- (1.) The present writ petition assails order dated 18.9.2014 dismissing O.A.No.213/2013, passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur declining to interfere with the decision of the Respondents holding the Petitioner ineligible for compassionate appointment.
(2.) Learned Counsel for the Petitioner submits that his father died in harness on 6.9.2009. On 14.06.2010 his mother submitted an application that the petitioner may be considered for compassionate appointment. It was rejected on 12.9.2012 by an unreasoned and non-speaking order. The petitioner represented against the same which was again rejected on 5.12.2012 also by a unreasoned and non-speaking order. The O.A. application was then preferred. In their reply the Respondents disclosed an internal guideline with regard to compassionate appointment providing for award of weightage points. These guidelines were not in the nature of any rules and regulations. The Respondents have taken varying stands that the petitioner secured 35 points under the weightage system and at another stage that he secured 40 points. The petitioner filed an application under the Right to Information Act seeking the rules under which claims for compassionate appointments were being considered as also how many persons had been provided compassionate appointment between the year 2009-2012. In reply, the Respondents only disclosed the names of persons granted compassionate appointment without disclosing the weightate points obtained by them.
(3.) Reliance was placed on a Bench decision in Mohd. Faruk Bhati Vs. S.B.B.J. & Ors., 2009 1 RajLW 810 Rajasthan (SJ) that if there was discrimination in consideration for compassionate appointment of persons similarly situated, Article 14 warranted consideration of compassionate appointment. Further reliance was placed on Mukesh Kumar Vs. Union of India & Ors., 2007 AIR(SC) 3077 holding that If the parameters for assessment that the family was not indigent were not disclosed, the order rejecting the claim for compassionate appointment was unsustainable.;