The High Court directs the Railway authorities to reconsider the petitioner’s application for compassionate appointment, acknowledging the family's financial distress and lack of awareness of the rules.
In a significant decision, the Andhra Pradesh High Court has overturned a Central Administrative Tribunal order that rejected a compassionate appointment application due to a delayed submission. The Division Bench, comprising Justices Cheekati Manavendranath Roy and Tuhin Kumar Gedela, ordered the Union of India and other respondents to reconsider the application of Bora Narayanamma within three months.
The case arose when the petitioner, the daughter of the deceased railway employee B. Ramulu, applied for a compassionate appointment following her father's voluntary retirement due to medical reasons. Despite the application being submitted five years post-retirement, the court recognized the petitioner’s financial challenges and a lack of awareness of the relevant railway rules.
The petitioner’s father, B. Ramulu, retired in 2000 after being medically de-categorized. His family, including three unmarried daughters and two sons, depended on his modest pension. The petitioner highlighted the family’s ongoing financial distress, exacerbated by the mental health expenses of her elder brother and other family tragedies.
The Tribunal initially dismissed the application citing a lapse in the stipulated five-year period for compassionate appointment applications. However, the High Court emphasized that the delay was not inordinate, given the family's circumstances and unawareness of the rules.
In its ruling, the High Court underscored the importance of compassionate appointments as a mechanism to alleviate financial hardship following an employee's demise. The court noted that the initial authorities recognized the petitioner’s financial distress and recommended her case to the General Manager, but the application was rejected without due consideration of these factors.
The court’s decision mandates the Railway authorities to objectively assess the financial conditions and other relevant circumstances of the petitioner’s family before making a final determination. This judgment reinforces the judiciary's role in ensuring that compassionate appointment schemes fulfill their intended purpose of providing relief to bereaved families.
This ruling is expected to have wider implications for similar cases where procedural delays may have hindered the objectives of compassionate appointments.
Bottom Line:
Compassionate appointment - Delay in application - Delay of five years in making the application after the voluntary retirement cannot be considered inordinate if explained properly - Competent authority must consider financial distress and circumstances of the family while deciding compassionate appointment requests.
Statutory provision(s): Article 39 of the Constitution of India, Railway Board's Letter No.E(NG)III-78/RC/1/1, RBE No.106 of 2004, RBE No.78/2006.
Bora Narayanamma v. Union of India, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2838101
