B.MUKHOPADHYAY,J. - (1.) This application under Sec. 19 of the Administrative Tribunals Act, 1985 was admitted on 16.11:1987.
(2.) The applicant, Shri Adhir Kumar Nath, an employee of the Eastern Railway, was declared by 'the Medical Board to be completely incapacitated for further service of any kind on the Indian Railways on 18.1.1984 and was 'on that ground discharged from service with effect from 18.1.84. His grievance is that though in the circumstances his on was eligible to be considered for appointment on compassionate ground under the extant rules of the Railway Board, his prayer for employment of his son. on compassionate ground was rejected by the Competent Authority.
(3.) The applicant at the relevant time was suffering from neurological disease and was under treatment in the B. R. Singh Hospital, Sealdah. The consulting Neuro -physician certified on 23.8.1983 that the applicant had remote possibility of recovery of functions of his right hand (Annexure -B2). On the basis of this Certificate, the Asst. Divisional Medical Officer (Psychiatry) Eastern Railway, Sealdah, declared the applicant unfit to do any duty in the Railways permanently on 6.9.1983 (Annexure -B3) and his case was forwarded to the Medical Superintendent, Kancharapara, Hospital for issuing of further Certificate. It appears that his case was then preferred to the Chief Medical Officer for convening, of a Medical Board. The Medical ultimately met on 18.1.84 and declared the applicant unfit for any kind of service on Indian Railway.;