- (1.) The petitioner has filed this petition under Articles 226/ 227 of the Constitution of India for issuance of a writ of certiorari seeking quashing of the judgment dated 19.1.2011, Annexure P-2, passed by the Central Administrative Tribunal, Chandigarh whereby the Original Application filed by him has been dismissed. He has also sought a writ in the nature of mandamus directing the respondents to give him appointment on compassionate grounds, on a post commensurate to his qualifications.
(2.) The facts of the case, in brief, are that Tarlok Singh, father of the petitioner, who was working as Operator Tele-communication in the Custom (Preventive) Commission-orate, died on 5.11.2005 leaving behind five children and a widow. In order to mitigate the hardship of the family of the deceased who dies in harness, the Government of India framed a policy dated 9.10.1988 where a provision was made to offer appointment to a dependent of the deceased employee on compassionate ground.
(3.) In due course of time, service benefits were released and family pension was fixed by the respondent-department. An application was thereafter submitted by Ravinder Kumar, elder son of the deceased seeking appointment in terms of the above policy. On 21.22007, mother of the petitioner moved an application for cancellation of the application of said Ravinder Kumar on the ground that he was not maintaining them properly. She even changed her nomination in favour of Babita Rani. As the case for compassionate appointment had not yet been finalized and meanwhile the petitioner became major, the widow of the deceased moved an application dated 4.2.2010, inter alia, stating mat as her family was facing hardship her another son, i.e. the petitioner, may be given appointment on compassionate ground. When the widow of the deceased had made an application for cancellation of the application moved by Ravinder Kumar, all other children of the deceased had by means of their respective affidavits relinquished their legal claim in favour of the petitioner for compassionate appointment.;