D. Raju, J. -
(2.)The respondents father, late Umed Singh, working as a Security Guard in the office of NOIDA Export Processing Zone, Ministry of Commerce, died on 20.02.1999, while in service. Claiming to be entitled to compassionate appointment in Group C or Group D vacancies of Post, under the policy in vogue the respondent applied for such appointment, on 3.3.1999. Since the appointment on compassionate grounds could be only against the 5 per cent of the vacancies arising, the request for his appointment could not be complied with the percentage reserved therefore having been already exhausted and the Department of Personnel and Training also declining to relax the regulation relating to ceiling of 5 per cent, noticed above. The chances of accommodating elsewhere also were found to be remote, after exploring the possibility.
(3.)Consequently, the respondent approached the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 1636 of 2000 and by an Order dated 5.2.2001, a single Member directed the appellant herein to consider relaxing the limit or ceiling of 5 per cent in the Scheme and consider appointing the respondent against one of the posts available in the office of the Development Commissioner, subject, of course, to his fulfilling the required qualifications, etc., within a period of two months from the date of receipt of a copy of the order. An application, seeking for the review of the same, moved by the appellant also came to be dismissed. Earlier to the application for review, the application filed to set aside the order passed in the main O.A. ex parte came to be also dismissed. Resultantly, the appellant moved the Delhi High Court in W.P. No. 5616 of 2001, challenging the order of the Tribunal. The Division Bench of the High Court also declined to interfere and dismissed the Writ Petition by an Order dated 26.09.2001. Hence, the appeal before this Court.