BINDESWAR MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT's father while working as Jamadar under the respondents breathed his last on 25.10.1996 prematurely leaving behind his widow, two sons and one daughter. On 20th April, 1997, the mother of the applicant approached the respondents to provide an employment to one of her sons (applicant) to remove the distress conditions of the family. The applicant had also submitted a representation on 20th August, 1997 seeking an employment on compassionate ground which was forwarded to the respondent No. 2 and respondent No. 2 on 13.2.1998 sought comments of respondent No. 4. The details having been furnished by the respondent No. 4 on 7.2.1999, with willingness of the applicant and the applicant having furnished an undertaking on 16.7.99, the matter was considered and the respondents rejected the prayer of the applicant on 21.9.1999 and, as a consequence, the prayer for compassionate appointment has been turned down on the ground that a lump sum amount of retirement benefits have been given to the family and the mother of the applicant is being provided (sic) family pension. Another ground has also been taken for rejection of the prayer for providing compassionate appointment was that the applicant was overaged being of 35 years old.

(2.) In the counter, the stand given out Annexure-1 dated 21.9.1999 for rejection of the prayer of the applicant has been supported.

(3.) IN the aforesaid premises, the respondents are directed to provide employment to the applicant on compassionate ground by ignoring his overage, notwithstanding the fact that a lump sum amount has been paid to the family as retiral benefits and the family pension provided to the widow of the Government servant.