(1.) The petitioners herein challenging common order dated 29-8-2008 passed by the Central Administrative Tribunal, Jabalpur Bench (henceforth 'the Tribunal') in O.A. No 161/2008 (Amarkant Rao vs. Union of India and others) and O.A No. 165/2008 (Abdul Rahim vs. Union of India and others). The Tribunal, by the impugned order dated 29-8-2008 has also decided O.A. No. 166/2008 (M.L. Khan vs. Union of India and others), however, the said applicant, namely, M.L. Khan is not before us in writ petition.
(2.) The Tribunal has dismissed the O.As., By which petitioners had sought for a direction to the respondents/Railways to grant appointment on compassionate ground to their wards on petitioners' being declared medically decategorised.
(3.) Petitioner no. 1 Amarkant Rao, a Diesel Driver was declared Partially medically unfit and was decategorised due to low vision vide CMS Letter dated 5-11-1999 and was offered an alternative appointment keeping in view all the provisions of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 (henceforth 'The Act, 1995'), however, he refused the alternative appointment and applied for appointment of his ward on compassionate ground. He prayed for voluntary retirement which was accepted with effect form 2-1-2002, otherwise he was to retire on attaining the age of superannuation with effect from 28-02-2002. The respondents/Railways rejected his request for appointment on compassionate ground to his ward vide communication dated 09-05-2007 (Annexure A-1 in the original application). Petitioner No. 1 Amarkant Rao had earlier preferred O.A.No.92/2007 along with petitioner No.2 Abdul Rahim, Ramandas Rao and M.L. Khan. The said original application was disposed of on 9-2-2007 with a direction to the respondents to consider and decide the representations pending with them by a speaking order.