MAHENDRA SINGH Vs. UOI

JUDGEMENT

(1.) (ORAL)

(2.) FATHER of the petitioner, Sh.Ram Prasad, expired on 24.12.1997. He was employed as Pump Operator in CPWD (Respondent No.1). After his death, the petitioner's mother filed an application for compassionate appointment in accordance with O.M. dated 13.06.1987 which was in force as on the date when father of the petitioner expired. Later on, mother of the petitioner sought compassionate appointment for the petitioner on 20.05.1998. She kept on filing various reminders but no reply was received. The petitioner, therefore, filed O.A.No.1923/2004 which was disposed of on 13.08.2004 with a direction to consider the request of the applicant by passing a reasoned order. The application so filed was rejected vide order dated 18.01.2005 stating therein that there was no vacancy under 5% quota for the year 2004-05. It was, however, stated that the petitioner would be considered against the vacancies for 2005-06 in case an application was filed on prescribed format. W.P.(C.) No.7142 /2009 Page 1 of 5

(3.) THE application was contested by the respondents by specifically denying that no reservation for physically handicapped provided under reservation for compassionate appointment. Finally, this application was also dismissed by the Central Administrative W.P.(C.) No.7142 /2009 Page 2 of 5 Tribunal vide order dated 30.05.2008. Some of the observations made by the Tribunal while dismissing the aforesaid O.A., the Tribunal has made reference to the judgment of the Supreme Court in Umesh Kumar Nagpal Vs. State of Haryana, reported in JT 1994 (3) SC 525 wherein it was held as under:-