HAJI GULMOHMAD SIDDI Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Mr P.H. Pathak, learned counsel for the petitioner and Mr Ramnandan Singh, learned counsel appearing for the respondent.

(2.) THE brief facts of the case are that the father of the petitioner, namely, Gulmohmed Siddi, who was working under the respondent as Gate Man at the Railway Crossing No.44 was medically decategorised as he had undergone eye operation and lost vision of one of the eyes. An order was issued by the respondents on 31st August 1988 after receiving the medical report of the Railway Medical Officer and the father of the petitioner was declared unfit for railway service. He was offered an alternative appointment of Gangman, which was refused by the petitioner and he offered to voluntarily retire and his son may be given appointment on compassionate ground. The claim for compassionate appointment of the petitioner, namely, Haji Gulmohmed Siddi was rejected by the respondents on by letter dated 8th April 1999 on the ground that the competent authority (General Manager) has not given approval on the petitioner's application for compassionate appointment. Therefore, the application of the petitioner for compassionate appointment dated 13th September 1998 stood rejected and the petitioner challenged order dated 8th April 1999 before the Central Administrative Tribunal, Ahmedabad Bench at Ahmedabad (for short, 'the Tribunal') by filing Original Application No.165 of 2002.

(3.) THE respondents were required to reconsider the claim of the petitioner, which means the General Manager, whose order was earlier communicated vide order dated 8th April 1999, was required to be reconsidered. The General Manager on 28 th August 2003 has reconsidered the matter and rejected the claim of the petitioner for compassionate appointment on the ground that though the father of the petitioner was medically decategorised and was voluntarily retired from service on medical ground with effect from 1st September 1998, no right vests for claiming compassionate appointment on the death of the employee or medically decategorised and can only be offered on the basis of pure financial conditions.