Person should be in service for compassionate appointment, rules CAT

The bench comprising P Madhavan, Judicial Member and T Jacob, Administrative Member made the observation while hearing a petition filed by Rathnamary Janes after her son died three days before receiving a ‘fresh’ appointment order in Southern Railway (SR).

Rathnamary Janes, mother of late Cyril Francis Janes, a resident of Pugazh Nagar in Trichy have approached the CAT to direct the SR to consider her case for appointment to any post on compassionate ground to her daughter. After the death of his father, Cyril Francis was appointed on compassionate grounds as Grade III technician on December 6, 2007. Rathnamary submitted that owing to heavy mental depression following her husband’s death, her son was not able to do his duties, which ultimately led to the removal of her son from service on November 22, 2013, by disciplinary committee.

Countering this, SR submitted that Cyril was removed from service after an unauthorized absence from duty for 278.5 days in between 2009 and 2012. The appeal and revision petition filed by Cyril was dismissed and then he filed a mercy petition. He was then given an appointment as Khalasi Helper as a fresh entrant. The order was communicated to Cyril on August 2015, but the department was informed that Cyril died 3 days ago.

SR submitted that scheme of compassionate appointment was evolved to help the family members who suffer from a financial crisis due to the sudden demise of the breadwinner. But for granting compassionate appointment to the dependent family member, the deceased employee must be in service at the time of his death.

Accepting the SR’s submission, the bench dismissed the petition and said, “We do not find any arbitrariness in the decision taken by railway and we find nothing to interfere in impugned order passed by the department.”