Meenu Tyagi vs. Commissioner , Goods And Service Tax And Ors.

Facts

The Petitioner, Meenu Tyagi, seeks compassionate appointment in place of her deceased husband, Head Constable Anil Kumar Tyagi, who died in harness on 13.11.2016. She applied for compassionate appointment on 05.06.2018. The respondents' affidavit states that the Petitioner's application was processed and placed before the Screening Committee in 2019. However, her case could not be considered as she was only 8th class pass and lacked the minimum essential qualification of 10th class pass for the post of Havaldar. The Petitioner subsequently passed her High School examination and informed the respondent on 08.07.2020. The respondents further stated that vacancies for compassionate appointment were 'NIL' for the years 2021 and 2022, and no vacancy occurred in 2024. The Petitioner is at Serial No. 10 in the list of applicants.

Held

The Court disposed of the writ petition with a direction to the Respondents to consider the Petitioner's case for compassionate appointment in accordance with the Consolidated Instructions issued by DoPT OM dated 16.01.2013. This consideration is to be done as and when the Screening Committee is convened upon the arising of vacancies in the post of Havaldar. The Court noted the Petitioner's position at Serial No. 10 in the list of applicants and also the possibility of her merit position under the weightage system being considered. The Petitioner retains the liberty to pursue further legal remedies if any grievance persists. The Court did not explicitly decide on the Petitioner's eligibility in the absence of immediate vacancies but directed consideration when vacancies arise.

Key Issues

1. Whether the Petitioner is eligible for compassionate appointment in the absence of immediate vacancies in the post of Havaldar, considering her initial lack of qualification and the subsequent introduction of a merit point system. Petitioner's Contention: The Petitioner seeks compassionate appointment and has approached the court due to financial crisis. She has since acquired the necessary educational qualification. Respondents' Contention: Compassionate appointments are governed by DoPT OM dated 16.01.2013 and can be made up to 5% of direct recruitment vacancies. The Petitioner was initially unqualified for the post of Havaldar. Subsequent meetings of the Screening Committee did not have vacancies for the Havaldar post. A revised procedure with a merit point system was introduced on 15.05.2019. Terminal benefits and family pension have been released to the Petitioner. Her case will be considered as and when vacancies arise, and she is at Serial No. 10 in the applicant list.