om:5-cl-2020-Jan — Compassionate appointment to Applicant's son and wife of late Ainthu Surujal, who worked as GDSMD, Kalapathar BO is to be re-considered in the light of Circular, dated 17-12-2015 whereby the threshold merit point was reduced to 36 which was under consideration at the time of death of late Ainthu Surujal and pass order for compassionate appointment to Applicant and communicate the same to Applicants
Original Rule Text
Compassionate appointment to Applicant's son and wife of late Ainthu Surujal, who worked as GDSMD, Kalapathar BO is to be re-considered in the light of Circular, dated 17-12-2015 whereby the threshold merit point was reduced to 36 which was under consideration at the time of death of late Ainthu Surujal and pass order for compassionate appointment to Applicant and communicate the same to Applicants — O.A. No. 514 of 2017 concerns a request for compassionate appointment for the son and wife of late Ainthu Surujal, who died while in service as GDSMD. The case was initially rejected by the Circle Re... — Facts :There are two Applicants in this OA. The first one is the son of late Ainthu Surujal who died in service as GDSMD, Kalapathar BO and the second Applicant is the wife of late employee. Late Ainthu Surujal died while in service as GDSMD on 29-3-2012. Applicant No. 1 submitted a request for Compassionate ground appointment to him which was rejected by Circle Relaxation Committee (CRC) and request for reconsideration was also not entertained. That rejection letters were impugned in this OA.
The main grounds averred in this OA against rejection for compassionate appointment is financial condition, liability of marriage of daughter, wrong calculation of merit point by not taking the family condition at the time of his late father, etc. Counter is filed in this case substantiating reasons for rejection of the case.
Tribunal heard the case. It is stated by the Tribunal that mistake is committed while examining the case as the proposal had not been sent to higher Competent Authorities for decision. The action by Respondents is considered to have risen on 7-2-2017 when the reduction of merit point is under consideration. Hence there is no delay in considering this case. Under improper view of the second daughter of the late employee having been married, the merit point in this case for compassionate appointment is wrongly given. The contention of the Respondents that the settled case cannot be re-opened is not acceptable as on 17-12-2015 the case was under consideration as revealed from Annexure A/6 and A/7, dated 4-10-2010.
Circular, dated 17-12-2015 provides that the threshold for "hard and deserving cases" would be 36 points in place of existing 51 points. Further pending CRC decision, the provisional appointment of the Applicant is permissible for one year and the provisional appointment is made final if the Applicant fulfils the CRC decision.