- (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE petitioner has prayed for a writ of certiorari quashing the judgment and order dated 27.2.1998 passed by the Central Administrative Tribunal, Allahabad by which claim of the petitioner for a direction to the respondents to give appointment to him on the post of Upper Division Clerk on compassionate ground has been rejected. He has further prayed for quashing of the orders dated 5.7.1993 and 22.8.1994 passed by the respondent authorities by which request of the petitioner's mother for appointment on compassionate ground has been rejected. It is then prayed that respondents may also be directed to grant appointment to the petitioner as Upper Division Clerk on compassionate grounds in the Central Excise Department, Kanpur within a period to be specified by the Court.
(3.) THE brief facts of the case are that petitioner's father Sri R.S. Kamthania was working in substantive capacity on the post of Inspector in the Central Excise Department. He expired on 26.01.1992 leaving behind the petitioner, his elder brother and mother. The elder brother of the petitioner was employed as a clerk in Central Bank of India who is claimed to be living separately from his father, mother and the petitioner. The petitioner, in these circumstances, applied for appointment on compassionate ground in the department. The contention of learned counsel for the petitioner is that "compassionate appointment" is offered by the department in accordance with office memorandum dated 30.6.1987. Relevant paragraph 4 of the said office memorandum regarding eligibility reads thus: (a) Compassionate appointments can be made only against direct recruitment quota. (b) Applicants for compassionate appointment should be appointed only if they are eligible and suitable for the post in all respects under the provisions of the relevant Recruitment Rules. (c) Departments are, however, competent to relax temporarily educational qualifications in the case of appointment at the lowest level i.e. Group 'C' or LDC post, in exceptional circumstances where the condition of the family is very hard. Such relaxation will be permitted up to a period of two years beyond which no relaxation of educational qualifications will be admissible and also services of the persons concerned. (d) Where a widow is appointed on compassionate ground to a Group -C or D post, she will be exempted from the recruitments of educational qualifications, provided the duties of the post can be satisfactorily performed without having...... (e) In deserving cases even where there is an earning member in the family, a son/daughter/near relative of the deceased Government servant, leaving his family in distress may be considered for appointment with the prior approval of the Secretary of the Department concerned, who before approving the appointment, will satisfy himself that the grant of concession is justified having regard to the number of dependent, the assets and liabilities left by the deceased Government servant, the income of the earning member as also his liabilities including the fact that the earning member is residing with the family of the deceased Government servant and whether he should not be a source of support to the other members of the family. ;