SHANKAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 16th of April, 2014 passed by the Central Administrative Tribunal, Patna Bench, Patna (for short, 'the Tribunal ') is subject matter of challenge in the present writ petition. The Tribunal vide the order impugned has not entertained the Original Application filed by the petitioner for appointment on compassionate ground.

(2.) A perusal of the record shows that father of the petitioner Sri Chhanu Ram died on 15th of April, 2001. The elder brother of the petitioner, namely Sri Narain Ram, sought appointment on compassionate ground vide the request dated 21st July, 2003, but his claim for appointment on compassionate ground was rejected on 31st of Oct., 2005. Thereafter, the petitioner applied for compassionate appointment on 23rd of December, 2010. which was rejected vide communication dated 13th of Dec., 2013, inter alia on the ground that the petitioner has sought appointment on compassionate ground after more than two years of attaining majority as he is born on 10th of Dec., 1986.

(3.) Learned counsel for the petitioner has vehemently argued that the application of his elder brother was pending in the year 2007 which is evident from Annexure-1 attached with the writ petition, therefore, the stand of the respondents that the claim for compassionate appointment raised by the elder brother of the petitioner was rejected in the year 2005. is totally incorrect. It is also argued that the petitioner has sought appointment on compassionate ground soon after he attained majority and, therefore, his claim for appointment on compassionate ground could not have been rejected.