CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD (TELANGANA)
NO. 5-10-193, 1ST FLOOR, HACA BHAVAN,HYDERABAD - 500004
Order Sheet
Item No: 4
O.A./163/2017
[ COMPASSIONATE APPOINTMENT ]
Court No.: 1
No of Adjournment:
Dated: 03/03/2017

P MALLIKARJUNA
Vs
DEPT OF POSTS

FOR APPLICANTS(S) Advocate :
B GURUDAS

FOR RESPONDENT(S) Advocate :
T HANUMANTHA REDDY


DAILY ORDER

Notice before admission.

Mr. Bhim Singh, representing Mr. T. Hanumantha Reddy, Sr. P.C. takes notice for the respondents.

In the present O.A. applicant has challenged the action of respondents in rejecting his claim on the ground that revised provisions will be given effect from the date of issue of the instructions in respect of those cases considered in CPCs held after 17.12.2015 and cases already settled before 17.12.2015 need not strictly be opened. 

Heard the preliminary arguments. 

It appears that the order of this Court passed on 28.07.2016 in O.A. 982/2013 directing the CRC to reconsider the case of the applicant for compassionate appointment within four weeks from the date of receipt of a copy of that order, was not considered in its true spirit.  This  is evident from the fact that the respondents  rejected the applicant's candidature as per the extant guidelines dated 10.6.2016 and that cases of compassionate appointment which have already been decided will not be re-opened.  On the face of it, the impugned order  runs contrary to the directions given by this Tribunal in OA supra. 

It is pertinent to note that in the instant case the applicant's case was considered by CRC in 2013  according to the then existing rules.   The applicant filed  O.A. 982 in 2013 challenging the respondents action in rejecting his claim on the ground that he secured 36 points only against the minimum requirement of 51 points.  The OA 982/2013 was disposed of by this Tribunal on 28.7.2016 directing the respondents to reconsider his case in the light of the revised merit points notified vide DoP notification dated 17.12.2015.    In view of the above position.  I am inclined to grant  the following interim order in the present O.A:-

"Respondents are directed to maintain status quo i.e., to continue the temporary arrangement of the applicant as GDS MD, Upperpalle BO till such time they file their reply statement."

Post the matter on 7.4.2017.







Ranjana Chowdhary
Member (A)