1 2025:CGHC:8587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8849 of 2023 1 - Abhay Kumar Joshi S/o Late Shri Jagendra Kumar Joshi Aged About 30 Years R/o L-95, Yadunandan Nagar, Tifra, Bilaspur, District Bilaspur (C.G.) ... Petitioner versus 1 - Union Of India Through The Secretary, Ministry Of Defence, Government Of India, New Delhi. 2 - The General Manager Bharat Earth Movers Limited (B.E.M.L.), Schedule 'a' Company Under Ministry Of Defence, Govt. Of India, Beml Soudha, 23/1, 4th Maini, S R Nagar, Bangalore 560027 3 - The Regional Manager B.E.M.L., Regional Office, Bilaspur, 1-A, Industrial Area Sirgitti Sector-C, Bilaspur, District Bilaspur (C.G.) 495223 ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Vinod Kumar Sharma, Advocate For Respondent No.1 : Mr. Tushar Dhar Diwan, Central Government counsel/UOI For Respondent No.2 & 3 : Mr. Mahesh Mishra, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.28 16:21:55 +0530 2 19/02/2025 1. Heard Mr. Vinod Kumar Sharma, Advocate, learned counsel for the petitioner. Also heard Mr. Tushar Dhar Diwan, learned Central Government counsel for respondent No.1/UOI and Mr. Mahesh Mishra, learned counsel for the respondents No. 2 & 3. 2. By way of this petition, the petitioner has prayed for following relief/s : “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/ order, thereby setting- aside/quashing the impugned order dated 05.05.2023 and 23.05.2023 (Annexure P/1) and further be pleased to direct the respondent authorities to reconsider the claim of petitioner for grant of compassionate appointment, by considering the poor financial condition of petitioner, within stipulated period. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Brief fact of the case is that the petitioner's father namely Jagendra Kumar Joshi was working under the respondent No. 1 department on the post of Parts Assistant (Group-D) and he was posted in Regional Office, Bilaspur. During his service tenure, the petitioner's father died on 12.03.2009 on account of Renal Failure. It is submitted that at the time of death of his father, the petitioner was minor and immediately after attaining the age of majority, the petitioner applied before the respondent authority for grant of 3 compassionate appointment in the year 2012.(ANNEXURE P/2), however, after lapse of more than 10 years from the date of filing application, vide impugned orders dated 05.05.2023 and 23.05.2023 the respondent No. 2 has rejected the claim of petitioner for grant of compassionate appointment by assigning the reason that there is no vacancy in Group-C & D and further the petitioner's father was not died while in duty, therefore the petitioner is not entitled to get an appointment on compassionate ground. it is submitted that the petitioner applied under Right to Information Act for supply of information in respect of recruitment on compassionate ground for the period from 2009 to 2023 and vide letter dated 18.05.2023, the Assistant General Manager (HR), Central Public Information has informed that between 2009 to 2023, 78 numbers persons have been recruited under compassionate appointment. It is submitted that the claim of the petitioner has been rejected on vague and untenable grounds, whereas at the same time, the respondent authorities have recruited 78 personnel under compassionate appointment. Further vide letter dated 02.08.2023, the BEML Limited has provided information under RTI Act to the petitioner regarding persons who have given compassionate appointment for the period from year 2010 to 2017. Earlier the petitioner had preferred writ petition bearing Writ Petition (S) No. 3984 of 2023 before the Hon'ble Court, which was dismissed as withdrawn by the Hon'ble Court by order dated 30.06.2023 with liberty to approach before 4 appropriate forum for redressal of his grievance. (ANNEXURE P/5). 4. Learned counsel for the petitioner submits that the application for grant of compassionate appointment has not been decided, though the application was filed on 19.12.2012, now the petitioner has obtained the list of organizations brought within the purview of Central Administrative Tribunal, in which, the BEML Limited is not enlisted, therefore the petitioner has no remedy before the Central Administrative Tribunal. 5. Learned counsel for the respondents have not opposed the arguments advanced by learned counsel for the petitioner. 6. In view of the above, learned counsel for respondent No.2 and 3 are directed to decide the application filed by the petitioner within four weeks from the date of production of copy of this order and the decision shall be communicated to the petitioner forthwith and a copy of the same be furnished before the Registrar Judicial of this Court. 7. It is made clear that the petition was not heard on merits. 8. Accordingly, this petition stands disposed of with aforesaid observations and directions. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi