NIYOTI BALA DAS Vs. THE UNION OF INDIA AND ORS.
LAWS(JHAR)-2015-6-32
HIGH COURT OF JHARKHAND
Decided on June 15,2015

Niyoti Bala Das Appellant
VERSUS
The Union of India and Ors. Respondents

JUDGEMENT

- (1.) This writ petition has been preferred challenging the order dated 12th January, 2015 passed by the Central Administrative Tribunal, Circuit Bench at Ranch in O.A. No. 204 of 2013 (R), whereby the claim for compassionate appointment of the original applicant, who is the petitioner before this court, has been rejected by the Central Administrative Tribunal. Submissions made on behalf of the petitioner
(2.) Counsel appearing for the petitioner (original applicant) submitted that as husband of the petitioner was compelled to retire from the services of the Union of India on 31st July, 1990 on the ground of illness, the present petitioner should have been appointed on compassionate basis. But, the application preferred by this petitioner for such appointment was rejected by the respondents vide order dated 29th August, 2013. The said order was challenged by this petitioner in O.A. No. 204 of 2013 (R) and as the Central Administrative Tribunal, Circuit Bench at Ranchi has dismissed the said Original Application preferred by this petitioner, this writ petition has been preferred. Submissions made on behalf of the respondents
(3.) Two persons cannot be given appointment on compassionate ground for the death or retirement due to ill health of one employee: "Counsel appearing for the Union of India has submitted that no illegality has been committed by the Central Administrative Tribunal, Circuit Bench at Ranchi in dismissing the O.A. No. 204 of 2013 (R) mainly for the reason that husband of the petitioner was compelled to retire due to ill health on 31st July, 1990 and thereafter, his brother was given compassionate appointment on 27th August, 1991. A letter was also written by the husband of the petitioner to give appointment to his brother and the brother was appointed on 27th August, 1990 as a Gardener. The brother of the husband of this petitioner, who was given compassionate appointment, has also expired now, but, the petitioner cannot be given compassionate appointment now because more than person cannot be given appointment on compassionate ground for the death or retirement due to ill health of one employee.";


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