Rajasthan High Court
The Commissioner vs Dharmender Sharma S/O (Late) Shri ... on 16 August, 2021
Bench: Sabina
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition No. 10489/2020
1. The Commissioner, Kendriya Vidyalaya Sangathan - 18,
Institutional Area, Shaheed Jeet Singh Marg, New Delhi -
110016
2. The Joint Commissioner, Kendriya Vidyalaya Sangathan -
18, Institutional Area, Shaheed Jeet Singh Marg, New
Delhi - 110016
3. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan, 92, Gandhi Nagar Marg, Bajaj Nagar, Jaipur -
302015, Rajasthan
4. The Assistant Commissioner, Kendriya Vidyalaya
Sangathan, 92, Gandhi Nagar, Bajaj Nagar, Jaipur -
302015 Rajasthan
----Petitioners/Non-Applicants
Versus
1. Dharmender Sharma S/o (Late) Shri Bhagwan Sahai
Sharma, Ex-Laboratory Asstt, R/o Out Side Hajuri Gate,
Near Sagar Ka Mora, Alwar, Rajasthan.
Respondent/Applicant
2. Shri R.M. Amit S/o (Late) Shri S.R. Yadav, VP, KV, Army
Area, Pune C/o Kendriya Vidyalaya Sangathan - 18,
Institutional Area, Shaheed Jeet Singh Marg, New Delhi -
110016
3. Shri Rahul Yadav S/o (Late) Shri S.R. Yadav, VP, KV, Army
Area, Pune C/o Kendriya Vidyalaya Sangathan - 18,
Institutional Area, Shaheed Jeet Singh Marg, New Delhi -
110016
4. Shri Amit Nigam S/o Shri P.B. Nigam, Ex-LDC, KVS, Ro-
Bhopal, C/o Kendriya Vidyalaya Sangathan - 18,
Institutional Area, Shaheed Jeet Singh Marg, New Delhi -
110016
5. Shri Dimple Verma S/o (Late) Shri Om Prakash, Ex-Lab
Attdt., K.V. No.1, Amritsar, C/o Kendriya Vidyalaya
Sangathan - 18, Institutional Area, Shaheed Jeet Singh
Marg, New Delhi - 110016
(2 of 7) [CW-10489/2020]
6. Shri Pradeep Patangia S/o (Late) Shri Humeswar
Patangia, Ex-Lab Attdt, K.V. No. 1, Tezpur, C/o Kendriya
Vidyalaya Sangathan - 18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi - 110016
7. Shri G. Dheeraj S/o (Late) Shri G. Suresh, Ex-Asstt, KV,
DRDO, Bangalore, C/o Kendriya Vidyalaya Sangathan -
18, Institutional Area, Shaheed Jeet Singh Marg, New
Delhi - 110016
8. Shri Kamal Shit S/o (Late) Shri Sushen Chandra Shit, Ex-
Lat Attdt., KV, Kipatoli, Ranchi, C/o Kendriya Vidyalaya
Sangathan - 18, Institutional Area, Shaheed Jeet Singh
Marg, New Delhi - 110016
9. Miss Kavita Upadhayay D/o (Late) Shri Subhas Chandra
Upadhyay, Ex-Prt, KV, Bhandup, C/o Kendriya Vidyalaya
Sangathan - 18, Institutional Area, Shaheed Jeet Singh
Marg, New Delhi - 110016
10. Shri Nomolesh Daimary S/o (Late) Shri S.P Daimary, Ex-
Lab Attendant, KV Kokrajhar, C/o Kendriya Vidyalaya
Sangathan - 18, Institutional Area, Shaheed Jeet Singh
Marg, New Delhi - 110016
11. Miss Vaishali Ahirwar D/o Sh. P.D. Ahirwar, Ex-Pet, KV
No1, Jhasi Cantt. C/o Kendriya Vidyalaya Sangathan - 18,
Institutional Area, Shaheed Jeet Singh Marg, New Delhi -
110016
12. Miss M. Kavita D/o (Late) Shri A. Malaikkallan, Ex-Lab
Attdt., KV, AFS, Madambakkam Camp, C/o Kendriya
Vidyalaya Sangathan - 18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi - 110016
----Proforma Respondents/Non-Applicants
For Petitioner : Mr. Krishna Verma Advocate.
For Respondent No. : Mr. Brajesh Kumar Jatti Advocate.
1.
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
16/08/2021
(3 of 7) [CW-10489/2020]
Petitioners have filed the petition challenging order
dated 27.05.2019 passed by Central Administrative Tribunal,
Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal'),
whereby, original application filed by Respondent No. 1 was
allowed.
Learned counsel for the petitioners has submitted that
the Tribunal has erred in allowing the original application filed by
Respondent No. 1 as the case of Respondent No. 1 had been duly
considered by the petitioners for compassionate appointment and
had been rejected vide Office Memorandum dated 21/27.08.2012.
Case of Respondent No. 1 could not be considered for
compassionate appointment in the year 2011 as he had not
submitted any application in the said year for his consideration for
compassionate appointment.
Learned counsel for Respondent No. 1 has opposed the
petition and has submitted that father of Respondent No. 1 had
died while in service on 17.09.1999 leaving behind his widow, six
daughters and two sons. Respondent No. 1, being the eldest son
of the deceased, had applied for grant of appointment on
compassionate basis on 05.10.1999. However, Respondent No. 1
had not been granted appointment on compassionate basis in the
year 2011 because case of Respondent No. 1 was not considered
for appointment on compassionate basis, whereas, the persons
having less weightage marks were offered appointment on
compassionate basis.
Late Bhagwan Sahai Sharma was working as
Laboratory Assistant with the petitioners at Alwar. Bhagwan Sahai
Sharma died while in service on 17.09.1999. Respondent No. 1,
being the eldest son of the deceased, sought appointment on
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compassionate basis and moved an application on 05.10.1999.
However, request of Respondent No. 1 was turned down by the
Commissioner vide letter dated 21.08.2000.
Respondent No. 1 approached the Tribunal by way of
Original Application No. 471/2000 and the same was allowed vide
order dated 23.04.2001. Petitioners were directed to consider
request of Respondent No. 1 for appointment on compassionate
basis against 5% of 53 Group D vacancies available in the
department. However, claim of Respondent No. 1 was rejected
vide Office Memorandum dated 18.09.2001. Respondent No. 1
again approached the Tribunal and his original application was
allowed vide order dated 26.11.2002. Order passed by the
Tribunal was upheld by this Court in a writ petition preferred by
the present petitioners.
Petitioners approached the Hon'ble Supreme Court and
it was averred that they have abolished the system of direct
recruitment of Group D employees in Kendriya Vidyalaya
Sangathan because of outsourcing of certain services. Appeal
filed by the petitioner was allowed by the Hon'ble Supreme Court
vide judgment dated 14.09.2007. While disposing of the appeal,
it was observed by the Hon'ble Supreme Court as under:
"7. Therefore, the decision by CAT as affirmed by
the High Court cannot be maintained. However, it is
made clear if at any point of time KVS wants to
adopt any compassionate appointments scheme and
intends to make appointments in Group D posts, the
case of the respondent shall be duly considered.
We make it clear that we have not expressed any
opinion as to the eligibility or otherwise of the
respondent. That is for KVS to decide."
It was the case of Respondent No. 1 that in September,
2012, he received Memorandum dated 21/27.08.2012 from the
petitioners that his case had been considered for appointment on
(5 of 7) [CW-10489/2020]
compassionate basis along with other candidates in a meeting
held on 07.05.2012, but his claim could not be granted in view of
Circular of the Government of India, Ministry of Communication
and IT (Department of Post) dated 20.01.2010.
In an application filed by Respondent No. 1 under Right
to Information Act, 2005 on 01.10.2014, it came to his notice that
he had secured 37 weightage points, whereas, candidates namely
Shri R.N. Amit, Shri Rahul Yadav, Shri Amit Nigam, Shri Dimple
Verma, Shri Pradeep Patangia, Shri G. Dheeraj, Shri Kamal Shit,
Ms. Kavita Upadhayaya, Shri Nomolesh Daimary, Miss Vaishali
Ahirwar and Ms. M. Kavita, who had secured less than 37
weightage points, had been offered appointments. Moreover, case
of Respondent No. 1 had not been considered in the year 2011
and the persons, who were having less weightage points, had
been given appointments.
A perusal of judgment dated 14.09.2007 passed by the
Hon'ble Supreme Court shows that direction was given to the
petitioners that in case at any stage, they wanted to adopt any
compassionate appointments scheme in Group D Posts, then case
of Respondent No. 1 shall be duly considered. However, case of
Respondent No. 1 was not considered in the year 2011.
Argument raised by learned counsel for the petitioners
that Respondent No. 1 had not moved any application seeking
appointment on compassionate basis is without any basis as
Respondent No. 1 had moved an application before the petitioners
soon after the death of his father. Rather, direction had been
given by the Hon'ble Supreme Court that the case of Respondent
No.1 shall be duly considered as and when the petitioners want to
(6 of 7) [CW-10489/2020]
adopt any compassionate appointments scheme vis-à-vis Group
D Posts.
There is also no dispute that Respondent No. 1 had got
37 weightage points. Admittedly, the candidates at Serial No. 11,
12, 13, 21, 23, 29, 30, 31, 34 and 35, whose names are depicted
in the list of candidates and whose cases were considered in the
year 2011, had secured less weightage points than Respondent
No. 1. Petitioners have taken up the plea that case of Respondent
No. 1 was forwarded by the Deputy Commissioner, Kendriya
Vidyalaya Sangathan, Jaipur on 10.02.2012 and it was received in
their office on 21.02.2012 and by that time, meeting on
13.05.2011 had already taken place. Consequently, case of
Respondent No. 1 could not be taken up by the Committee on
13.05.2011. This plea of the petitioners has been rightly rejected
by the Tribunal. Respondent No. 1 had been agitating his case
immediately after the death of his father in the year 1999 and had
approached the Tribunal on two earlier occasions. The matter had
travelled up to the Hon'ble Supreme Court and a direction had
been given by the Hon'ble Supreme Court that the case of
Respondent No. 1 be considered for appointment on
compassionate basis in case the petitioners adopt any
compassionate appointments scheme vis-à-vis Group D Posts.
Hence, the petitioners were liable to consider the case of
Respondent No. 1 in its meeting held on 13.05.2011.
In the facts and circumstances of the present case,
learned Tribunal rightly allowed the original application filed by
Respondent No. 1 by directing the petitioners to process the case
of Respondent No. 1 for offering him appointment on the post of
Sub-Staff (previously classified as Group D Post) and after
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determining his eligibility to hold the post, to make an offer of
appointment to him.
No ground for interference is made out.
Dismissed.
Pending applications stand disposed of.
(CHANDRA KUMAR SONGARA),J (SABINA),J
MANOJ NARWANI /26
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