B.B.MANGALMURTI,J. - (1.) Heard counsel for the parties.
(2.) By the impugned order dated 11.11.2016 passed in O.A/051/00064/2015, the Learned Central Administrative Tribunal, Circuit Bench, Ranchi has upheld the Office Order dated 29.11.2014 (Annexure-9), impugned therein, whereby the claim for compassionate appointment by the applicant / writ petitioner herein, was rejected by the Respondents.
(3.) Father of the applicant was employed in Raw Material Division of SAIL. In the year 2008, he was diagnosed with certain grave ailment. The employee was referred for specialized treatment and he underwent kidney transplant in the year 2010. The Company provided him the best medical facilities and bore the expenditure also incurred for his treatment. As per the Circular No. RMD/K/Pers/F-14/11/597 dated 25.03.2011(Annexure-2), petitioner's father applied for consideration of medical invalidation on 06.04.2012. He was advised to apply in prescribed format which he did on 11.05.2012. While application was under process, he expired on 17.05.2012. In terms of Clause-2.3 of the Circular dated 25.03.2011, the Respondent rejected the claim for compassionate appointment. Clause 2.3. is quoted here under: "2.3 The date for consideration under the Scheme will be the date on which the Committee declares an employee as 'medically invalid'. If an employee dies due to disease or otherwise before declaration of 'medical invalidation' by the Committee then such death shall be considered as 'natural death' and the dependant family members shall not be considered for compassionate employment but may avail benefits under employees' Family Benefit Scheme.";