NARESH BHAI Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Request for appointment on compassionate ground was rejected by a communication dated 06.05.2013 which led to the filing of OA No. 2586/2013. The Tribunal dismissed the OA which forced the petitioner to approach this Court by filing the present Writ Petition.

(2.) The facts of the case in a nutshell are that parents of the petitioner were employed by the Northern Railway. The father of the petitioner died on 01.06.1988 while in service. On an application made by his wife, elder brother of the petitioner Shri Rakesh Bhai was appointed on compassionate grounds. After a span of two decades, mother of the petitioner, who was also working as Chief Office Superintendent died on 04.03.2011. The petitioner being the younger son applied for appointment on compassionate grounds. It was contended that the father and mother were living separately from 15.03.1988 on the basis of mutual agreement, thus he claimed that he was solely dependent on his mother.

(3.) It is strongly urged before us that the Tribunal has failed to consider the peculiar facts of the case that father of the petitioner had died as far back as on 01.06.1988 while the mother died only on 04.03.2011; and secondly, the father and mother were living separately and the petitioner was living with his mother for all practical purposes and his mother was the bread earner and thus petitioner should have been granted employment on compassionate ground.