- (1.) The challenge in the present writ petition is to the order dated 29.3.2001, Annexure P-4, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the 'Tribunal'), whereby an application filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985 seeking appointment on compassionate ground was dismissed.
(2.) Shri Gurdial Singh, father of the petitioner, while working as driver with the Central Ground Water Board (hereinafter referred to as the 'Board'), died on 13.5.1995. After the death of the father of the petitioner, the mother of the petitioner sought appointment of the petitioner, who was born on 30.5.1970, on compassionate ground in the year 1996. On 27.12.1998, the petitioner was informed that his case has been forwarded to the respondent No.3 for further action, but on 5.2.2000, the petitioner received a communication that his claim for appointment on compassionate ground has been considered by the Board in its meeting held on 9.9.1997 and since no vacancy was available at that relevant time, the name of the petitioner was circulated in various Ministries of the Government of India for offering him compassionate appointment. It is the case of the petitioner that such communication virtually declines the claim of the petitioner for appointment on compassionate ground.
(3.) In reply to the averments made in the application, the respondents have pointed out that the name of the petitioner was considered by the Screening Committee constituted by the Board, with other candidates for appointment on compassionate ground, in its meeting held on 9.9.1997. Since the number of vacancies within the prescribed quota of 5% were not available, the petitioner could not be appointed on compassionate ground. It is further pointed out that the appointment on compassionate ground is purely related to give immediate assistance to the family of the deceased and such request cannot be kept pending for indefinite period. Therefore, the committee has forwarded the name of the petitioner to the different Ministries to explore the possibility of appointment on compassionate ground against the vacancies falling vacant in their respective departments. It is pointed out that the name of the petitioner has been circulated vide office memorandum dated 11.10.1997. It is also pointed out that the request of Harish Kumar, respondent No.4 was considered by the Screening Committed in its meeting held on 16.3.1999 and in terms of the circular issued, the case was considered by the Screening Committee and Harish Kumar, respondent No.4 was recommended for appointment on compassionate ground. It is also pleaded that the deceased left behind his widow and sons elder to the petitioner and all of them are able bodies person. The family received Gratuity, Group Insurance, Leave Encashment and GPF amounting to Rs.1,69,917/-. The family is in receipt of pension plus dearness allowance and does not fall within the category of family in financial distress.;