AMIT KUMAR SINGH Vs. UNION OF INDIA
LAWS(ALL)-2019-9-146
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on September 18,2019

AMIT KUMAR SINGH Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Saurabh Lavania, J. - (1.) Heard learned Counsel for the petitioner and learned Counsel for the respondents.
(2.) The petitioner has filed the present writ petition, for the following main reliefs:- "1. To issue a writ, order or direction in the nature of certiorari thereby quashing the impugned judgment and order passed by the Central Administrative Tribunal dated 12.04.2017 and Rejection Order dated 23.07.2015 passed by O.P. No. 4 Assistant General Manager, Lucknow, contained Annexure No. 1 and 9 to the writ petition. 2. To issue a Writ, Order or Direction in the nature of Mandamus Commanding the Opp. Parties to consider the case of the petitioner for Appointment under Scheme for Compassionate Appointment dated 09.10.1998, in the interest of Justice."
(3.) The brief facts of the case are that father of the petitioner was working in Bharat Sanchar Nigam Ltd. on the post of Phone Mechanic. On 15.07.2005, the father of the petitioner died and the petitioner moved an application dated 23.02.2006 for compassionate appointment before the General Manager Telicom, BSNL, Faizabad and the same was forwarded to the Chief General Manager, Telecom, U.P. (East) Circle, Lucknow. Thereafter, vide letter/order dated 21.01.2018, the High Power Committee rejected the application of the petitioner for compassionate appointment. Thereafter, aggrieved by the said order dated 21.01.2018, the petitioner filed the Original Application No. 404 of 2009 before the Central Administrative Tribunal (in short "Tribunal") and the same was allowed by the order dated 06.05.2011. The Tribunal directed the opposite parties to consider the case of the petitioner afresh in view of Circular dated 09.10.1998. The relevant portion of the order dated 06.05.2011, is reproduced below:- " Finally, therefore, in view of the aforesaid facts and circumstances, this O.A. deserves to be and is accordingly allowed. The impugned order dated 21.1.2008 (Annexure -1) alongwith minutes of the High Power Committee dated 11.12.2007 passed by the respondent authorities, so far it relates to the applicant, are hereby set aside. The respondents are directed to consider the case of the applicant afresh in view of the relevant O.M./circulars which were in force at the relevant time, ignoring the subsequent circular letter dated 27.06.2007 which cannot have retrospective effect. As the matter is already become quite old, it is desirable that this matter is finalized within a reasonable period say within 6 months from the date of certified copy of this order is produced by the applicant to the respondents. No order as to costs.";


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