UNION OF INDIA Vs. RAJ KUMARI

JUDGEMENT

(1.) We have heard learned counsel for the parties and perused the pleadings of writ petition.

(2.) This writ petition has been preferred against an order dated 5th May, 2011 passed by Central Administrative Tribunal Allahabad Bench in O.A. No. 299 of 2011 whereby the case of respondent was remanded for consideration in the light of instruction vide A-14 dated 22.1.2010 and with direction to pass appropriate orders in accordance with law. Instead of considering the case of petitioner in terms of directions, the Union of India has assailed the order on the ground that the respondent was entitled to be considered only against the past vacancy. His case was taken up twice and it did not find favour with the authority because the petitioner was placed lower in the comparative merit drawn by the authority.

(3.) Sri S.K.Rai, learned counsel appearing for the Union of India, inter alia, submitted that the case of petitioner had been considered threadbare for appointment on compassionate ground and the Central Administrative Tribunal has passed the order exparte. Thus, the petitioner was not given any opportunity to submit a reply in order to clarify the position as to how the case of petitioner was required to be considered only in the light of instruction of 2001 and not in the context of instruction of 2010. During the course of his arguments, Sri Rai, took us to annexure 5, the instruction of 1.2.2010, with particular reference to paragraph 6. The said paragraph is reproduced as follows :-