SAVITRI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition is directed against the order of the Central Administrative Tribunal dated 16.9.2003 dismissing the original application filed by the petitioner No. 2 Mr.Mukesh Kumar and his mother, Mrs.Savitri Devi. By the impugned order learned Tribunal upheld the order dated 8.2.2002 passed by the respondent rejecting the request of the petitioners for compassionate appointment of Mr. Mukesh Kumar in view of the death of his father Mr.Shiv Dutt.The petitioners thereafter filed a misc.application, which was also dismissed by the learned Tribunal by order dated 17.11.2003. This order is also impugned in the present writ petition.

(2.) Mr.Shiv Dutt, father of the petitioner No.2 was appointed as a book binder in the Government of India Press, Faridabad on 19.12.1967. He expired on 18.1.2000 and at the time of death he was about 58 years old and had about two years to go before his retirement. The petitioner No.2 and his mother Mrs.Savitri Devi made an application dated 19.10.2000 requesting that the petitioner No.2 may be given compassionate appointment as his father had died in harness.

(3.) The petitioner No.2 was called for interview but after considering his case, vide letter dated 8.2.2002, the request for compassionate appointment was rejected. The reason given for rejection of the request in the aforesaid letter was that the family of late Mr.Shiv Dutt had received Rs.2,41,870/- as financial assistance and were also entitled to receive family pension of Rs.1975/- per month plus dearness allowance. The respondents were of the opinion that the amounts paid to the petitioners including the family pension was much more than the poverty line yardstick adopted in such cases. It was held that the petitioner's case was not deserving/meriting compassionate appointment in view of the guidelines issued in that regard by DP&T.