Vipin Chaudhary vs DEFENCE on 6 November 2026

1. Union of Indian through Secretary, Ministry of Defence, Department of Defence Production, New Delhi.

2. General Manager, Ordinance Equipment Factory, a unit of Troop Comforts Limited, Government of India Enterprises, Ministry of Defence, Phoolbagh Kanpur.

3. Directorate of Ordinance (Coordination and Service) Ayudha Bhawan Kolkate through its Director …..Respondents By Advocate: Ms. Prayagmati Gupta.

O R D E R (ORAL) Heard the learned counsel for the applicant, learned counsel for the respondents and perused the records.

2. Through this Original Application, applicant has prayed for the following relief(s):- “The Hon’ble Tribunal may kindly be pleased to directed the respondents to provide the suitable appointment to the applicant on compassionate grounds under dying-in-harness rules as the father of the applicant who was regular and confirmed employees died in harness on dated 25.04.2021 and all the formalities had already been completed.”

3. At the outset, learned counsel for the applicant argued that applicant moved O.A. No. 633 of 2025- Vipin Chaudhary vs. Uoi & Ors. before this Tribunal, wherein this Tribunal has passed the following order:- “4. Keeping in view the innocuous prayer made by the applicant, this O.A. is disposed of finally at the admission stage itself with a direction to the respondents/competent authority to consider and decide the applicant’s representation dated 04.08.2025 (Annexure-5) (page 20-22) of the O.A. within a period of two months from the date of receipt of certified copy of this order in accordance with law and relevant rules by passing a reasoned and speaking order under intimation to the applicant.”

4. In compliance of the aforesaid order, competent authority has informed through Annexure No. 7 (page 15-16 of the paper- book) as under:- “3- माननीय केन्द्रीय प्रशासननक अधिकरण, ऱखनऊ बेंच, ऱखनऊ के सम्मुख दायर ओ०ए० सं० 633/2025 में संऱग्न आपके प्रनिवेदन ददनांक 04/08/2025 (अनुऱग्नक-5) में आपको अनुकम्पा ननयुक्ति प्रदान ककये जाने का अनुरोि ककया गया है। 4- माननीय केन्द्रीय प्रशासननक अधिकरण, ऱखनऊ बेंच, ऱखनऊ के ननणणय ददनांक 07/11/2025 के अनुपाऱन में आपको यह अवगि कराना है कक रऺा मंत्राऱय के द्वारा ददनांक 01/10/2021 से समस्ि आयुि ननमाणणयों का ननगमीकरण कर इन्द्हें 07 नए डिफेंस पक्लऱक सेतटर अंिरटेककंग के अन्द्दर रखा गया है. क्जसके अनुसार आयुि उपस्कर ननमाणी, कानपुर को दूप कम्फर्टणस लऱलमटेि नाम की डिफेंस पक्लऱक अंिरटेककंग (DPSU) के अन्द्िगणि रखा गया है। ननगमीकरण के उपरांि टी.सी.एऱ. कानपुर के द्वारा ननम्नलऱणखि आदेश ददया गया है- "MoD has already been approached by TCL through DDP regarding applicability or revised procedure of the Government Orders on Compassionate Appointment after corporatization of Ordnance Factories w.e.f. 01.10.2021. Instruction will be issued to units after receipt of clarifications from MoD on the subject matter." इस संबंि में आयुि ननदेशाऱय (समन्द्वय एवं सेवाएं), कोऱकािा के पत्र ददनांक 14/06/2023 के द्वारा ननम्नलऱणखि ननदेलशि ककया गया है- "The matter of providing compassionate appointment to the dependent family members of the deceased employees, after corporatization of erstwhile OFB and its constituents units, is under consideration of the Ministry." पुनः आयुि ननदेशाऱय (समन्द्वय एवं सेवाएं), कोऱकािा के पत्र ददनांक 13/05/2026 के द्वारा अनुकम्पा ननयुक्ति के मामऱे में ननम्नलऱणखि सूधचि ककया गया है- "As on date, the matter is under examination in DDP in consultation with DLA and other Departments." 5- िदनुसार, भववष्य में अनुकम्पा ननयुक्ति के संबंि में कोई भी नये ददशा-ननदेश प्राप्ि होने के उपरांि आपके मामऱे में ननयमानुसार ववचार/कायणवाही की जायेगी।”

5. Learned counsel for the applicant argued that purpose of compassionate appointment is to provide instant and quick relief for making arrangement to earn bread and butter to the family members of the deceased employee. The case of the applicant cannot be permitted to keep in limbo for indefinite period.

6. Learned counsel for the respondents orally opposed the aforesaid submissions.

7. Learned counsel for the applicant produced the order passed by this Tribunal in O.A. No. 286/2022- Rajat Tiwari vs. Union of

India & Ors. dated 10.01.2025 wherein in similar fact situation, this Tribunal has passed the following order:- “9. The matter of providing compassionate appointment of the dependent family members of the deceased employee after corporatization is under consideration at Ministry level, hence, nothing can be said about new policy.

10. In the peculiar facts and circumstances of the case, respondents /competent authority are directed to finalize the policy relating to providing compassionate appointment to the dependent family members of the deceased employees after corporatization of OFB and its constituents units within three months form 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.

11. OA is disposed of in the aforesaid terms.

12. Copy of this judgment be provided to the learned counsel for the respondents forthwith to ensure compliance and early disposal of the case of the applicant.”

8. As in similar fact situation, this Tribunal has passed the order in O.A. No. 286/2022 to finalize the policy relating to providing compassionate appointment to the dependent family members of the deceased employees, it would not be proper to take a different stand in the present lis.

9. Hence, O.A. is being disposed of without calling counter at this stage.

10. In view of the above, respondents/competent authority are directed to finalize the policy relating to providing compassionate appointment to the dependent family members of the deceased employees 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 finalization of policy under intimation to the applicant forthwith.

11. Accordingly, O.A. is disposed of in the above terms. There is no order as to costs.

(Justice Anil Kumar Ojha)

Member (J)

JNS Jay Narayan Singh Digitally signed by Jay Narayan Singh