SANJAY KAMTHANIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL & OTHERS

JUDGEMENT

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

(2.) THE petitioner has prayed for a writ of certiorari quashing the judgment and order dated 27.2.1998 passed by the Central Administrative Tribunal, Allahabad by which claim of the petitioner for a direction to the respondents to give appointment to him on the post of Upper Division Clerk on compassionate ground has been rejected. He has further prayed for quashing of the orders dated 5.7.1993 and 22.8.1994 passed by the respondent authorities by which request of the petitioner's mother for appointment on compassionate ground has been rejected. It is then prayed that respondents may also be directed to grant appointment to the petitioner as Upper Division Clerk on compassionate grounds in the Central Excise Department, Kanpur within a period to be specified by the Court.

(3.) THE brief facts of the case are that petitioner's father Sri R.S. Kamthania was working in substantive capacity on the post of Inspector in the Central Excise Department. He expired on 26.01.1992 leaving behind the petitioner, his elder brother and mother. The elder brother of the petitioner was employed as a clerk in Central Bank of India who is claimed to be living separately from his father, mother and the petitioner. The petitioner, in these circumstances, applied for appointment on compassionate ground in the department. The contention of learned counsel for the petitioner is that "compassionate appointment" is offered by the department in accordance with office memorandum dated 30.6.1987. Relevant paragraph 4 of the said office memorandum regarding eligibility reads thus: