ASHOK KUMAR MEWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant who was an employee of the Railways applied for voluntary retirement on the ground of medical ailments, subject to appointment of his son Mukesh Mewari on compassionate ground. The Respondent­Union of India through Divisional Railway Manager, W.C. Railways, Jabalpur allowed the request of the Appellant, in part, by accepting the voluntary retirement without considering the prayer for grant of compassionate appointment to his son. Dissatisfied, the appellant filed Original Application No. 200/00398/2015 before the Central Administrative Tribunal, Jabalpur Bench, Jabalpur, (for short "Tribunal") which was allowed vide order dtd. 11/2/2016. The directions issued by the Tribunal are as under:

(2.) The said order was challenged in Writ Petition No. 7540 of 2016 before the High Court, which was allowed in part vide order dtd. 12/1/2017. The High Court remitted the matter with certain observations. The operative portion of the order is reproduced as thus:

(3.) On remand, the Tribunal vide order dtd. 18/12/2017 dismissed the same with an observation that the Board Circular dtd. 12/11/2014 gives clarification to the words "medically de­categorised" which is clarificatory to the original circular dtd. 14/6/2006 and would apply from the date of the said circular. In view of the clarificatory nature of the circular, it was observed that the appellant has been declared fit in his original medical category but unfit for the post he occupied, therefore, he is not entitled for the relief as prayed.