CAT expresses displeasure over tardy approach, urges adherence to SC’s mandate

Srinagar, Feb 12: The Central Administrative Tribunal (CAT) in Srinagar has expressed its anguish over the government's “tardy” approach to deal with compassionate appointment matters even as it urged the government to decide such matters in tune with the mandate of law laid down by the Supreme Court (SC).

“This court would like to express its displeasure and anguish, the way such matters are being dealt with by the respondents,” a bench of M S Latif Member (J) said while hearing a plea related to compassionate appointment.  The tribunal observed that it has become expedient in the interest of justice and in order to uphold the mandate of the Apex Court as delivered in the case of Malaya Nanda Sethy v. State of Orissa passed in Civil Appeal no. 4103/2022 delivered on May 20, 2022 to serve a copy of the said judgment upon the Chief Secretary of the UT of J&K. The tribunal said in its judgement, the apex court has observed that "the object and purpose of appointment on compassionate grounds have to be achieved and in such cases it is just necessary that such applications are considered well in time and not in a tardy way".

The top court has further noted that "cases have come across in the Courts where for nearly two decades, the controversy regarding the compassionate appointments are not resolved, which consequently leads to the frustration of the very policy of granting compassionate appointment on the death of the employee while in service".

The Court has further underscored that "the consideration in compassionate cases must be fair, reasonable and based on relevant considerations and such applications cannot be rejected on the basis of frivolous and for reasons extraneous to the facts of the case. It is then only the object and purpose of compassionate appointment can be achieved, if such cases are resolved expeditiously".

The tribunal, accordingly, directed its registry to serve a copy of  the apex court’s  judgment to the Chief Secretary in order to facilitate the disposal of such matters in tune with the mandate of law as laid down by the top Court.

It asked the Chief Secretary to send a copy of the judgement of the Supreme Court to all the Administrative Departments of the UT of J&K. The tribunal was hearing a case titled Gulzar Ahmad Malla versus Home department. It granted the Government advocate one mercy chance of ten days to file his reply.