MUNISH KUMAR S/O LATE SHRI OM PRAKASH EX MATE Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this O.A., applicant has sought direction to the respondents to grant appointment to the applicant on compassionate grounds, as he was already selected by the Board of Officers and to pay him full back wages from 1.12.1998 till date.

(2.) The brief facts, as alleged by the applicant, are that his father late Shri Om Prakash, who was serving as Mate (MTD) in M.T. Section of the office of the Garrison Engineer (North), Meerut Cantt, died in harness on 8.6.1998 leaving behind his widow and applicant among other children. Since they were in great financial hardship, his mother gave an application for grant of compassionate appointment. Applicant appeared before the Board of Officers which interviewed him on 1.12.1998 and found him eligible for compassionate appointment in Class 'D'. Even though he was duly selected but the staff of Respondent No. 4 got another individual appointed in place of applicant by accepting bribe of Rs. 25,000/- from one Smt. Shahida, widow of late Mumtaz Ahmed, Ex-Auditor of CDA (Army), Meerut Cantt. Thus, applicant has been deprived of his appointment in an arbitrary manner. Another person, namely, son of late Hansraj, Electrician of GE (U) E/M, Meerut Cantt, who died in the month of February, 2002 was also given compassionate appointment of LDC in the office of CE, Bareilly Zone, Bareilly Cantt but applicant's case was still ignored. Being aggrieved, he gave number of applications but yet ignoring him altogether appointments were given to number of other persons. Since he was continuously being ignored, he even gave representation to the Hon'ble Minister and even the Hon'ble Prime Minister but still nothing was done by the respondents, therefore, he had no other option but to file the present O.A.

(3.) ON merits, they have categorically denied that any corrupt procedure was followed by any staff of Respondent No. 4. ON the contrary, they have explained that in the Board of Officer's meeting held on 1.12.1998, it was only suitability of the candidates, which was assessed. They have stated applicant was found suitable for Group 'D' post (Mazdoor), but it was further subject to relaxation of age limit and approval by the competent authority. Applicant was over age as his date of birth was 8.2.1969. Thereafter, the Board of Officers was constituted under the orders of Chief Engineer, Bareilly Zone for considering cases of compassionate appointments from different units falling under Chief Engineer, Bareilly Zone. Total 204 cases for the posts of Mazdoor, including the case of applicant, were considered by the Board of Officers, out of which only 10 cases were found as most deserving in the Group 'D' category and all those 10 candidates had scored 80 points whereas the applicant had scored only 49 point. Therefore, his case was fully considered but could not be recommended as there were more deserving cases than him. They also undertook to place the relevant records for the perusal of the court.