CGST CAT Chandigarh Case Compassionate Appointment

CGST CAT Chandigarh Case Compassionate Appointment

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Last Updated on March 10, 2026 by Satish Mishra

Compassionate appointment in the Central Goods and Services Tax (CGST) department, as handled by the Central Administrative Tribunal (CAT), is a specialized service matter governed by strict Department of Personnel and Training (DoPT) guidelines designed to provide immediate relief to families in extreme financial distress due to the death or medical retirement of a government servant. These matters often involve complex legal challenges regarding dependency, merit-based selection, and administrative delays, with CAT playing a crucial role in ensuring that such appointments are made in a transparent and objective manner.

Key Aspects CGST Compassionate Appointment Matters

  • Objective and Eligibility: The primary goal is to alleviate sudden financial destitution. It applies to dependents of regular government servants who die in harness or retire on medical grounds. Eligible dependents include the spouse, son/adopted son, daughter/adopted daughter, or brother/sister (in case of an unmarried government servant).
  • Merit-Based Selection: A point-based merit system is used to evaluate the indigent condition of the applicant, enhancing transparency and objectivty in the selection process.
  • Administrative Procedure: A Welfare Officer is usually nominated in all CAT Benches to assist in these matters. The competent authority for these appointments is typically the Head of Department (HoD) in attached/subordinate offices like the CGST commissionerates.
  • Vacancy Calculation: For small departments, vacancies can be calculated using a liberalized method, adding up Group C and erstwhile Group D vacancies for 3 or more years to find a 5% quota vacancy.

Legal Challenges and Decisions:

  • Not a Vested Right: Compassionate appointment is not a right, but a humanitarian measure; it cannot be granted after a long lapse of time.
  • Termination: Appointments can be terminated for non-compliance with conditions, with the power vesting in the Secretary of the concerned department.
  • CAT’s Role: While CAT cannot compel an appointment, it can direct the authorities to consider a claim in a time-bound, legal manner.
  • Case Example: In a CGST Chandigarh case, the tribunal dealt with a situation where a candidate was denied the post of Havildar due to failure to meet physical standards, with discussions on relaxing those standards

Relevant DoPT Guidelines

  • OM No. 14014/01/2022-Estt.(D) (August 2, 2022): Defines the latest guidelines for compassionate appointment.
  • Liberalized Method: Allows for the calculation of vacancies over multiple years if none were available in the previous 3 years.
For specific, ongoing, or pending cases, individuals often approach the CAT Bench with jurisdiction over their CGST zone to ensure their application is considered in line with these rules.

CGST CAT Chandigarh Case Compassionate Appointment wherein provisional compassionate appointment was suspended as applicant did not meet physical standards.

Now let’s have the case here.

Rest you can have the latest DOPT consolidated instructions on compassionate appointment – Replacement of Para 13-regarding dated 23.08.2021.

Applicant :

Sandeep Singh, age 24 years, s/o Late Sh. Paramjet Singh, resident of House No. 356, Anandpur Jalbera, District Ambala, Haryana – 134003.

(BY: MR. DHIRAJ CHAWLA, ADVOCATE)

Respondents

  1. Union of India through Secretary, Department of Revenue, Ministry of Finance, Central Government

Offices Complex, North Block, New Delhi – 110001.

  1. Central Goods & Services Tax Commissionerate, Plot No. 19, Sector 17-, Chandigarh through its Principal Commissioner – 160017.

Also Read- Surjit Kumar Behera vs Central Excise &Amp – Indian Kanoon

Order of court(ORAL)

SANJEEV KAUSHIK, MEMBER (J):

  1. Applicant, in this O.A., has assailed the order dated 01.11.2019 (Annexure A-1) and another dated 05.03.2019 (Annexure A-1/A) whereby the provisional appointment, on compassionate grounds, of the applicant to the post of Havildar, has been cancelled.
  2. Heard.

2- O.A.No.060/00063/2020

  1. Learned counsel submitted that the case of the applicant for appointment on compassionate grounds was considered and was recommended for provisional appointment to the post of Havildar, as is apparent from letter dated 13.07.2018 (Annexure A-3). However, the applicant could not meet the standards of prescribed physical test as his chest was short by 2 cms, and therefore, his candidature for provisional appointment was cancelled. Learned counsel argued that the respondents have powers to relax the physical standards under the relevant Rules, which they did not exercise. He further submitted that if applicant is not eligible to be appointed as Havildar, he may be offered appointment against any other Group C post, on compassionate grounds. He contended that the applicant has submitted a representation dated 08.11.2019 (Annexure A-7) requesting the respondents to grant him appointment to any other Group ‘C’ post which has not been answered till date. He prayed that the applicant would be satisfied if a direction is issued to the respondents to consider his representation in accordance with law.

Also Read- Central Administrative Tribunal Archives | SCC Blog

  1. In the wake of above, I deem it appropriate to dispose of the O.A., in limine, with a direction to the respondents to re-appreciate the case of the applicant for appointment to

3- O.A.No.060/00063/2020

the post of Havildar in view of the relevant Policy and the powers given in the Recruitment Rules, to relax the minimum physical standards, or to consider his case for appointment to any other post, along with other candidates, in the next meeting to be held for the purpose.

  1. Needless to mention that the disposal of the O.A. shall not be construed as an expression of any opinion on the

merit of the case. No costs.

Also Read- Chandigarh Administration vs Central Administrative Tribunal

The court ordered to decide the representation of the applicant within fixed timeframe.

Post Written by – Research Team of LegalSeva (LawFirm) of Satish Mishra Advocate. Responses from Google’s AI Overview  included in Post.

Disclaimer: This is for informational purposes only. Consult a qualified lawyer for advice specific to your case.

For case specific advice, please contact Chandigarh Administrative Tribunal/Service Matter/Labour and Service/CAT/Legal Aid/Administrative/Senior/Service Employment Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.

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