Prince Deep Sahu vs DEFENCE on 6 November 2026

O R D E R

In the present original application, the applicant is claiming appointment on compassionate grounds on account of death of his father late Surendra Kumar Sahu on 04.10.2015.

2. The facts, as narrated in the OA, are that after the death of father of the applicant, his mother applied for appointment on compassionate grounds in her favour as he was minor at that point of time. The respondents rejected the same vide order dated 09.12.2017. Thereafter, his mother filed OA No. 138/2018 wherein she filed an MA No. 191/2019 to include the applicant in cause title and to consider him for compassionate appointment. The said amendment was allowed by the Tribunal and vide order dated 22.03.2023 the OA No. 138/2018 was disposed of with direction to the applicant file a fresh representation. Accordingly, the applicant has filed representation dated 05.04.2023. However, the respondents upon consideration of the said representation vide order dated 20.06.2023 have deferred the claim of the applicant on the ground that subsequent to corporation of erstwhile Ordnance Factory Board, the policy for compassionate appointment is yet to be formulated. Therefore, the decision for compassionate

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appointment will be taken after receipt of policy directives on the matter.

3. The learned counsel for the applicant has stated that the reasons assigned by the respondents in the order dated 20.06.2023 is untenable and unjustified. In the absence of any express legal embargo or clear notification debarring compassionate appointments post-corporatization, there is no justification to withhold a decision on the applicant’s claim. Learned counsel for the applicant has submitted that the case of the applicant should have been considered in accordance with the policy applicable at the time of death of the deceased employee and the matter cannot be kept in limbo. The learned counsel for the applicant has also cited several judgments of Hon’ble Apex Court to support her contentions. She has also relied upon the order dated 10.01.2025 passed by this Tribunal in OA No. 286/2022 – Rataj Tiwari Vs. UOI & Ors and submitted that direction may be issued to the respondents to consider the claim of the applicant on priority basis whenever the new policy related to compassionate appointment is made.

4. Per contra, the respondents have file their reply stating therein that consequent to corporatization of all the production as

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well as non-production units of the Ordnance Factory Board, the management, control, operations and maintenance of the Ordnance Factory, Jabalpur has been transferred to Chairman and Managing Director, Yantra India Limited and the OFB has been dissolved w.e.f. 01.10.2021. Therefore, all the employees of the erstwhile OFB posted in various production and non-production units were transferred to the newly created DPSUs on deemed deputation. Further the Department of Defence Production vide O.M dated 24.09.2021 had decided to form the Directorate of Ordnance (Coordination & Services) as a replacement to the OFB Headquarter. Referring to the above O.M, the learned counsel for the respondents has stated that the Directorate of Ordnance (C&S), Kolkata vide letter dated 01.11.2023 (Annexure R-1) has intimated that after corporatization of erstwhile OFB, the issue of compassionate appointment is under consideration in the Ministry of Defence.

5. Heard both the learned counsel for the parties, perused the pleadings and also considered the rival submissions.

6. From perusal of the record, it is evident that the case of the applicant has been considered and has been kept pending as the matter providing compassionate appointment of the dependent

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family members of the deceased employee after corporatization is under consideration at the Ministry level. Therefore, the respondents are directed to finalize the policy relating to providing appointment on compassionate grounds to the dependent family members of the deceased employees of erstwhile OFB within a period of three months from the date of receipt of certified copy of this order and take a suitable decision in the case of the applicant within two months after the finalization of the policy under intimation to the applicant forthwith.

7. With the above directions, the OA. No. 735/2025 is disposed of. Pending MAs, if any, also stand disposed of accordingly.

8. There shall be no order as to costs.

(Mallika Arya)

Administrative Member Anand…

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