ups_00885 — In a case where the parents are depending upon their unmarried son for their survival without any other source, the awarding marks under weightage system should be realistic and washing off the hands without any consideration of the plight of his/her parents when the employee died is unrealistic. A realistic approach is needed for compassionate appointment under such a situation. Deletion of parents from the dependent list of deceased employee is very unrealistic and such a list need inclusion o

UPS

In a case where the parents are depending upon their unmarried son for their survival without any other source, the awarding marks under weightage system should be realistic and washing off the hands without any consideration of the plight of his/her parents when the employee died is unrealistic. A realistic approach is needed for compassionate appointment under such a situation. Deletion of parents from the dependent list of deceased employee is very unrealistic and such a list need inclusion of dependent parents for the purpose of compassionate appointment — This chunk pertains to the case where a mother is seeking compassionate appointment following her son's death, who was employed as Gramin Dak Sevak Mail Deliverer (GDSMD). The Tribunal discusses the ... — Facts: The applicant, herein, is the mother of one Shri Rajesh Krishnan who worked as Gramin Dak Sevak Mail Deliverer (GDSMD for short) and died after a short period as GDSMD on 9-7-2011. The Applicant asked for compassionate ground appointment to her as she states that, she and her husband has no other means to survive. But her request was negatived as she had obtained only 38 relative merit points below the minimum of 50 merit points required for appointment. Hence she filed this OA to reconsider her claim for compassionate appointment by allowing the appropriate marks on various attributes and appoint her as GDSMD, Melampara Office as expeditiously as possible. The main point of the Respondent is that, mother and father of the deceased employee is not considered as "dependent family members" as per definition of the term "dependant in DoP&T Scheme on compassionate appointment notified on 16-1-2013. The Tribunal considered the points. The Applicant and her family members belong to Scheduled Caste Community. It is the duty of the son to look after his parents to provide them care and protection as his dependants. When the employee acquires a family, he has to look after them also In the wake of "The Maintenance and Welfare of Parents and Senior Citizens Act, 2007", it is the obligation of every son/daughter to look after their parents who are unable to maintain themselves. As per code of Criminal Procedure, 1973, it is the duty to maintain their parents who are unable to maintain themselves and if they fail action can be initiated as per Criminal Procedure, 1973. Non-inclusion of father and mother who are wholly dependent on the deceased employee seems to be contrary to the law. As per principle of State policy enshrined in Article 41 of the Constitution, the State is to provide assistance in old age. Hence, the Tribunal is of the view that non-inclusion of the parents i.e. mother and father who are wholly dependent on the deceased GDSMD as "dependent family member" and the refusal of the Respondents to award merit points in favour of the Applicant and her husband as dependants of the deceased son was highly unjustified and hence their non-inclusion requires re-consideration. If the parents are wholly dependent on the deceased employee's earnings, it is proper for the Respondents to treat them as "dependent" family member and award appropriate merit points for that attribute. In the non-awarding of merit points for not having house/land, it is said that the family of the deceased is not having any such cultivable agricultural land. It is noted that the land which the house is situated was given to the family under IRDP Scheme of the Government. The Tribunal felt that while not granting any merit points to the Applicant for attribute "own agricultural land and house", the Respondents have adopted a pedagogic approach without understanding the purport of awarding merit point for the aforesaid attribute. The Respondents should have sent a Welfare Inspector to ascertain the pecuniary / indigent conditions of the family rather than resorting to mathematical exercise of awarding weightage system and washing off their hands that the Applicant cannot be considered as she has not secured relevant merit points. This pedantic approach defects the purpose of the scheme notified by DoP&T, dated 16-1-2013. The Respondents dealt with this case for compassionate appointment not in tune with the real objective of the scheme. The point that the Applicant belongs to lower strata of the society, being Scheduled Caste Community, the overall circumstances of the Applicant is to be considered rather than acting as "tally clerks" by assigning marks to the different attributes in a mechanical way. The Secretary to the Postal Department, (R-1) and Chief Postmaster-General (R-2) could have exercised their discretion in appropriate cases.

UPS

In a case where the parents are depending upon their unmarried son for their survival without any other source, the awarding marks under weightage system should be realistic and washing off the hands without any consideration of the plight of his/her parents when the employee died is unrealistic. A realistic approach is needed for compassionate appointment under such a situation. Deletion of parents from the dependent list of deceased employee is very unrealistic and such a list need inclusion of dependent parents for the purpose of compassionate appointment — This chunk pertains to the case where a mother is seeking compassionate appointment following her son's death, who was employed as Gramin Dak Sevak Mail Deliverer (GDSMD). The Tribunal discusses the ... — Facts: The applicant, herein, is the mother of one Shri Rajesh Krishnan who worked as Gramin Dak Sevak Mail Deliverer (GDSMD for short) and died after a short period as GDSMD on 9-7-2011. The Applicant asked for compassionate ground appointment to her as she states that, she and her husband has no other means to survive. But her request was negatived as she had obtained only 38 relative merit points below the minimum of 50 merit points required for appointment. Hence she filed this OA to reconsider her claim for compassionate appointment by allowing the appropriate marks on various attributes and appoint her as GDSMD, Melampara Office as expeditiously as possible. The main point of the Respondent is that, mother and father of the deceased employee is not considered as "dependent family members" as per definition of the term "dependant in DoP&T Scheme on compassionate appointment notified on 16-1-2013. The Tribunal considered the points. The Applicant and her family members belong to Scheduled Caste Community. It is the duty of the son to look after his parents to provide them care and protection as his dependants. When the employee acquires a family, he has to look after them also In the wake of "The Maintenance and Welfare of Parents and Senior Citizens Act, 2007", it is the obligation of every son/daughter to look after their parents who are unable to maintain themselves. As per code of Criminal Procedure, 1973, it is the duty to maintain their parents who are unable to maintain themselves and if they fail action can be initiated as per Criminal Procedure, 1973. Non-inclusion of father and mother who are wholly dependent on the deceased employee seems to be contrary to the law. As per principle of State policy enshrined in Article 41 of the Constitution, the State is to provide assistance in old age. Hence, the Tribunal is of the view that non-inclusion of the parents i.e. mother and father who are wholly dependent on the deceased GDSMD as "dependent family member" and the refusal of the Respondents to award merit points in favour of the Applicant and her husband as dependants of the deceased son was highly unjustified and hence their non-inclusion requires re-consideration. If the parents are wholly dependent on the deceased employee's earnings, it is proper for the Respondents to treat them as "dependent" family member and award appropriate merit points for that attribute. In the non-awarding of merit points for not having house/land, it is said that the family of the deceased is not having any such cultivable agricultural land. It is noted that the land which the house is situated was given to the family under IRDP Scheme of the Government. The Tribunal felt that while not granting any merit points to the Applicant for attribute "own agricultural land and house", the Respondents have adopted a pedagogic approach without understanding the purport of awarding merit point for the aforesaid attribute. The Respondents should have sent a Welfare Inspector to ascertain the pecuniary / indigent conditions of the family rather than resorting to mathematical exercise of awarding weightage system and washing off their hands that the Applicant cannot be considered as she has not secured relevant merit points. This pedantic approach defects the purpose of the scheme notified by DoP&T, dated 16-1-2013. The Respondents dealt with this case for compassionate appointment not in tune with the real objective of the scheme. The point that the Applicant belongs to lower strata of the society, being Scheduled Caste Community, the overall circumstances of the Applicant is to be considered rather than acting as "tally clerks" by assigning marks to the different attributes in a mechanical way. The Secretary to the Postal Department, (R-1) and Chief Postmaster-General (R-2) could have exercised their discretion in appropriate cases.

Original Rule Text

Original Rule Text