ASHWIN D PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-Ashwin D. Patel, son of late Shri Dhirajlal D. Patel, Ex-ESM, Western Railway, Bhavnagar, has filed this petition under Articles 226 and 227 of the Constitution of India and prayed that the impugned judgment and order dated 20.1.2004 passed by the learned Central Administrative Tribunal, Ahmedabad Bench (for short "the Tribunal") in O.A. No.387 of 2003 with M.A. No.525 of 2003 be quashed and set aside and the respondents be directed to reconsider the case of the petitioner for appointment on compassionate ground.

(2.) Shri Dhirajlal D. Patel, Ex-ESM expired on 31.5.1975 while on duty, leaving behind him, his widow-Smt.Durgaben and 3 sons; (1) Pankaj, (2) Bakul, and (3) Ashwin (present petitioner). As per the practice, Pankaj, the eldest son of of Shri Dhirajlal D. Patel was offered service in Railways on the post of Probationary Assistant Station Master in 1978. Some how or the other, he did not join that post, which is clear from letter dated 29.7.2002 (Annexure-E) addressed by the present petitioner-Ashwin to DRM, Bhavnagar. It is no doubt true that by letter dated 25.11.1978 said Shri Pankaj requested to give him posting on Electrical Engineering side. But, the fact remains that he was not offered such posting and that he did not join the post which was offered to him.

(3.) It appears that thereafter Smt.Durgaben, widow of deceased-Shri Dhirajlal submitted an application dated 12.9.1979 for giving appointment to her second son-Bakunchandra Patel. However, no response was given to it by the Railway administration, may be because her eldest son who was offered appointment refused to accept it.