OA No. 3489/2014. Case: Nisha Kumari Vs Union of India and Ors.. Central Administrative Tribunal

Case NumberOA No. 3489/2014
CounselFor Appellant: Varun Hans, Advocate and For Respondents: S. Rajappa, Advocate
JudgesK.N. Shrivastava, Member (A)
IssueAdministrative Tribunals Act, 1985 - Section 19; Constitution Of India - Articles 14, 15, 16
Judgement DateApril 06, 2017
CourtCentral Administrative Tribunal

Order:

K.N. Shrivastava, Member (A), (Principal Bench At New Delhi)

  1. This Original Application (OA) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, praying for the following main relief:

    To direct the respondents to appoint the applicant at an eligible post in place of her deceased father as compassionate appointment.

  2. The brief facts of this case are as under:

    2.1 The applicant's father Shri Surender Kumar Singh was working as a Vice Principal in Jawahar Navodaya Vidyalaya (JNV), Gumla, Jharkhand. He died in harness on 26.04.2013, leaving behind his widow Sushila Devi, son Mr. Vikas Kumar and daughter Ms. Nisha Kumari (applicant). Mr. Vikas Kumar is working at Delhi whereas the applicant, who is married, is unemployed. The applicant has applied for compassionate appointment. Her mother Mrs. Sushila Devi and brother Mr. Vikas Kumar have given no objection to it. The application of the applicant for the compassionate appointment was duly forwarded by respondent No. 3 to the Deputy Commissioner, Navodaya Vidyalaya Samiti (NVS), Regional Officer, Patna, vide letter dated 19.06.2013, who in turn sent it to the NVS, Headquarters, vide letter dated 11.09.2013 for approval. The respondents have rejected the request of the applicant for the compassionate appointment vide Annexure 'A' letter dated 31.03.2014 (p.33) on the ground that since one was married during the lift time of her father and thus was not dependent on her father and hence her request cannot be considered. Annexure 'A' is a communication from the Assistant Commissioner, to the Deputy Commissioner, Regional Office, Patna. Aggrieved by the Annexure-A order the applicant has filed the present OA.

  3. Pursuant to the notices issued, the respondents entered appearance and filed their reply. Thereafter the applicant filed her rejoinder. With the completion of the pleadings the case was taken up for hearing the arguments of the parties on 17.03.2017. Arguments of Shri Varun Hans, learned counsel for the applicant and Shri S. Rajappa with Dr. Puran Chand, learned counsel for the respondents were heard.

  4. Shri Varun Hans, learned counsel for the applicant submitted that the applicant's case cannot be rejected solely on the ground that she is a married daughter of the deceased employee. In this regard, the learned counsel placed reliance on the following judgments of the various High Courts:

    i) Judgment of the Madras High Court in Jayalakshmi v. Tamil Nadu Generation and Distribution Corporation Ltd., [Writ Petition No. 22171 of 2013, delivered on 13.08.2013], where the Hon'ble High Court has held as under:

    ...if marriage is not a bar in the case of son, the same yardstick shall be applied in the case of a daughter also. At this juncture, it is relevant to take note of the statue, namely the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which places equal duty on both the son and daughter to take care of the parents at the old age. Therefore, in the case of death of the parents, there cannot be any unequal treatment among the children based on sex.

    (ii) Judgment of the Hon'ble Calcutta High Court in Purnima Das v. The State of Bengal & Ors., [W.P. 33967 (W) of 2013, delivered on 19.03.2014], where the Hon'ble High Court has held as under:

    There cannot be any manner of doubt that an applicant cannot claim appointment in a particular group/class of post as a matter of right. Appointment on compassionate ground too, cannot be claimed as a matter of right. There can be no quarrel with the settled legal proposition that a claim for appointment on compassionate ground is based on the premises that...

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