Compassionate appointment

Dear sir My father worked in csd depot .he was passed on 25/12/2007.that time i am 16 yr old. But at this stage i m 25 yr department said your case are closed & not open again .3 time considered my case with 58 points . They are rejected my case lack of merit point of marks. I filled a CAT court case but depatment not open my file again . So plz help in this matter . CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH  O.A No. 060/00869/2015 Date of decision -20.10.2015  CORAM: HONBLE MR. SANJEEV KAUSHIK, MEMBER (J) HONBLE MR. UDAY KUMAR VARMA, MEMBER (A)  Jatin Chawla S/o Late Sh. Raj Kumar Chawla aged 24 years presently resident of House No. 86, Ghandinagar, Behind B D Floor Mill, Ambala Cantt. (Haryana). APPLICANT BY ADVOCATE: SH. ROHIT MITTAL. VERSUS 1. Union of India, through Secretary to Ministry of Defence, North Block, New Delhi, 110001. 2. General Manager, Canteen Stores Department, Adelphi, 119, RK Road, Mumbai  400020. 3. The Manager, Canteen Stores Department Depot, Ambala. RESPONDENTS BY ADVOCATE: SH. RAM LAL GUPTA. ORDER (ORAL)  HONBLE MR. SANJEEV KAUSHIK, MEMBER (J):- By means of the present O.A filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief:- (i) That impugned orders dated 24.12.2014 (Annexure A-1) be quashed and set aside being wholly illegal and arbitrary and respondents be directed to consider and appoint on compassionate grounds in accordance with law and policy. (ii) That this Honble Tribunal may also pass any other order for the grant of relief to the applicant which it may deem fit in the peculiar facts and circumstances of the case. 2. Learned counsel for the applicant submitted that though the claim of the applicant has been rejected vide impugned order dated 24.12.2014 on the ground that his case was not found deserving than the other candidates who were considered for compassionate appointment in the meeting held on 29.11.2013 but they have also relied upon the Government of Indias Instruction dated 05.05.2003, which prescribed a maximum time limit of three years to consider the cases of compassionate appointment, which has already been quashed and set aside by the Honble Allahabad High Court and Government of India has also withdrawn the same. He submitted that wrongly the respondents have rejected the case of the applicant on the basis of non-existant instruction. He submitted that the respondents may be directed to keep his case alive for indefinite period as per the recent policy. A similar issue has already been decided by this court in case of Amrik Singh Vs. U.O.I & Ors. (O.A No. 1621/CH/2013). The said O.A was allowed vide order dated 11.12.2013 with a direction to the respondents to reconsider the case of the applicant, therein, by passing a speaking and reasoned order in terms of the extant instructions on the subject. He prayed that the present O.A may be disposed of in similar terms. 3. Issue notice to the respondents. 4. Sh. Ram Lal Gupta, Sr. CGSC appears and accepts notice on behalf of the respondents. He did not raise any objection to the disposal of O.A, in the requested manner. 5. Considering the ad-idem between parties and without going into the merits of the case, we dispose of the instant Original Application in terms of the view obtained in case of Amrik Singh (supra), the relevant part of which reads as under:- 3. Since, it is common knowledge that O.M. No. 14014/19/2002-Estt. (D) dated 5th May, 2003 has been withdrawn by DOPT,GOI, it is felt that it is not necessary to issue notice to the respondents in the matter. However Sh. Deepak Agnihotri learned Senior Central Government Standing Counsel is present on behalf of respondent no. 1 and Sh. Parveen Kumar proxy for Sh. R.K.Sharma puts in appearance on behalf of respondent no. 2 and 3. They have no objection to the disposal of this O.A with the direction that the impugned orders dated 30.07.2007, 12.11.2008, 05.01.2010 and 25.11.2013 are quashed and matter is referred to respondents no. 2 and 3 to reconsider the case of the applicant for appointment on compassionate ground on merit in terms of the extant instructions on this subject. Such consideration may be effected within a period of two months from the date of a certified copy of this order being served upon respondent no. 2 and 3 and reasoned and speaking order be passed on the application of the applicant, Sh. Amrik Singh seeking appointment on compassionate grounds. Needless to say, no view has been expressed on the merit of the claim made by the applicant. 4. OA is allowed as per above direction. 6. No costs.