om:66-cl-2016-jun — Merit Points to be awarded to persons requesting for compassionate ground appointment should be realistic especially in the award of points for owning property such as lands, house, etc. In the present case, the personal loan taken by the Applicant for the marriage of her second daughter after the death of her husband is not considered which increases the merit points to 15 from 10 given by the Respondents. That revision led to the reconsideration of her request for compassiona

Merit Points to be awarded to persons requesting for compassionate ground appointment should be realistic especially in the award of points for owning property such as lands, house, etc. In the present case, the personal loan taken by the Applicant for the marriage of her second daughter after the death of her husband is not considered which increases the merit points to 15 from 10 given by the Respondents. That revision led to the reconsideration of her request for compassionate appointment by Respondents — Case involves a dispute over compassionate appointment due to husband's death, where the applicant was awarded additional merit points based on personal loan taken for her second daughter's marriage,... — Facts: Delay of 130 days in filing this OA is condoned and the OA is permitted to be filed. The Applicant is the wife of one (Late) P.V. Kandayi who was a Gramin Dak Sevak Mail Deliverer (GDSMD) and died on 22-1-2010 after rendering 27 years of qualifying service. In this OA, the Applicant prays for compassionate appointment due to the death of her husband which was rejected on the consideration due to her qualifying marks which does not meet the consideration for appointment. The main question to be considered is, whether there is own housing accommodation for the Applicant or for the family and whether there is any land yielding income. As per criterion, 10 merit marks are awarded when there is no house and land, 5 marks if one of the criteria is fulfilled and "0" point when both house and land is possessed. The Applicant herein, possesses a landed property of 0.1538 hectares of Purayidam and 14 years old house. The Applicant contends that she has only 1/3 right of the property due to her two daughters even though they are married. However, certificates revealed that house and land are owned by the Applicant herself. In that context even though the Applicant states that the land and house property had to be divided to her and her two daughters, the Applicant cannot be decategorized as a houseless or a landless person. The income derived from land owned is not available as also the nature of land as agriculture one yielding income. Unproductive land is as good as not having any land. However, because of the owning land and house, Applicant is not entitled to the benefits of merit points. Based on "Outstanding Liabilities", 10 marks are granted for education of minor children and 15 marks for marriage of daughters. Even though the Respondents state that the marriage of her second daughter was solemnized by her husband before his death, the marriage took place after the death of her husband. For the marriage of her second daughter, the Applicant states that, she availed personal loan. As per R-1, Scheme, 15 merit points are to be awarded in cases of "Outstanding Liabilities" on the marriage of daughter. The Respondents have not seriously considered this aspect of marriage of her second daughter after the death of her husband. Respondents ought to have granted 15 merit points when the Applicant produced records of personal loan taken by her for the marriage of her second daughter. Other merit points awarded do not show any discrepancy. The Tribunal concluded that "Outstanding Liabilities" should lead to grant of 15 merit points and ordered as below: