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2016 DIGILAW 586 (JHR)

Tarani Mahato v. Union of India

2016-04-07

SHREE CHANDRASHEKHAR, VIRENDER SINGH

body2016
JUDGMENT : Per Virender Singh, C.J.: Being aggrieved of the order dated 07.04.2015 passed in OA/051/00075/2015 by the Central Administrative Tribunal, Patna Bench (Circuit Court Ranchi), the petitioner has filed the instant writ petition which is at admission stage but with the consent of learned counsel for both the sides, taken on board for its final consideration. 2. Heard learned counsel for both the sides and perused the records. 3. It is a case of compassionate appointment of the petitioner, for which mother of the petitioner (wife of the deceased employee, late Gulu, Trackman/SSE/Pway/BRR, who expired on 09.07.2007) moved an application on 31.05.2008, which was rejected by the respondents, vide letter no.Con/Misc/259/Pt.VI dated 04.05.2009 on the ground that the case of the petitioner was not falling under the rules as the petitioner was only class VI pass whereas, the minimum educational qualification for compassionate appointment in Grade –D category is class VIII pass. Another application was again moved by the mother of the petitioner on 22.03.2013 for appointment of the petitioner on compassionate appointment enclosing class VI pass certificate, which was when not considered, for about 2 years, the petitioner moved C.A.T, Circuit Court Ranchi, through the medium of O.A No.051/2015, which now stands dismissed. 4. Admittedly the petitioner is not class VIII pass till date, therefore, he in any case cannot be considered for regular appointment even on compassionate ground in Grade – D. However, it is borne out from the records of the present case that the case of the petitioner was, in fact, considered as Trainee as per RBE's No.166/2011 as one finds from the communication of Senior Divisional Personnel Officer, Eastern Railway, Asansol sent to the mother of the petitioner. Admittedly, for appointment as Trainee on compassionate ground, no minimum qualification is required and the only requirement under the rules is that if any person is appointed as Trainee on compassionate ground, he has to acquire minimum qualification in 5 years for regular appointment in Grade – D. Admittedly, in the case on hand, there appears to be no delay in moving the application by the mother of the petitioner for appointment of her son (petitioner herein), as immediately after the death of her husband she moved an application in the year 2008 itself and when not considered as is clear from the letter no.Con/Misc/259/Pt.VI dated 04.05.2009, another application was moved in the year 2013. We are conscious of the fact that the second application was moved after an intervening period of 4 years however, in terms of the Scheme for compassionate appointment, Annexure – 6, belated request for compassionate appointment can also be considered. Clause 8 of the said Scheme reads: “8. Belated requests for Compassionate Appointment (a) Ministries/Departments can consider requests for compassionate appointment even where the death or retirement on medical grounds of a Government servant took place long back, say five years or so. While considering such belated requests, it should, however, be kept in view that the concept of compassionate appointment is largely related to the need for immediate assistance to the family of the Government servant in order to relieve it from economic distress. The very fact that the family has been able to manage somehow all these years should normally be taken as adequate proof that the family had some dependable means of subsistence. Therefore, examination of such cases would call for a great deal of circumspection. The decision to make appointment on compassionate grounds in such cases may, therefore, be taken only at the level of the Secretary of the Department/Ministry concerned. (b) Whether a request for compassionate appointment is belated or not may be decided with reference to the date of death or retirement on medical ground of a Government servant and not the age of the applicant at the time of consideration.” 5. Ministry of Railways, Government of India, vide its communication no.E(NG)II/1998/RC1/64 dated 14.09.2012 has issued certain clarifications with regard to the appointments on compassionate ground and clause 3 of the said clarification, in specific terms, made clear that a person appointed as a Trainee on compassionate ground has to acquire minimum educational qualification in 5 years and that the person appointed as Trainee enjoys the status of the Government servant from the initial date and will be allowed all the allowances and benefits allowed to a Government servant, except certain benefits to which he is not entitled as a Trainee. Clause 3 of the said clarification dated 14th September, 2012 reads: 3. In continuation with the above, following points are also clarified: (I) A person appointed 'Trainee' enjoys the status of a Government servant from initial day and will be allowed all the allowances and benefits allowed to a Government servant. Clause 3 of the said clarification dated 14th September, 2012 reads: 3. In continuation with the above, following points are also clarified: (I) A person appointed 'Trainee' enjoys the status of a Government servant from initial day and will be allowed all the allowances and benefits allowed to a Government servant. (II) A person appointed as a 'Trainee' on compassionate grounds has to acquire minimum educational qualifications in 5 years. (III) The probation period of a person appointed as 'Trainee' on compassionate ground will begin only from the date he/she acquires minimum educational qualification and such person will be on probation for a period specified in the Recruitment Rules of the post/grade against which he/she is being appointed. (IV) A 'Trainee' appointed on compassionate ground is entitled to all kinds of leave applicable to a regular Railway servant. (V) A person appointed as 'Trainee' shall be allowed Children Education Allowance as per the admissible rates. (VI) A person appointed as 'Trainee' on compassionate ground would not be entitled for Overtime Allowance during the period he/she continue as 'Trainee'. (VII) A 'Trainee' has the status of Government/Railway Servant from initial day, as such, dependent of a person appointed on compassionate ground as 'Trainee' would be eligible for compassionate appointment in the event of his/her death in harness/medical unfitness. (VIII) A 'Trainee' appointed on compassionate ground, till he/she acquires minimum educational qualification, would be allowed increment at normal rates in the pay scale of -1S. (IX) A person appointed as 'Trainee' on compassionate ground, is eligible to Medical benefits as available to holder of the post in pre-revised Scale of Rs.4440-7440 without any grade pay. These issues with the concurrence of Finance Directorate.” 6. What appears to the Court is that learned C.A.T, Circuit Court Rachi, has not considered the aforesaid aspects while considering the case of the petitioner, who was initially to be appointed as Trainee only. Viewed thus, the impugned order of learned C.A.T deserved to be set aside. Ordered accordingly. 7. Let case of the petitioner be considered by the respondent-Railway, for his appointment as Trainee on a Grade – D post strictly in terms of the rules and circulars in vogue. Let this exercise be carried out within four weeks, as the matter has already been delayed considerably at the end of Railway. Ordered accordingly. 7. Let case of the petitioner be considered by the respondent-Railway, for his appointment as Trainee on a Grade – D post strictly in terms of the rules and circulars in vogue. Let this exercise be carried out within four weeks, as the matter has already been delayed considerably at the end of Railway. Learned counsel for the respondents is directed to inform the respondent-Railway without any waste of time. Ordered accordingly