Holding

The Supreme Court set aside the orders of the Central Administrative Tribunal and the Punjab and Haryana High Court and remitted the matter to the CAT for fresh adjudication, finding no material basis for the rejection of the compassionate appointment.

Summary

The appellant, Mukesh Kumar, applied for a compassionate appointment as a clerk after his father retired on medical grounds and the appellant was a minor still pursuing studies. The Post Master General rejected the application on the ground that the family was not financially indigent, and subsequent appeals to the Director General and the Central Administrative Tribunal (CAT) were dismissed, the latter on a purported 15‑year delay. The Punjab and Haryana High Court also dismissed the appellant's writ petition, relying on the same factual premises. The Supreme Court held that there was no material evidence presented to justify the finding of non‑indigence and that both the CAT and the High Court had proceeded on factually erroneous assumptions. Consequently, the Court set aside the orders of the CAT and the High Court and remitted the matter to the CAT for a fresh hearing, allowing the appeal without costs.

Issues considered

Whether the rejection of the appellant's application for compassionate appointment on the ground of non‑indigence was justified.
Whether there was an inordinate delay of 15 years that warranted dismissal of the application before the CAT.
Whether the CAT and the High Court erred in their factual findings and application of the rules governing compassionate appointments.

Subjects

compassionate appointmentservice lawcentral administrative tribunalfinancial indigencedelayappellate jurisdictionsenior secondary qualification

Judgment

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> MUKESH KUMAR A
v.
UNION OF INDIA AND ORS.

SEPTEMBER 5, 2007

[DR.ARIJITPASAYAT ANDD.K.JAIN,JJ.) B

Service Law:

Compassionate appointment-Employee took retirement on medical
ground when his. son was minor-Son, after attaining the age of majority and C
minimum qualification, applied/or appointment on compassionate grounds-
Application rejected by authority-Appeal affirmed by appellate authority-
0.A. dismissed by Central Administrative Tribunal-Challenge to-Dismissed
by High Court-On appeal, Held: There is no indication as to the material
on the basis of which the authorities rejected the application for appointment D
holding that the family of the applicant was not in financially indigent
conditions-Both the Courts below also proceeded on factually erroneous
premise in rejecting the petitions-Hence, orders of the Courts below set
aside and matter remitted to CAT for adjudication afresh-Directions issued

Father of the appellant who was serving in the Posts and Telegram E
Office took retirement on medical ground; at that time, appellant was a minor.
Appellant, after passing the school Board examinations; filed an application
seeking appointment on compassionate ground. The application was rejected
by the Post Master General on the ground that family of the applicant was not
found to be financially in indigent condition. Aggrieved, the appellant filed an
appeal before the Director General, Post Office, who had rejected the same. F
The appellant moved Central Administrative Tribunal by filing an OA, which
was rejected by CAT on the ground that there was inordinate delay of 15 years
in filing the application. The writ petition filed by the appellant, questioning
correctness of the order of the CAT, was dismissed by the High Court. Hence
the present appeal. G
Appellant contended that both CAT and the High Court proceeded on a
factually incorrect premise; and that immediately after passing the Senior
Secondary Examination, he had filed an application seeking appointment on
compassionate ground for the post of clerk.
711 II
712 SUPREME COURT REPORTS (2007] 9 S.C.R.

A Respondent submitted that for compassionate appointment the
consideration is urgent financial needs. As the appellant was continuing his
studies even after retirement of his father, it has to be presumed that the family
was not in indigent condition.

Allowing the appeal, the Court
B
HELD: The appellant's application for compassionate appointment was
rejected on the ground that the family was not found to be in financially
indigent condition. TJiere is no indication as to the material on the basis of
which the conclusion was arrived at by the authorities. It is also not clear as
to what were the materials placed before the Circle Level Selection Committee
C to conclude that the family was not in financially indigent condition. To add to
it, both CAT and the High Court proceeded on factually erroneous premise,
as has been highlighted by the appellant and noted by this Court. The orders
of the Central Administrative Tribunal and the High Court are .set aside. The
matter is remitted to the Central Administrative Tribunal for fresh hearing.
D [714-A, B, CJ

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4058 of2007. ._

From the final Judgment and Order dated 18.03.2005 of the High Court
of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 20292 of 2004.

E Pradeep Gupta and K.K. Mohan for the Appellant.

Mohit Chaudhary, Rajni Ohri, V.K. Verma, Manish Jain and Puja Sharma
for the Respondents.

The Judgment of the Court was delivered by
F
DR. ARIJIT PASAY AT, J. I. Leave granted.

2. Challenge in this appeal is to the order dated 18.3 .2005 passed by the
Division Bench of the Punjab and Haryana High Court dismissing the writ
petition filed by the appellant. By the said writ petition, the appellant had
G challenged correctness of the order passed by the Central Administrative
Tribunal, Chandigarh Bench (hereinafter referred to as 'CAT') dismissing his
Original Application (in short 'OA').

3. Background facts in a nutshell are as follows:

H The appellant's father retired on medical grounds_ and was receiving
MUKESHKUMARv. U.O.I.[PASAYAT,J.] 713

>· invalid pension. At the relevant point of time, the appellant was minor and A
was studying in school. He appeared in Punjab School Education Board
Senior Secondary (12th class) Examination, which was held in the month of
March, 1997. The result of the examination was declared on 19th May, 1998.
Thereafter, the appellant filed an application for the post of clerk seeking
compassionate appointment. His date of birth is 12th June, 1980. The application B
was made on 20th JUiy, 1998. The application was rejected by the Post Master
General, Punjab Region, Chandigarh by order dated 18.10.1999. The application
was rejected only on the ground "family was not found to be financially in
indigent condition".

4. An appeal was filed before the Director General, Post Office, New C
Delhi, wherein it was stated that the father of the appellant was getting
Rs.1783/- per month, was bed-ridden for more than 11 years due to paralytic
attack and the appellant had no moveable and immovable property anywhere
in the country and was not employed anywhere. The appeal was rejected. The
appellant moved Central Administrative Tribunal by filing an OA, which was
rejected on the ground that there was inordinate delay of 15 years in filing D
the application. The writ petition questioning correctness of the said order,
as noted above, was dismissed by the High Court.

5. Learned counsel for the appellant submitted that both CAT and the
High Court proceeded on a factually incorrect premise. CAT proceeded on the
basis as if father was rendered unfit medically because of paralytic attack in E
1988 and was retired in 1988. Actually and indisputably, the father had retired
in 1994. The application made by the appellant was rejected in 1999 and the
appeal was dismissed by order dated 17th February, 2000. Therefore, the
question of 15 years' delay did not arise. The High Court proceeded on the
basis as if the appellant's father had died in 1994 and the claim for F
compassionate appointment was raised for the first time after about ten years.
In fact the father had not died and had retired and the application was not
made after about ten years. In fact, immediately after passing the Senior
Secondary Examination, the application was made for the post of clerk since
the minimum qualification was passing of Senior Secondary Examination,
which was held in the year 1997 and the result was declared in May, 1998. G
The application was made immediately thereafter. In essence, it is submitted
that the findings recorded by the CAT and the High Court are unsustainable.

6. In response, the learned counsel for the respondent submitted that
for compassionate appointment the consideration is the need to urgent financial H
714 SUPREME COURT REPORTS [2007) 9 S.C.R.
A needs. As the appellant was prosecuting studies after his father's retirement,
it has to be presumed that the family was not in indigent condition. It is to
be noted that the appellant's application was rejected on the ground that the
family was not found to be in financia!ly indigen~ condition.

7. There is no indication as to on the basis of -which materials the
B conclusion was arrived at. It is also not clear as to what were the materials
before the Circle Level Selection Com~ittee to conclude that the family was
not in financially indigent condition. To add to it, both CAT and the High
Court proceeded on factually erroneous premises, as has been highlighted by
the appellant and noted supra. Above being the position, the appeal deserv~s
C to be allowed, which we direct. The orders of 'the Central Administrative
Tribunal and the High Court are set aside. The matter is remitted to the Central
Administrative Tribunal, Ch~digarh Bench for fresh hearing. Parties shall be
permitted to place materials in_ support of their respective stand.

8. The appeal is accordingly allowed with no order as to costs.
D
S.K.S. Appeal allowed.

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