Union Of INDIA, Ministry Of Mines vs. Syed Ashfaq Ahmed
Facts
The Union of India, Ministry of Mines (Petitioner) filed a Writ Petition challenging an order dated April 25, 2012, passed by the Central Administrative Tribunal (CAT), Hyderabad Bench. The CAT had allowed Original Application (O.A.) No. 527 of 2011, directing the Petitioner to appoint the Respondent, Syed Ashfaq Ahmed, on compassionate grounds. The Respondent's father had expired on July 7, 2003. The High Court initially suspended the CAT's order on September 17, 2012. The present hearing took place in 2022, more than two decades after the Respondent's father's death.
Held
The High Court allowed the Writ Petition. The Court observed that the matter had been pending for over two decades since the death of the Respondent's father. Given this significant passage of time, the Court held that it was no longer in a position to grant a direction for compassionate appointment. The reasoning was that the purpose of compassionate appointment is to provide immediate financial relief to a family in distress, and after such a long period, the urgency and the original intent of the policy would be defeated. Therefore, the Court found it impossible to grant any effective relief to the Respondent at this stage. The operative direction was to allow the Writ Petition, thereby setting aside the CAT's order.
Key Issues
1. Whether the High Court can direct the Petitioner to consider the Respondent for compassionate appointment after a significant efflux of time, specifically more than two decades since the death of the Respondent's father? Petitioner's Argument: The Petitioner contended that due to the considerable delay (over two decades) since the death of the Respondent's father, it is no longer feasible or appropriate to grant the relief of compassionate appointment. They argued that the passage of time has rendered the original purpose of compassionate appointment, which is to provide immediate succor to a family facing financial hardship due to the death of its earning member, moot. Respondent's Argument: The Respondent argued that the CAT had rightly considered his case and directed compassionate appointment. While the judgment does not explicitly record the Respondent's arguments at the High Court stage, it is implied that he sought to uphold the CAT's order and sought the relief of compassionate appointment.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Original Juri iction) WEDNE AY, THE NINETEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI THE HON'BLE SRI JUSTICE #,OOUO*O'U RAJESHWAR RAO WRIT PETITIO N NO: 29,156 0F 2012 AND 1 Between: l Union of rndia' Ministry of Mine-s, Represented by its secretary, Department of Mines, Shastry Bhawdn, New oelfri_itO Ooil- -' 2 The Deputy Director Generar, Georogical survey of rndia, southern Region, GSI Comptex, Bandlaguda, HyOerafa"a _-SO-O b6a ...PETITIONERS Syed Ashfao Ahmed. S/o Late^ Qyed_ younus, Muslim, Aged 33 years, occ: U.n-employe6, R/o H.No. zs i:liz, -s;ii;h "'sh;iir, Moghatpura, Near Mashakisha Masjid, Hyderabad. ....RESPONDENT/,APPLICANT
Smt.. N La.valy-q, _Wo Late N. Ravinder, Aged about 28 years, Occ: employee Rio GSl, Bandlaguda, Hyderabad. '
Smt.. [r/1. Umade_vi, -Wio Late M. Gandaiah, Aged about 53 years, Occ: employee R/o GSl, Bandlaguda, HVOeiaOiO. ' o 8[to"s,l3,Tl?;d,H:: hi:?gr]sgaraj' Aged about 35 Years' occ: emprovee
Md. Azam, S/o Late,Md. lbrahim, Aged about 22.years, Occ: employee GSl, Bandlaguda, Hyderabad. (R-3 to R-5 impteaded vide MA.
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