TRILOK CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE father of the petitioner had died while in service on 26th December, 2000 and the petitioner had sought compassionate appointment. However, his request for compassionate appointment was declined by order dated 8th July, 2008 in terms of OM dated 5th May, 2003 as there had been no vacancy in the three years, i. e. , 2000-01, 2001-02 and 2002-03. The application for compassionate appointment of the petitioner was received by the respondents on 15th February, 2001. An Application under Section 19 of the Administrative Tribunals Act, 1986 being OA No. 2551 of 2008, Shri Trilok Chand v. Union of India and others had been filed by the petitioner to challenge his non- appointment on compassionate grounds, and to seek appointment on compassionate ground, which has been dismissed by the central Administrative Tribunal by order dated 18th August, 2009 which is challenged by the petitioner in the present writ petition. The learned counsel for the petitioner has not disputed that the compassionate appointment is to be given in cases where the family is in indigent condition and deserves the immediate assistance against financial destitution. Restriction of vacancies for compassionate appointment to 5% vacancies also cannot be disputed by the learned counsel for the petitioner.

(2.) CONSIDERING the fact and circumstances, it is also apparent that the petitioner had passed Bachelor Degree in pursuance to an examination held in april 2002 and he had applied earlier for compassionate appointment by letter dated 9th January, 2001 to CIT, Rohtak on compassionate basis for the post of ldc. Since the petitioner had not even qualified the examination for Bachelor degree on 9th January, 2001, he was not eligible for appointment in the year 2000-2001.

(3.) THE request of the petitioner for compassionate appointment could be for considered for three years only. Since the father of the petitioner died on 26th December, 2000 and the application for compassionate appointment was made on 9th January, 2001, therefore, the application could be considered during the year 2000-2001; 2001- 2002 and 2002-2003.