as peon. The committee concluded that he was eligible for appointment as peon on compassionate grounds. The committee opined that since the compassionate quota was limited to 5% of the total sanctioned posts in Group-D and this office had only 10 sanctioned posts under Group-C and D in the past three years, he might not be appointed in this department due to the lack of vacancy.
Madhav Pokhrel, counsel for the applicant, argued that the department had ignored the guidelines/ instruction issued by the Government of India dated January 16, 2013, while rejecting the application.
Para 7(c) of the guidelines prescribes that the ceiling of 5% for compassionate appointments against regular vacancies should not be circumvented by making appointments of dependent family members of government servants on casual/daily wage/ad-hoc/contract basis against regular vacancies, he added. There is no bar on considering him for such appointments if he is eligible as per the normal rules/orders governing such appointments.
Further para 7(f) and (g) prescribe the liberalised method of calculation of vacancies for small ministries/departments. They have been instructed that they may apply a more liberalised method of calculation of vacancies under the 5% quota for compassionate appointments. The grouping of posts in small offices/cadres for the purpose of calculation of vacancies for appointment on compassionate grounds is permissible, said the counsel.
After hearing of the arguments, the Bench quashed the order dated May 20, 2021, and directed the department to reconsider the claim of the applicant for appointment on compassionate grounds in the light of provision in para 7(f) read with 7(g) of guidelines of the ministry dated January 16, 2013.
The case
The applicant has sought Group-D post on compassionate grounds. His father Brij Paul, who worked as peon with the District Industries Centre, UT, died in November 2019 while he was on duty at India International Trade Fair-2019, New Delhi.
