ADITYA NARAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The facts of this case are that on 15.12.1961 Sri Jagdish Prasad, the father of the petitioner was appointed as Extra Departmental Mail Carrier (in short 'EDMC') at village and Post Office Jamalpur, District Banda. In the year 1997 Sri Jagdish Prasad fell seriously ill and was sanctioned medical leave. In May, 1997 the father moved an application for grant of compassionate appointment to the petitioner on the ground that he was incapacitated due to his physical infirmity. The request of Jagdish Prasad was accepted by the department and the petitioner was appointed as EDMC at village and post office Jamalpur, Banda where he worked during the periods between (i) 24.11.1997 to 31.12.1998 (ii) 3.8.1999 to 31.12.1999 and (iii) 29.1.2000 to 11.10.2000. After the aforesaid spells of working the petitioner was not permitted to work. He then filed Original Application No.389 of 2001, before the Central Administrative Tribunal, Allahabad (hereinafter referred to as the Tribunal) with a prayer for command to the respondents to allow the petitioner to continue him as Post man in the village he was working and to pay him his salary with arrears of pay treating him to be a permanent employee.

(3.) The CAT, Allahabad vide its judgment and order dated 8.5.2002 allowed the O.A. No.389 of 2001 relying upon a Full Bench decision of Ernaculam Tribunal reported in 2002(1) ATC 205 observed that 'the Full Bench after detailed consideration had answered both the questions in affirmative and held that circular letter dated 29.5.1992 denying the benefit of scheme of employment assistance on compassionate ground to near relative of the E.D. Agents discharged pre-maturely as medically invalidated was arbitrary and unreasonable and that in view of the aforesaid judgment the applicant was entitled for relief'.