GRANDSON IS ENTITLED FOR COMPASSIONATE APPOINMENT

In a recent judgment, the Central Administrative Tribunal held that the grandson is entitled to be considered for appointment on compassionate ground.

Brief Facts :-

The applicant was the grandson of a deceased employee who died in harness while working in railways. Applicant's grandfather died on August 18, 2002 and his father on August 12, 2006. He was raised by his grandmother and was included in her service records as a family member. Following his grandmother's death, applicant obtained a succession certificate declaring him as her legal heir. Thereafter, he applied for compassionate appointment based on his dependency on his grandmother; however, this application was rejected based on the interpretation that there is no provision for granting compassionate appointments to grandsons under Railway Board regulations.

Legal Issues:

1. Is applicant entitled to compassionate appointment as a grandson of a deceased railway employee?

2. Does dependency play a role in determining eligibility for compassionate appointments under existing regulations?

Court's Decision:

The Central Administrative Tribunal ruled in favor of the applicant, directing the respondents to reconsider applicant's application for compassionate appointment within six months.

?Reasoning:

• The court acknowledged that while Railway Board Master Circular No.16 does not explicitly provide for compassionate appointments to grandsons, it does not prohibit such appointments either.
• The court emphasized that dependency should be considered a significant criterion when evaluating claims for compassionate appointments.
• It noted that various precedents which have recognized grandsons' eligibility for such positions when they can demonstrate dependency on the deceased employee.
• The court found sufficient evidence indicating that applicant was fully dependent on his grandmother during her lifetime and held that he should be considered for appointment based on this dependency.

Click here to access the judgement - Manan Agrawal