- (1.) Heard learned counsel for the parties. Petitioner is the applicant in O.A. No. 050/00318/of 2015, who has preferred the writ petition being aggrieved by the order, dated 28th April, 2015 passed by learned Central Administrative Tribunal, Patna Bench at Ranchi (Annexure-6), whereby the claim for compassionate appointment in lieu of death of his younger brother, namely, Santosh Kumar, Ex-Trackman/(P.Way) PNME has been rejected.
(2.) The relevant material facts as available on record show that younger brother of the petitioner, late Santosh Kumar was appointed on 6th May, 2013 as Ex Trackman/SSE (P.Way)/PNME under East Central Railways, Dhanbad, but he expired 9 months thereafter as a bachelor on 17th February, 2014. He had also taken pass for self only and no other members of the family. As per Rules applicable in the Respondent-Organization, cases of dependents of Railway employees dying as bachelors/spinsters for appointment on compassionate grounds may be considered subject to the condition that the candidate proposed for appointment is shown as dependent of the ex-employee as per the Pass Rules.
(3.) In the instant case, it is not in dispute that father of the petitioner is still alive. The employee was, in fact, the younger brother of the petitioner. The employment was only for 9 months. Taking into account all these factors, the respondents had rejected the plea of compassionate appointment vide order dated 13th October, 2014 (Annexure-5). Though the same was stated to be on record in the original application but was inadvertently not challenged before learned C.A.T. Learned C.A.T considered the plea of the petitioner and also took into account the relevant material facts that not only was the father of the applicant alive but the younger brother of the deceased employee had worked only for nine months. Therefore, the applicant could not be treated as dependent of the deceased employee.;