- (1.) We have heard learned counsel for the parties and perused the pleadings of writ petition.
(2.) This writ petition has been preferred against an order dated 5th May, 2011 passed by Central Administrative Tribunal Allahabad Bench in O.A. No. 299 of 2011 whereby the case of respondent was remanded for consideration in the light of instruction vide A-14 dated 22.1.2010 and with direction to pass appropriate orders in accordance with law. Instead of considering the case of petitioner in terms of directions, the Union of India has assailed the order on the ground that the respondent was entitled to be considered only against the past vacancy. His case was taken up twice and it did not find favour with the authority because the petitioner was placed lower in the comparative merit drawn by the authority.
(3.) Sri S.K.Rai, learned counsel appearing for the Union of India, inter alia, submitted that the case of petitioner had been considered threadbare for appointment on compassionate ground and the Central Administrative Tribunal has passed the order exparte. Thus, the petitioner was not given any opportunity to submit a reply in order to clarify the position as to how the case of petitioner was required to be considered only in the light of instruction of 2001 and not in the context of instruction of 2010. During the course of his arguments, Sri Rai, took us to annexure 5, the instruction of 1.2.2010, with particular reference to paragraph 6. The said paragraph is reproduced as follows :- 6. "It is, therefore, requested that the revised points system should be allowed to be implemented/incorporated in respect of applications which are expected to be received beyond 31st March, 2009 for consideration by the next BOO at Depot/Unit/HQ level." 5. Sri Rai also referred to the subsequent government instruction dated 2nd February, 2010 and relied upon paragraphs 4 and 5 thereof. The said paragraphs are also reproduced as follows :- 4. " In view of the above, a proposal has already been mooted to MOD/D (Lab) to allow this office to conduct the ensuing BOO at the HQ level on the basis of old points system in respect of all the applications which have arleady been considered and recommended by the Local Boards (Pre-Annual Boards) till 31st March, 2009 on the basis of the old points scale system as it would be both logical and fair from the stand point of rationality. 5.It has further been proposed that all subsequent Boards of Officers which are scheduled to be held at Depots/Union/HQ level subsequent to the ensuing BOO should be based on new points scale system to give effect to new point system of compassionate appointment under relaxation of rules for the remaining candidates to be considered after 31st March, 2009 along with fresh applications.;