Shashi Kala Mishra vs POST UP CIRCLE on 6 November 2026

1. Shashi Kala Mishra, aged about 50 years, W/o Late Sri Rajesh Kumar Mishra, R/o Newada Kala, Packauli Bazar, Ambedkar Nagar – 224149.

2. Arpan Mishra, aged about 18 years, S/o Late Sri Rajesh Kumar Mishra, R/o Newada Kala, Paekauli Bazar, Ambedkar Nagar – 224149. ……Applicants

By Advocate: Shri Praveen Kumar

VERSUS

1. Union of India through Chief Post Master General, UP Region, Lucknow.

2. The Superintendent of Post Office, Ayodhya Division, Ayodhya.

…..Respondents By Advocate: Smt. Prayagmati Gupta

ORDER (ORAL) Per Hon’ble Mr. Pankaj Kumar, Member-Administrative In this case relating to appointment on compassionate grounds, the applicants have sought following reliefs: “(i) To quash the impugned order dated 09.10.2025 (contained as Annexure No A-1 to this OA), with all consequential benefits.

(ii) To appoint the applicant no. 2 on a suitable post on compassionate ground, with all consequential benefits.

(iii) Any other relief, which this Hon‟ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.

(iv) Cost of the present case.”

2. The facts of the case are that the husband (Rajesh Kumar Mishra) of applicant no. 1 died in harness on 23.10.2022 while working on the post of Gramin Dak Sevak (GDS) under the respondents.

Following his demise, applicant no. 1 applied on 27.12.2022 to the respondents for appointment on compassionate grounds of her son Arpan Mishra, who was 16 years old at that time, and seeking exemption for two years till he attained the age of 18 years and further stating that she was suffering from cancer and that family’s financial condition was precarious. However, the respondents rejected the applicants’ case vide order dated 09.10.2025. Aggrieved, the applicants have preferred this OA.

3. The applicants contend that the application for compassionate ground was submitted on 27.12.2022, but the respondents have rejected their case citing provisions contained in paragraphs 10 and 11 of their guidelines dated 14.06.2023 which came into existence after the application was made. They further contend that they were never informed that they must apply within 2 years or their request would not be acceptable.

4. The respondents state that Rajesh Kumar Mishra, GDS, was due to retire on 30.06.2042, but he died on 23.10.2022 leaving behind his wife (applicant no. 1), two daughters and one son (applicant no. 2); that applicant no. 1 submitted application dated 27.12.2022 for engagement of applicant no. 2 on compassionate grounds and seeking exemption for two years as applicant no. 2 was only 16 years old; that the said application was referred by respondent no. 2 to respondent no. 1 vide letter dated 09.01.2023; that applicant no. 1 submitted application dated 03.04.2025 to respondent no. 2 as applicant no. 2 had attained 18 years of age on 24.03.2025; and that further documents were sought regarding the applicants’ case which were submitted by SDI South Akbarpur vide letter dated 21.08.2025. They further state that instructions dated 30.12.2025 were issued regarding grant of one time relaxation for engagement as GDS on compassionate grounds in favour of dependents of deceased departmental employees/GDS who expired during the period from 01.01.2020 to 24.02.2025, but the applicant’s case could not be processed due to non-launch of APT 2.0 in the department’s CCE Portal. They contend that the applicants’ case has been rejected in terms of paragraphs 10 and 11 of the guidelines dated 14.06.2023 treating it as a belated claim in view of the fact that the applicant no. 1 deliberately submitted application seeking compassionate engagement in favour of her minor son even though her two daughters had attained the age of majority at the time of her husband’s death.

5. Heard both the parties. 6.1 It is not in dispute that applicant no. 1 submitted application on 27.12.2022 for engagement of applicant no. 2 on compassionate grounds when he would attain the age of 18 years. It is also not in dispute that the application dated 27.12.2022 was referred by respondent no. 2 to respondent no. 1 for granting exemption for a period of two years to enable the applicants to submit application on attainment of age of 18 years by applicant no. 2. Admittedly, applicant no. 1 submitted application on 03.04.2025 for engagement of her son (applicant no. 2) on compassionate ground stating that he had attained the age of 18 years on 24.03.2025. 6.2 It is noted that when the applicant no. 1 moved the initial application dated 27.12.2022, the guidelines dated 30.05.2017 were in force and there was no time limit prescribed for considering the case of compassionate engagement of dependent of deceased GDS and there was a provision for consideration of belated requests. The relevant provisions of the guidelines dated 30.05.2017 are extracted below: “8.Time limit for considering applications for compassionate engagements.

(a) Subject to instructions on the subject issued and amended from time to time, any application for compassionate appointment is to be considered without any time limit and decision taken on merit of each case. …

9. Consideration of belated requests

(a) As per para 8 (b) above, the family will be informed about the scheme and vacancies by the Department within 15 days from the date of death of the GDS. Request for compassionate engagement should be submitted within a reasonable time.

(b) Requests received after one year from date of death of the GDS will be considered as belated requests. Such cases should be recommended by the CCE only if the reasons given by the applicant are found to be genuine and convincing.” (emphasis supplied) It is observed that the application submitted by applicant no. 1 on 27.12.2022 was well within the time limit of one year from the death of GDS in terms of the scheme dated 30.05.2017 prevalent at that point of time. 6.3 Subsequently, the Department of Posts reviewed its instructions dated 30.05.2017 regarding engagement of dependents of deceased GDS on compassionate grounds and circulated a revised scheme titled „GDS (Compassionate Engagement) Scheme, 2023‟ vide letter dated 14.06.2023. Paragraphs 10 and 11 of the revised scheme dated 14.06.2023 relied upon by the respondents are quoted below: “10. Time limits for eligible dependents of deceased GDS for submission of application: -

(i) In case there is an eligible candidate in the family and wants to apply, he/she has to submit an application in all respects to IP/ASP of Sub Division/Unit at the earliest possible opportunity but not later than two years from the date of death of the GDS.

(ii) In case there is no one eligible family member in the family, such member can apply for compassionate engagement within two years of attaining the requisite eligibility criteria.

11. Belated requests: Any request for engagement on compassionate ground received after two years from the date of death of the GDS or two years of attaining the requisite eligibility criteria (in case non-availability of eligible dependent at the time of death) will be considered as belated request of which no cognizance will be taken by the Department.” (emphasis supplied)

It is evident from the above that in the guidelines dated 14.06.2023, the belated requests were defined as requests received from eligible member of family of deceased GDS after two years from the date of death of GDS, but an exception was provided in those cases where ineligible member of the family acquires the eligibility criteria later and applies within two years of attaining such requisite criteria. 6.4 The guidelines dated 14.06.2023 substantively modified the provision of guidelines dated 30.05.2017 relating to belated requests. The applicant no. 1 had submitted her request on 27.12.2022 seeking exemption in favour of applicant no. 2 which had been referred to respondent no. 1 for consideration by respondent no. 2. It is observed that as the guidelines dated 14.06.2023 had material implications for the applicants’ case, it was incumbent upon the respondents to bring such change to the notice of applicant no. 1 with reference to her application dated 27.12.2022 to afford her the opportunity of nominating an eligible member of the family for consideration of engagement on compassionate grounds. In rejecting the applicants’ case vide order dated 09.10.2025 without first communicating the changes made vide guidelines dated 14.06.2023 to applicant no. 1 to give her opportunity to nominate eligible member of the family, the respondents have failed to adhere to the principles of natural justice. In this view of the matter, the impugned order dated 09.10.2025 is bad in law and is liable to be set aside. 7.1 There is another aspect of the controversy which cannot be lost sight of. Though the respondents rejected the request of applicant no. 1 for engagement of applicant no. 2 on compassionate grounds vide impugned order dated 09.10.2025 on the ground that the request was belated, they have stated in the counter affidavit that guidelines have been issued on 30.12.2025 for grant of one-time relaxation to facilitate

the engagement as GDS on compassionate grounds to dependents of deceased departmental employees/GDS whose deaths occurred between 01.01.2020 to 24.02.2025. The guidelines dated 30.12.2025 providing for one-time relaxation issued by the Department of Posts are reproduced below: “Subject: One-time relaxation to facilitate the engagement as GDS on compassionate grounds to dependents of deceased Departmental Employees/GDS whose deaths occurred during between 01.01.2020 to 24.02.2025. Sir/Madam, This is regarding the provision of one-time relaxation to offer compassionate engagement to dependents of deceased Departmental Employees/GDS whose deaths occurred during the period from 01.01.2020 to 24.02.2025 (i.e., from commencement of Covid Period to the date from which the provision for engagement of dependents of regular employees as GDS on compassionate grounds has been introduced).

2. Based on the suggestions received from the stakeholders on the draft proposal on the above subject, circulated vide letter of even No. dated 31.07.2025, the competent authority has approved the scheme for the one-time provision to facilitate engagement of dependents of deceased Departmental employees/GDS whose deaths occurred during the period from 01.01.2020 to 24.02.2025, and the same is annexed as Annexure-I herewith, for taking further necessary action. Annexure-II to this OM contains the replies/comments to the queries/suggestions received from the Circles in response to the proposal for one-time relaxation (issued vide Directorate letter No. 19-19/2024-GDS dated 31.07.2025).

3. CEPT will make the necessary provision in the CCE portal under ATP 2.0 for processing the compassionate engagement cases received under this one-time relaxed scheme. A report in the Annexure-B of the Scheme may also be submitted by the Circles to this Directorate within the prescribed time. This issues with the approval of the competent authority.” (emphasis supplied) 7.2 Admittedly, the applicants’ case can be considered even in terms of the guidelines dated 30.12.2025. It is noted that the only reason the respondents cannot process the applicants’ case for consideration under the above scheme for one-time relaxation is because of non- launch of APT 2.0, which is a technical matter. 8.1 In view of the foregoing, this OA is allowed and the impugned order dated 09.10.2025 is quashed and set aside. The respondents are directed to consider the engagement of applicant no. 2 on compassionate grounds and decide it as per law by way of a reasoned and speaking order to be communicated to him, preferably within a period of three months from the date of receipt of certified copy of this order. 8.2 Associated MAs also stand disposed of. 8.3 Parties shall bear their own costs.

(Pankaj Kumar)

Member (A)

Vidya

Vidya Ben Waghela Digitally signed by Vidya Ben Waghela Date: 2026.11.12 15:18:12 +05'30'