- (1.) Heard Sri Saurabh Lavania, learned counsel for the petitioner and Sri S.B. Pandey, learned Additional Solicitor General of India.
(2.) Facts of the present case, in brief, are that the petitioner's father Surya Bhan Dixit, who was working in the Postal and Telegraph Department, Government of India, due to his medical health was unable to discharge his duties, as such the request has been made that looking into the financial condition of his family, who is in harness, his son Mahesh Kumar Dixit (petitioner) may be given compassionate appointment.
(3.) On 18.03.1998, the petitioner was approved for appointment in the Postal Department on the post of Postal Assistant. However, the petitioner has not been given his actual posting, so he filed O.A. No. 1250 of 2002 before the Central Administrative Tribunal, Allahabad Bench, Allahabad. On the assurance given by the Officer respondent that he will be appointed in Postal Assistant Cadre, the petitioner/claimant withdrew the said original application vide order dated 27.11.2002. Thereafter, on 22.07.2003 an order of appointment was issued to him on the post of GDS and the petitioner/claimant has accepted the terms and conditions of the said appointment and has been engaged in a part time job of Gramin Dak Sevak with promise that as soon as the vacancy of Postal Assistant exists, he would be appointed. Thereafter, in the year 2015, petitioner/claimant filed Original Application No. 20 of 2015 with the following relief:- "(a) quash and set-aside the order dated 5.12.2014 as contained in Annexure no. A-1 and direct the Opposite parties to appoint the applicant in Postal Assistant cadre as per their allotment order dated 18.03.1998 as contained in Annexure no. A-10. (b) Any other relief deemed just and proper be also granted in favour of the applicant with costs of the O.A.";