Vijay Kumar Vs Union Of India And Ors

Patna High Court 3 Sep 2020 Civil Writ Jurisdiction Case No. 4361 Of 2016 (2020) 09 PAT CK 0118
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Civil Writ Jurisdiction Case No. 4361 Of 2016

Hon'ble Bench

Sanjay Karol, CJ; S. Kumar, J

Advocates

Rajiv Krishna Bariar, Dr. K.N. Singh, Ravindra Kumar Sharma

Final Decision

Dismissed

Judgement Text

Translate:

Heard learned counsel for the parties.

The prayer of the petitioner in this writ application reads as follows:-

“(a)for quashing of the order dated 04.09.2015 passed in OA No. 050/00099/2015 by the Central Administrative Tribunal, Patna Bench, Patna

(hereinafter referred to “CATâ€​ or Tribunal) wherein and whereby prayer of compassionate appointment has been rejected.

(b)for quashing of the order No. R&E-76/2014-06/GDS dated 09/12.01/2015.â€​

Briefly stated, the facts of the case is that father of petitioner namely, Vishundeo Prasad Sinha, while posted as GDS MD/MC within Muzaffarpur

Postal Division died in harness on 13.12.2011 leaving behind 4 sons including petitioner and 2 daughters including 1 unmarried and mentally retarded

daughter.

Petitioner represented before the department for appointment on compassionate ground alongwith required documents on the ground that the family of

deceased is suffering from destitution due to sad demise of their sole bread earner, however, the case of the petitioner was rejected by the department

as according to parameters laid down by the department for appointment on compassionate ground, petitioner was not found entitled for

compassionate appointment and his case was rejected by order dated 12.01.2015 and communicated to him by the department.

In order to be eligible to be considered for grant of compassionate appointment, applicant should have 50 weightage points, however, petitioner was

having 48 weightage points and as such his case for grant of compassionate appointment was rejected by the department, aggrieved by which

petitioner approached the Central Administrative Tribunal (hereinafter referred to as Tribunal) and after due consideration the Tribunal rejected the

claim of petitioner for grant of compassionate appointment.

Department in its written statement, as placed before the Tribunal, gave the details of weightage point, on the basis of which petitioner was granted 48

points. The Tribunal also reworked the weightage points of petitioner and did not find him eligible for consideration for appointment on compassionate

ground and rejected his case, being devoid of any merit.

After hearing learned counsel for the parties and considering the materials available on record, this Court does not find any error or infirmity in the

order passed by the Tribunal, and accordingly, writ petition is dismissed.

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