LAWS(CA)-2002-3-6

AVADHESH KUMAR SINGH Vs. UNION OF INDIA

Decided On March 15, 2002

JUDGEMENT

(1.) THE applicant has claimed appointment on compassionate grounds, on the basis of medical decategorisation.

(2.) The applicant No. 2 Man Bahal Singh was in service of the respondents. He was medically decategorised vide Annexure-1 dated 19/20.6.92. The applicant's date of birth as per Annexure-4 is 1.4.1943. The applicant's case is that he was not offered any alternative job. Vide communication Anneiure-1 dated 25.11.79 to the Rejoinder there was no question to offer alternative employment to the applicant. Consequently, one of the dependants of the applicant No. 2, it is submitted, is entitled for appointment on compassionate grounds. The applicant No. 1 Avdhesh Kumar Singh is the son of applicant No. 2. An application for appointment of applicant No. 1 on compassionate grounds was sent, but the same was rejected vide impugned letter dated 10.6.98, hence this O.A.

(3.) PLEADINGS on record have been perused. From the recitals made in the counter affidavit, the legal position is not disputed as is contained in Annexure R-1 dated 3.9.83. For convenience relevant part is reproduced below;-