HEMANT GUPTA, J. - (1.) THE challenge in the present writ petition is to the order passed by the learned Central Administrative Tribunal (hereinafter referred to as 'the Tribunal') on 23.5.2006, whereby the Original Application under Section 19 of the Administrative Tribunals Act, 1985, filed by respondent No. 1 was allowed and the present petitioner was directed to consider the case of respondent No. 1 for compassionate appointment against any suitable and available post like water man etc., in Group -D, as per his educational qualification.
(2.) KHARAITI Lal, father of respondent No. 1 died on 8.5.1973, while working as Pointman under the Railways. Respondent No. 1 is his son born on 25.9.1968. He has studied upto 6th Class. He sought appointment on compassionate grounds, vide an application dated 6.4.1988. An affidavit filed by the said respondent at the time of seeking appointment on compassionate grounds has been appended with the writ petition as Annexure P.1. The said claim of respondent No. 1 was declined vide order dated 27.6.1989 (Annexure P -2A). Subsequently, respondent No. 1 filed another representation for appointment, which was rejected on 31.3.2004, which was made subject matter of challenge before the learned Tribunal.
(3.) THE entire case of respondent No. 1 revolves around the Instructions dated 18.4.1985 appended with the writ petition as Annexure P.4. The said Instructions were Annexure R.2 before the Tribunal. While considering such Instructions, the Tribunal has taken into consideration the fact that the case of a minor dependent has to be kept pending for 5 years after the minor attains the age of 18 years. The learned Tribunal found that the clause in the Instructions that the case has to be kept pending for a period of five years has to be reckoned from the date of attaining the majority and not from the date of death, as sought to be canvassed by the petitioner herein. In view of the said interpretation, the Tribunal issued the directions as mentioned above. Before, we proceed further, it would be relevant to extract the circular dated 18.4.1985 in extenso : - "Copy of Railway Board's Letter No. E(NG) II -84/RC1/86 dated 18.4.1985 addressed to all GMs and others. Sub : Appointment on compassionate grounds time limit for appointment. In para 1(2) of the Ministry letter No. E (NG) III -78/RC1/1 dated 30.4.79 on the subject of compassionate appointments, it was laid down that in the case of staff who die in harness and where the widow can not take up employment and sons/daughters are minor, the case may be kept pending till the first son/daughter becomes a major, i.e. attains the age of 18 years. However, such cases can be kept pending for a period of only five years, after which appointment on compassionate grounds will not be permissible. As an exception to this provision, the General Managers may personally authorise a relaxation of this limit of five years in deserving cases of employees whose cases fall under para 4(i) of the same letter. 2. Subsequently, in December, 1980, the Railways Administrations were advised to the effect that in case involving special circumstances they could, with the personal approval of the General Manager, approach this Ministry for relaxation of the limit of five years in other cases. 3. The question of delegation of powers to the General Manager for relaxation of the limit of five years in all cases has been engaging the attention of this Ministry for some time past. It has now been decided that in all cases of death of such employee while in service, compassionate appointment, as permissible under the except instructions could be approved by the General Managers even beyond the limit of five years, subject to the following conditions: - i) The powers shall be exercised personally by the General Manager. It shall not be delegated to a lower authority. ii) The cases should not be more than ten years old as reckoned from the date of death. iii) The widow of the deceased employee should not have remarried. iv) The benefit of compassionate appointment should not have been given at the time of any other member of the family or to a near relative of the deceased employee. v) The circumstances of the case should be such as to warrant relaxation of the time limit of five years. vi) The reasons for relaxing the time limit should be placed on record. vii) The request for compassionate appointment should have been received by the Railway Administration as soon as the son/daughter to be considered for compassionate appointment has become a major, say within a maximum period of six months." ;