- (1.) Heard Sri Jaswant Rai, Advocate holding brief of Sri H.C. Dubey, learned counsel for petitioners and learned Standing Counsel for State of U.P.
(2.) This writ petition under Article 226 of Constitution of India has been filed by petitioners against judgement and order dated 20.03.2008 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as "Tribunal") in Original Application (hereinafter referred to as "OA") No. 866 of 2005 whereby Tribunal has rejected OA and declined to interfere with order dated 13.05.2005 passed by respondent-3 rejecting claim of petitioners for compassionate appointment.
(3.) The claim of petitioners for compassionate appointment has been rejected on the ground that petitioner-2 could get lessor marks as per scheme under different heads considered to examine which candidate is in more penurious condition in comparison to other candidates available for compassionate appointment who have already applied prior to petitioners. Further that petitioner-2 was not found in more penurious condition comparing to other candidates. Computation of marks of petitioner-2 has been shown in para-5 of impugned order dated 13.05.2005 passed by respondent-3 which reads as under:- MARKS OBTAINED Family Pension 16 out of Max of 20 marks Terminal benefit 07 out of Max of 10 marks Monthly Income 05 out of max of 5 marks Moveable/Immoveable 10 out of max of 10 marks No. of dependents daughter 05 out of max of 15 marks No. of minor children Nill out of max of 15 marks Left over service and deceased 04 out of max of 10 marks Total marks obtained 52 out of max of 100 marks The total marks obtained by the last candidate who was considered alongwith you and is recommended is as under:- Marks of last recommended applicants Ist time 2nd time 3rd time 4th time 45 28 70 52 ;