High Court
Case Details
Neutral Citation No. - 2025:AHC:81813 Court No. - 5 Case :- WRIT - A No. - 2326 of 2025 Petitioner :- Pramod Kumar Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ashutosh Singh,Prateek Kumar Counsel for Respondent :- A.S.G.I.,Prashant Mathur,Ritu Hon'ble Ajay Bhanot,J. 1. Heard Shri Prateek Kumar, learned counsel for the petitioner. 2. The petitioner claims that his application for grant of appointment on compassionate grounds has not been processed till date. 3. The relevant details in the application form submitted by the petitioner for grant of appointment on compassionate ground are extracted hereunder: “Particulars of all dependent family Members of the Government servant (if some are employed, their income and Whether they are living together or separately) S.No Name(s) Age Address Relationship the Government Servant (1) (2) 1 2 Anil Kumar Km. Manju (3) Son Daughter (4) (5) 33 years 26 years 50, Khatkana Pul (Moh), Kaseru Employed or not (if employed particulars of employment and emolument (6) 1 of 5 3 Mohan Kumar Son 25 years Khera, Meerut 4. The absence of material details relating to employment of dependents of the deceased is evident from the aforesaid application form submitted by the petitioner. The failure to fill the relevant details has been acknowledged by the Chief Executive Officer, Cantonment Board, Meerut in the supplementary counter affidavit wherein it has been asserted as under: “8. That, as already stated in paragraph 10 of the counter affidavit that immediately after the death of the deceased employee, the petitioner was put to work w.e.f. 01.05.2009 as Beldar under C.B.R. No.30 dated 19.01.2009, as it also clear from the letter dated 04.02.2010(CA-3) written by the petitioner. 9. That, at this juncture it will not be out of place to mention that this Hon’ble Court vide order dated 02.04.2025 had taken cognizance of the application form dated 04.02.2010 (A-3), annexed with the petition. The said application form as submitted by the petitioner before the respondents is not as per the required proforma, as the petitioner in his application dated 04.02.2010 has not filled the complete/material details of his siblings as well as the details of the terminal benefits received by the petitioner, as required in the proforma annexed with the counter affidavit at Page 39 to 41. The petitioner has only enclosed his school certificate, caste certificate and a domicile certificate.” 5. The stand which was taken before this Court by the Chief Executive Officer, Cantonment Board, Meerut through his counsel is reflected in the order dated 21.04.2005 : 2 of 5 "However, the stand taken by the CEO before this Court through his counsel is that such applications are not liable to be rejected irrespective
Legal Reasoning
of the aforesaid infirmities like suppression of material facts or statement of incorrect facts. To the contrary the said applications have to be considered sympathetically in view of the instructions issued by the Director General Defence Estates. The relevant part of the said instructions is extracted below: "(e) Requests for compassionate appointment consequent on death or retirement on medical grounds of erstwhile Group 'D' staff may be considered with greater sympathy by applying relaxed standards depending on the facts and circumstances of the case." 6. When the aforesaid stand was taken by the Chief Executive Officer, Cantonment Board, Meerut, this Court directed the Principal Director Defence Estates, Central Command, Lucknow and the Director General Defence Estates to file affidavits clarifying the aforesaid issue. The affidavit filed on behalf of the Director General Defence Estates reads as under: “6. That, the applicant is required to fill application form/proforma for processing the case of compassionate appointment. The applicant is essentially required to supply his personal details such as educational qualifications, details of dependent family members, proof of birth, which are essential for considering his/her candidature and, in case the said essential details are not provided by the applicant, the same would lead to rejection of the candidature of the applicant. 7. That, as far as the details of assets namely, family pension, D.C.R. gratuity, G.P.F. balance, life insurance policies, movable and immovable properties, C.G.E. insurance amount, enacashment of leave, and liabilities is concerned it has to be filled by the applicant, however, in case the same has not been filled by the applicant in the form, the applicant should not be precluded from compassionate appointment, merely on the ground that 3 of 5 the said details of payments of asserts have not been filled in light of above mentioned instructions of DoP&T, as the same can easily be verified by the committee from the official records maintained by the Cantonment Boards. The Committee should liberally and sympathetically consider the applications received for compassionate appointment, and award merit points as per parameters and attributes of the 100-point weightage system, and recommend the case for compassionate appointment, as is in the instant case. However, no relaxation whatsoever should be granted in case the essential details provided by the applicant concerned are found to be incorrect/false.”
Legal Reasoning
7. Faced with this, Shri Prashant Mathur, learned counsel for the respondent No.3 submits that now the adequate guidelines have been provided by the senior most authorities. A fresh order will be passed by the Chief Executive Officer, Cantonment Board, Meerut after considering all aspects of the matter including the directions of the superior authorities/ Director General Defence Estates on the application of the petitioner for grant of appointment on compassionate grounds. 8. Shri Shashi Prakash Singh, learned Additional Solicitor General assisted by Ms. Ritu, learned Central Government Counsel submits that the case of the petitioner for grant of compassionate appointment has to be revisited in light of the facts which have emerged and the appropriate instructions which have been provided by the superior authorities including Director General Defence Estates. 9. The Chief Executive Officer, Cantonment Board, Meerut to notice the petitioner and give him an opportunity of hearing before passing the final order as per law and in light of the 4 of 5 directions/stand of the Director General Defence Estates taken before this Court. 10. The exercise shall be completed within a period of three months by the Chief Executive Officer, Cantonment Board, Meerut. 11. A copy of this order be sent to the Director General Defence Estates and Principal Director Defence Estates, Central Command, Lucknow as well as Chief Executive Officer, Cantonment Board, Meerut for compliance. 12. With the aforesaid directions, the writ petition is finally
Decision
disposed of. Order Date :- 16.5.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad 5 of 5