The court set aside impugned Tribunal order approving compassionate appointment for a married son. Relying on GOI Office Memorandum dated 05.09.2016 clarifying permission for married sons, the writ petition was dismissed as wanting merits. Tribunal judgment on merits warranted no interference.
Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Court No. - 34
Case :- WRIT - A No. - 4557 of 2013
Petitioner :- Union of India and others Respondent :- Smt.Bhanumati Devi and others Counsel for Petitioner :- Praveen Shukla,Manoj Kumar Singh,S.C. Counsel for Respondent :- S.K.Vashisht, H N Tripathi, S.K.Singh Varshitha
Hon'ble Sudhir Agarwal, J. Hon'ble Ifaqat Ali Khan, J.
“OFFICE MEMORANDUM
Subject:- Consolidated Instructions on compassionate appointment — Review of FAQs dated 30.05.2013/25.02.2015 with regard to married son.
The undersigned is directed to invite attention to this Department’s O.M. No. 14014/6/1994-Estt.(D) dated 09th October, 1998 and OM of even number dated 16th January, 2013 vide which Consolidated Instructions on compassionate appointment were issued. Subsequently, vide FAQ No. 13 dated 30.05.2013 it has been clarified that married sons are not considered as dependent family member and hence not eligible for consideration for compassionate appointment. The
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clarification with regard to married son as stipulated in FAQ No. 13 dated 30.05.2013 has been reviewed vide FAQ No. 60 of even number dated 25.02.2015 as under:-
| Sl. No. | Question | Answer | |
|---|---|---|---|
| 60 | Whether ‘married son’ can be considered for compassionate appointment? |
Yes, if he otherwise all the other require of the Scheme i.e. otherwise eligible fulfils the criteria down in this Depart O.M. dated 16th Ja |
fulfils ments he is and laid ment’s nuary, |
| 2013. This woul effective from the d issue of this FAQ viz |
d be ate of . 25th |
||
| February, 2015 an |
d the |
||
| cases of compass | ionate | ||
| appointment a |
lready |
||
| settled w.r.t. the | FAQs | ||
| dated 30th May, may not be reopened |
2013, . |
||
| Sr.No.13 of the | FAQs | ||
| dated 30th May, | 2013 | ||
| may be deemed to | have | ||
| been modified to extent. |
this |
2. Pursuant to various Court Orders, the clarification/FAQ No. 13 dated 30.05.2013 and FAQ No. 60 dated 25.02.2015 has been further reviewed in consultation with the Department of Legal Affairs. It has been decided that married son can be considered for compassionate appointment if he otherwise fulfils all the other requirements of the Scheme i.e. he is otherwise eligible and fulfils the criteria laid down in this Department’s O.M. dated 16thJanuary, 2013.
3. FAQ No.13 dated 30.05.2013 and FAQ No.60 dated 25.02.2015 stands withdrawn from the date of their issue.
4. The cases of compassionate appointment rejected solely on the grounds of marital status in terms of FAQ No. 13 dated 30.05.2013 during the intervening period i.e. w.e.f. 30.05.2013 to 25.02.2015 in respect of married son may be reopened/reconsidered against vacancies occurring after issue
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of this OM.
5. Hindi version will follow.”
Dt. 20.04.2018 PS
2 issues framed by the court
Whether the Central Administrative Tribunal order upholding compassionate appointment for a married son warrants interference in light of Government of India Office Memorandum dated 05.09.2016.
Whether the writ petition lacks merits as the applicable rules now permit compassionate appointment for married sons fulfilling scheme criteria.
Union of India and others
Smt. Bhanumati Devi and others
Sudhir Agarwal
Ifaqat Ali Khan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
