Tri HC | There is a duty to make a clean disclosure while applying for compassionate appointment; Court dismisses petition

Tripura High Court

Tripura High Court: The Division Bench of Akil Kureshi, CJ. and S.G. Chattopadhyay, J., dismissed a petition which challenged an order passed by the Central Administrative Tribunal, Guwahati, dismissing the original application.

Mother of the petitioner was an employee of the Accountant General(Audit), Tripura, Agartala and she died while in service on 25-01-2013, leaving behind the petitioner, his elder brother and daughter. The petitioner had applied for appointment on compassionate ground which was rejected by the department on the ground that at the time of death the petitioner was already married. However, subsequently, the case of the petitioner was reopened and reconsidered. However, the request was again denied on the ground that the family of the deceased had one earning member.

The petitioner thereupon approached the Central Administrative Tribunal. His original application was rejected mainly on the ground that the purpose behind giving compassionate appointment was to provide urgent financial assistance to a family left in distress and in the present case, the Government servant having expired long back, such purpose would not be fulfilled. Thus, the current petition was filed.

The Court was of the view that in facts of the present case they are not inclined to entertain this petition as records say that petitioner was aged about 33 years at the time of the death of his mother and was already married and the family had one member who was holding a permanent post in the department of Accountant General which was not disclosed while seeking compassionate appointment.

The Court dismissed the petition holding that the petitioner had a duty to make a clean disclosure about the survivors left behind by the deceased.[Babu Dhanuk v. Union of India, 2021 SCC OnLine Tri 495, decided on 28-09-2021]


Suchita Shukla, Editorial Assistant has reported this brief.


Advocates:

For Petitioner(s): Mr Pradyot Maishan

For Respondent(s): Mr Biswanath Majumder, C.G.C.

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