ups_00877 — Where application for compassionate appointment is made after a long time (here five years) and there is already one earning member in the family, compassionate appointment cannot be granted

Where application for compassionate appointment is made after a long time (here five years) and there is already one earning member in the family, compassionate appointment cannot be granted — This chunk is part of a judicial order regarding an application for compassionate appointment made by an individual after his father's death in 2017, while he was working as GDS. The applicant initia... — Facts: As per the Applicant, his father died in harness on 23-12-2017, while he was working in the post of GDS. MD with Kalyanpur SO. The Applicant submitted a Representation on 31-1-2018 praying for a temporary job due to death of his father. Accordingly, he was offered provisional engagement as GDSMD/MC, DPLLC EDBO with effect from 1-2-2018 vide Memorandum, dated 29-1-2018 in place of his father initially for a period of 90 days with effect from 1-2-2018 or until further order and subsequently, his service was extended till June, 2022. Thereafter, he was not allowed to work in pursuance of Postal Directorate Memo, dated 22-6-2022. In the meantime, the case of the Applicant was forwarded by the Respondent No. 5 on 10-2-2022 for consideration under compassionate appointment. However, vide impugned Order, dated 28-6-2022, the case of the Applicant for compassionate appointment was rejected being belated case of more than 4 years as well as on the ground that one son Shri Bimal Kanti Datta of the deceased employee is employed. Being aggrieved with, he has filed the instant petition. As per Learned counsel appearing on behalf of the Applicant has submitted that though case of one similarly circumstanced namely Paritosh Banik was forwarded vide Letter, dated 26-6-2022, whose father died on 15-7-2017, just few months back to the death of the father of the Applicant, however case of the Applicant has been rejected by the Respondents for the reasons best known to them. The Respondents have filed their written statement, wherein they have raised the issue of plural remedies. It has been stated that the Applicant is asking for regularization of his service, which is not acceptable as he was temporarily engaged with clear stipulation that such engagement would not confer any right to ask for regularization in the said post of provisional engagement. Further vide Postal Directorate's Memo, dated 11-2-2022, all the temporary arrangement against vacant posts were terminated with effect from 1-7-2022. It has been further stated by the Respondents that father of the Applicant expired on 23-12-2017 leaving behind wife, 3 sons (all married and living separately) and 2 daughters (both married). Among three, one son is employed in Government service also. Deceased Government employee had rendered 36 years 5 months service and at the time of his death, he was left with service of only 10 months. The Applicant is living in his own house as no liability except his mother. The Applicant had applied for compassionate appointment on 18-7-2022 only, which was considered and rejected as stated above.