Sita Devi, wife of Late Sukhan Baitha v. Union of India, represented by the Secretary to the Government of India, Ministry of Water Resources, New Delhi
2016-07-18
U.B.SAHA
body2016
DigiLaw.ai
JUDGEMENT AND ORDER : The instant writ petition is filed by the petitioner No.1, who is the wife and the petitioner No.2, who is the son of Lt. Sukhan Baitha, who died in harness on 08.09.2003 while he was in service working as Security Guard at Kalashi Barrage Unit of the National Project Construction Corporation Ltd., (for short, NPCC Ltd.) for a direction to the respondents to appoint the petitioner No.2 on compassionate ground against the vacant post of Grade-III or Grade-IV in the establishment of the respondents. 2. Brief facts of the case are that Sukhan Baitha, a Security Guard (S/G Grade III) died in harness on 08.09.2003 leaving behind the petitioner No.1 and five minor children including the petitioner No.2 while in service at Kalashi Barrage Unit of NPCC Ltd. in the State of Tripura. Sukhan Baitha, the deceased employee, basically hailed from the district of Muzaffarpur, Bihar. Due to the untimely death of deceased Sukhan Baitha, the family of the petitioners was subjected to extremely poor economic condition and was even not in a position to maintain their day to day life. On 15.09.2003 the petitioner No.1 made an application to the Unit Officer, NPCC Kalashi Barrage Unit for providing her appointment on compassionate ground but the respondent-NPCC Ltd., did not answer to that though the Unit Officer assured her verbally that her case would be considered in due course of time. After the petitioner No.2 attained majority, the present petitioners filed a writ petition before the High Court of Patna which was registered as Civil Writ Jurisdiction Case No.325/2009 and the said writ petition was disposed of on 16.12.2014 giving liberty to the petitioners to approach the appropriate forum as the deceased employee at the time of his death was posted at Kalashi Barrage of NPCC Ltd. at Tripura. Thereafter, the petitioners filed the present writ petition before this Court. 3.
Thereafter, the petitioners filed the present writ petition before this Court. 3. The respondent-Union of India did not file any counter affidavit but the respondent-NPCC Ltd. by way of filing counter affidavit stated that this Court has no jurisdiction to decide the instant writ petition in view of the notification dated 27.08.2013 issued by the Ministry of Personnel, Public Grievances and Pensions, (Department of Personnel and Training) wherein it is mentioned that NPCC Ltd., is under the purview of the Central Administrative Tribunal (CAT) and that when the deceased employee, i.e. husband of the petitioner No.1 expired, i.e. on 08.09.2003, at that time the petitioner No.2 was a minor and he had attained the age of majority in the year 2013. On perusal of the petition submitted by the petitioner No.1, it appears that the petitioner has not disclosed of her educational qualification and as such the petition submitted by the petitioner No.1 is not maintainable. 4. Ms Sen, learned counsel for the petitioners submits that the petitioners were not aware of their right for compassionate appointment and also regarding the legal position. She also submits that in the year 2003 an application was made by the petitioner No.1 to the Unit Officer, NPPCC Ltd., Kalashi Barrage Unit but the Unit Officer though informed her orally that the authority will consider her prayer but in fact no action has been taken for providing her appointment. She finally submits that the compassionate appointment may not be a right but the authority is bound to consider the same in accordance with their own policy. 5. Mr. P Majumdar, learned counsel for the respondent Nos.2&3 submits that the Chairman, NPCC Ltd. was a necessary party in these proceedings but the petitioners have not made him a party and as such the instant petition cannot be allowed. 6. Mr. B Majumdar, learned CGC appearing for the Union of India relied upon the judgment of the Apex Court in Umesh Kumar Nagpal Vs. State of Haryana, 1994 (4) SCC 138 wherein the Apex Court held that “the compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. The consideration for such employment is not a vested right which can be exercised at any time in future.
State of Haryana, 1994 (4) SCC 138 wherein the Apex Court held that “the compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. The consideration for such employment is not a vested right which can be exercised at any time in future. The object being to enable the family to get over the financial crisis which it faces at the time of the death of the sole bread winner”. Mr. Majumdar submits that in the meanwhile almost 13 years have passed and the petitioners are very much surviving without any assistance from the respondents. Thus, it would be proper to dismiss the writ petition. 7. After hearing the parties and upon going through the contentions made in the writ petition as well as in the counter affidavit, this Court is of the considered opinion that the compassionate appointment is not a vested right and the petitioner No.2 is not entitled to get a job as a matter of right after attaining majority. More so, the petitioners have not enclosed any policy of the NPCC Ltd., relating to compassionate appointment and as such it very difficult on the part of this Court to consider the prayer of the petitioners. Admittedly, in the petitioners’ family there is no one serving under any government department or Corporation, rather they are still suffering from severe financial crisis in maintaining their day to day life. It is also nowhere mentioned by the respondents as to whether the application of the petitioner No.1 to the Unit Officer was considered or not by the authority concerned. Though compassionate appointment is not a vested right but has the right to be considered in accordance with the policy of the authority. 8. In view of the above, the instant writ petition is disposed of with a simple direction to the Unit Officer, NPCC Ltd., Kalashi Barrage Unit to send the application of the petitioner dated 15.09.2003 to the Chairman, NPCC Ltd., for consideration, if not considered by this time. The petitioners are also directed to submit a fresh representation to Chairman, NPCC Ltd., through the Managing Director having his registered office at Raja House 30-31, Nehru Place, New Delhi-110019.
The petitioners are also directed to submit a fresh representation to Chairman, NPCC Ltd., through the Managing Director having his registered office at Raja House 30-31, Nehru Place, New Delhi-110019. The Managing Director is directed to place the representation of the petitioners to the Chairman, NPCC Ltd., and the Chairman, NPCC Ltd., shall consider the same as per the norms/guidelines followed by the NPCC Ltd. relating to compassionate appointment. The petitioners shall file the application to the Managing Director within a period of one month from today. The entire exercise shall be completed within a period of three months from the date of receipt of the representation from the petitioners. 9. With the above, the instant writ petition is disposed of. No costs.