BHAWANI PRASAD SONKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal, by grant of special leave, is directed against the judgment dated 1st September, 2003 delivered by the High Court of Judicature at Allahabad at Lucknow, whereby the writ petition filed by the Appellant herein, seeking compassionate appointment, has been dismissed on the ground that he did not fulfil the conditions envisaged in the Railway Board Circular dated 29th November, 2001.

(2.) Appellants father, Mr. Prahladji Sonkar, was posted as a Guard Mail/Express, North Eastern Railway at the Lucknow Junction. Respondent No. 2 viz. the Senior Divisional Karmik Adhikari, North Eastern Railway (N.E.R.), Lucknow directed the Appellants father to appear before the Medical Board for a medical examination. Accordingly, Appellants father appeared before the Medical Board and was declared medically unfit in A2, A3, B1 and B2 categories vide certificate dated 6th March, 1998. However, he was found fit in C1 and C2 categories and was directed to appear for another medical examination after six months.

(3.) Accordingly, Appellants father again appeared for a medical examination and vide certificate dated 13th July, 1999, he was declared medically unfit as de-categorized employee. Nevertheless, he was found fit in category B1 and below. Thereafter, on 9th August, 1999, Appellants father appeared before the Standing Committee which decided to retire him without offering him any alternate employment, as stipulated in the service rules. Ultimately, Appellants father was retired from service vide retirement order dated 30th August, 1999 issued by Respondent No. 3 viz. Divisional Railways Manager (Karmik), Lucknow, which stated that: