Ramesh Singh Rawat v. Union of India

The father of the petitioner was an employee in Civil Establishment in Military Engineering Service, Dehradun who died in harness on 18.8.1998. The petitioner thereafter applied for compassionate appointment under the dying in harness scheme applicable department. The claim of the petitioner has been rejected vide order dated 31.5.2002 (annexure no. 1 to the writ

petition). It is this order which has been challenged by the petitioner by means of the present writ petition.

Learned counsel appearing for the Union of India Ms. Anjali Bhargava raised a preliminary objection that since the father of the petitioner was an employee in Civil Establishment in Military Engineering Service, Dehradun, the writ petition is not maintainable in the first instance before this Court as the first remedy available to the petitioner is to seek remedy before the Central Administrative Tribunal in view of Constitution Bench judgment in L. Chandra Kumar Vs. Union of India and others AIR 1997 SC 1125.

Learned counsel for the petitioner, on the other hand, submitted that the petitioner cannot approach Central Administrative Tribunal by means of a claim 2 petition inasmuch the petitioner was not an employee of Military Engineering Service and the petitioner is not a member of service and therefore it is not a matter pertaining to the service of an employee and as such the matter is cognizable by this Court. This submission of the petitioner is wholly misconceived inasmuch as Section 3(q) of the Administrative Tribunals Act, 1985 defines (cid:147)service matters(cid:148) as follows: (cid:147)3. Definitions. (cid:151)In this Act, unless the context otherwise requires,-- (a) (cid:133) (b) (cid:133) (c) (cid:133) (d) (cid:133) (e) (cid:133) (f) (cid:133) (g) (cid:133) (h) (cid:133) (i) (cid:133) (j) (cid:133) (k) (cid:133) (l) (cid:133) (m) (cid:133) (n) (cid:133) (o) (cid:133) (p) (cid:133) (q) (cid:147)service matters(cid:148), in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation [or society] owned or controlled by the Government, as respects(cid:151) (i) remuneration pension and other retirement benefits; tenure including confirmation, seniority, promotion, premature reversion, retirement and superannuation; leave of any kind; (iii) (iv) disciplinary matters; or (v) any other matter whatsoever; (cid:148) allowances), (including (ii)

Apart from the aforesaid, Section 14 (3) (a) of the Act defines the jurisdiction, powers and validity of 3 Administrative Tribunals Act. Section 14 (3) (a) of the Act reads as under :- (cid:147)14. Jurisdiction, powers and authority of the Central Administrative Tribunal. (cid:151) (1) (cid:133) (2) (cid:133) (3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub- section apply to any local or other authority or corporation [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court [***]) in relation to(cid:151) recruitment, and matters concerning (a) recruitment, connection with the affairs of such local or other authority or corporation [or society]; and to any service or post (b) all service matters concerning a person [other than a person referred to in clause (a) or clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs. (cid:148)

The counsel for the Union of India has pressed for the words (cid:147)recruitments(cid:148) and (cid:147)matters concerning recruitments(cid:148) and submitted that even appointment under compassionate ground will only fall under the pervasive definition of (cid:147)recruitment(cid:148) and (cid:147)matters concerning recruitments(cid:148).

Learned counsel appearing for Union of India Ms. Anjali Bhargava has further relied upon the Central Administrative Tribunals Rules of Practice, 1993, more particularly Rule 154 which reads as follows :- (cid:147)154. Classification subjectwise/departmentwise. (cid:151)(a) scrutiny branch of the Registry shall at the time of scrutiny make classification of the cases as follows:-- The 4 (i) Departmentwise; (ii) Subjectwise; and (iii) Cases which can be heard by a Single Member Bench. (b) The departmentwise classification shall be made in accordance with Appendix VI, as may be modified by the Chairman from time to time. (c) Subjectwise classification shall be made in accordance with Appendix VII, as may be modified by the chairman from time to time. (d) Single Member Bench cases shall be classified in accordance with Appendix VII as may be modified by the Chairman from time to time. (e) The classification as above shall be entered in the relevant columns in the report of scrutiny in Form No.2/Form No.3, Order Sheet in Form No. 4 and Facing Sheet of the final cover in Form No. 5, referred to in rules 11 to 13 of these Rules. (cid:148)

Under the aforesaid provision, certain classification has been made regarding the jurisdiction of a Single Bench, Division Bench, etc. In Appendix VIII of Rules which is subject-wise classification of Single Bench cases, which reads as follows :- (cid:147)SUBJECT-WISE CLASSIFICATION OF CASES SINGLE BENCH CASES (a) Allotment Government Accommodation Eviction For (b) Claims of Medical Reimbursement, Leave, Joining Time, L.T.C. and Over-Time Compassionate Appointment (c) / Appointment of Dependents Dying in Harness (d) Crossing of Efficiency Bar (e) Date of Birth (f) Entry Character Rolls/Confidential Record / Service, record, made otherwise than as a measure of penalty under Central Civil Services (Classification, Control and Appeal) Rules, 1965 (g) Fixation of pay 5 (h) Grant Passes to Railway Employees (i) Grant of Pension, Family Pension, other Retirement Benefits and Interest on Retirement Benefits (j) Grant or Refusal to Grant Advances / Loans (k) Grant, Refusal or Recovery of Allowances (l) Postings/Transfers (m) Stagnation Increment(cid:148) The no. (cid:147)c(cid:148) Appointment/Appointment of Dependants Dying Harness(cid:148). (cid:147)Compassionate

Looking at all the provisions of law placed before this Court, this Court is clearly of the view that even the matter regarding compassionate appointment is a matter cognizable by Central Administrative Tribunal.

This Court, therefore, is satisfied that the writ petition is not maintainable in the first instance before this Court as the first remedy available to the petitioner is to seek remedy before the Central Administrative Tribunal in view of the Constitution Bench Judgment in L. Chandra Kumar Vs. Union of India and others AIR 1997 SC 1125.

Writ petition is therefore dismissed on the ground of alternative remedy.

No order as to costs. Kuldeep (Sudhanshu Dhulia, J.)

8.8.2012