- (1.) HERD Shri Sanjai Kumar Om, learned Counsel appearing for the Union of India and representing all the petitioners including Secretary, Ministry of Information and Broadcasting, Government of India, New Delhi and the Director General, Prasar Bharti, Durdarshan Bhawan, New Delhi. A supplementary affidavit has been filed brining on record the certified copy of the judgment of the Central Administrative Tribunal (CAT).
(2.) THE petitioners are aggrieved by the judgment of the CAT, Allahabad Bench, Allahabad dated 17th July, 2009 allowing the original application and quashing the instructions contained in the Office Memorandum dated 5.5.2003 of the Departmental of Personnel and Training, Ministry of Personnel, Public Grievances and Pension, Government of India, fixing a maximum time limit of 3 years to offer compassionate appointment, and the order dated 25.5.2005 passed by the Deputy Director (Administration), Prasar Bharti, New Delhi. The Tribunal has directed that the applicant's case for compassionate appointment be considered afresh ignoring the aforesaid limit fixed under the circular, taking into account the financial condition of the family. Brief facts giving rise to this writ petition are that late Shri Santosh Kumar Misra was serving as Upper Divisional Clerk in the office of Door Darshan, Kanpur. He died in harness on 14.8.1998 in Hallet Hospital, Kanpur leaving behind Smt. Asha Misra as his widow and two minor sons Prakhar and Shikhar. Smt. Asha Mishra, the widow of the deceased, had passed her High School and Intermediate examinations in the year 1982 and 1984, and B.A. IIIrd year examination in the year 2001 on 1.8.2001. She applied for compassionate appointment. She was informed by the Director General, Prasar Bharti, New Delhi by a letter dated 7/8.12.199 that the competent authority has approved her compassionate appointment on the post of LDC, Group -C in Door arshan and that her name has been included in the pending list of compassionate cases. She will be offered appointment, when her case will mature depending upon the vacancy, which may be available in future against 5% quota prescribed for compassionate appointments. Subsequently by letter dated 15.3.2000 the Door Darshan Kendra, Kanpur informed her that according to the instructions by the Director General, Doordarshan no further correspondence is required. The applicant awaiting the appointment letter continued to make representations on 10.3.2005 and 13.4.2005. In the meantime, her sons passed the High School Examination in the year 2004 and 2005 respectively.
(3.) SMT . Asha Mishra filed an Original Application in CAT for deciding her representation dated 13.4.2005 and to quash the order dated 25.5.2005 by which Shri Mashoda Lal, Deputy Director (Admn), Prasar Bharti (Broadcasting Corporation of India), in the office of Director General; Doordarshan, Doordarshan Bhawan communicated to her that all wait listed cases, which were approved in principle for compassionate ground in Doordarshan could not be offered appointment due to non availability of 5% vacancies under the direct recruitment quota. In the meeting dated 17.3.2005 held at the Directorate the Committee while considering the cases of compassionate appointment observed, that since the adequate number of vacancies under the 5% of direct recruitment quota, in a year fixed by the DOP & T for compassionate appointment are not becoming available, and the number of such cases are increasing every year, therefore, keeping in view the instructions dated 5.5.2003 of DOP & T that if no appointment is offered within three years, no case be kept in the waiting list for more than three years. The Committee has further taken a decision that all such wait listed cases, which are more than three years old may be closed and their names be deleted from the wait list.;