LAWS(ALL)-2012-4-313

MUNNI LAL Vs. UNION OF INDIA AND OTHERS

Decided On April 24, 2012
MUNNI LAL Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. Brief facts of the case are that the father of the petitioner died in harness on 29.2.2002 leaving behind his widow and six sons. The mother of the petitioner Smt. Thakuri Devi moved applications dated 25.3.2000 and 4.5.2000 before the Chief Engineer, Central Command, Lucknow for compassionate appointment. She died in the mean time, during the pendency of her application aforesaid. Thereafter, the petitioner moved representation/application dated 20.3.2001 before the respondent No. 3, the Chief Engineer, Air Force, Allahabad for compassionate appointment in place of his father which was rejected vide order dated 6.3.2003 by respondent No. 3.

(2.) Aggrieved by rejection of his application, he preferred Original Application No. 994 of 2003, Munni Lal v. Union of India and others before the Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as 'CAT') which was disposed vide judgment and order dated 19th October, 2006 by the CAT, directing the respondents to reconsider the case of the petitioner for the vacancies that arose in the years 2004 and 2005, and give appointment if his case is covered under the then existing rules relating to appointment on compassionate ground and that this exercise was to be completed within a period of 3 months from the date of the order. It was also directed that the result of reconsideration of the application be communicated to the petitioner within the aforesaid period.

(3.) Pursuant thereto, the petitioner again preferred representation dated 7.11.2006 before respondent No. 3 for compassionate appointment which was rejected vide order dated 22.11.2006 by respondent No. 3 on the ground of too low being in the competitive merits i.e. 48 marks only amongst the other deserving candidates.