ANIL KUMAR S/O LATE SHRI JAI KISHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) BY virtue of this OA applicant seeks appointment on compassionate grounds to Group �D� post.

(2.) Father of applicant, who was a skilled fitter in the Railways, was removed from service. Later on, on an appeal filed by the widow, an order passed on 11.11.2003 converted the punishment on reduction to compulsory retirement and accordingly family pension and other retiral dues were paid to the family of the deceased.

(3.) ON the other hand, Shri A.P. Sahay, learned Counsel appearing for respondents vehemently opposed the contentions and stated that compulsory retirement of applicant was by way of penalty and by referring to the Master Circular No. 16 of Railways as well as OM dated 18.4.1985, it is stated that compassionate appointment would be accorded to the widow or the family members of the deceased Railway servants, if the erstwhile Railway servant dies in harness or retired on medical grounds. As the case of applicant is not covered within the aforesaid categories, he has no right to claim compassionate appointment.